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



[[Page i]]

          

          33


          Parts 125 to 199

          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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[[Page iii]]




                            Table of Contents



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

  Title 33:
          Chapter I--Coast Guard, Department of Homeland 
          Security(Continued)                                        3
  Finding Aids:
      Material Approved for Incorporation by Reference........     957
      Table of CFR Titles and Chapters........................     965
      Alphabetical List of Agencies Appearing in the CFR......     985
      List of CFR Sections Affected...........................     995

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and sectionnumber. 
                       Thus, 33 CFR 125.01 refers 
                       to title 33, part 
                       125,section 01.

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

[[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 
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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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EFFECTIVE AND EXPIRATION DATES

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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 
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OBSOLETE PROVISIONS

    Provisions that become obsoletebefore the revision date stated on 
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1972, or 1973-1985, published in seven separatevolumes. For the period 
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INCORPORATION BY REFERENCE

    What is incorporation byreference? Incorporation by reference was 
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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]]


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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, Cheryl E. Sirofchuck was Chief Editor. TheCode of 
Federal Regulations publication program is under the directionof Michael 
L. White, assisted by Ann Worley.


[[Page 1]]



                TITLE 33--NAVIGATION AND NAVIGABLE WATERS




                  (This book contains parts 125 to 199)

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

chapter i--Coast Guard, Department of HomelandSecurity 
  (Continued)...............................................         125


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 HOMELAND SECURITY(CONTINUED)




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

                   SUBCHAPTER L--WATERFRONT FACILITIES
Part                                                                Page
125             Identification credentials for persons 
                    requiring access towaterfront facilities 
                    or vessels..............................           7
126             Handling of dangerous cargo at waterfront 
                    facilities..............................          16
127             Waterfront facilities handling liquefied 
                    natural gas and liquefiedhazardous gas..          24
128             Security of passenger terminals.............          48
                Index to Subchapter L.......................          53
 SUBCHAPTER M--MARINE POLLUTION FINANCIAL RESPONSIBILITY ANDCOMPENSATION
133             Oil spill liability trust fund; State access          58
135             Offshore oil pollution compensation fund....          60
136             Oil spill liability trust fund; claims 
                    procedures; designation ofsource; and 
                    advertisement...........................          68
137             Oil spill liability: Standards for 
                    conducting all appropriateinquiries 
                    under the innocent land-owner defense...          78
138             Financial responsibility for water pollution 
                    (vessels)...............................          87
                Index to Subchapter M.......................         139
            SUBCHAPTER N--OUTER CONTINENTAL SHELF ACTIVITIES
140             General.....................................         142
141             Personnel...................................         149
142             Workplace safety and health.................         152
143             Design and equipment........................         155
144             Lifesaving appliances.......................         159
145             Fire-fighting equipment.....................         162
146             Operations..................................         164
147             Safety zones................................         171

[[Page 4]]

                Index to Subchapter N.......................         179
                     SUBCHAPTER NN--DEEPWATER PORTS
148             Deepwater ports: General....................         186
149             Deepwater ports: Design, construction, and 
                    equipment...............................         214
150             Deepwater ports: Operations.................         235
                Index to Subchapter NN......................         263
                         SUBCHAPTER O--POLLUTION
151             Vessels carrying oil, noxious liquid 
                    substances, garbage,municipal or 
                    commercial waste, and ballast water.....         268
153             Control of pollution by oil and hazardous 
                    substances, dischargeremoval............         315
154             Facilities transferring oil or hazardous 
                    material in bulk........................         322
155             Oil or hazardous material pollution 
                    prevention regulations forvessels.......         397
156             Oil and hazardous material transfer 
                    operations..............................         464
157             Rules for the protection of the marine 
                    environment relating totank vessels 
                    carrying oil in bulk....................         476
158             Reception facilities for oil, noxious liquid 
                    substances, andgarbage..................         538
159             Marine sanitation devices...................         549
                Index to Subchapter O.......................         569
                SUBCHAPTER P--PORTS AND WATERWAYS SAFETY
160             Ports and waterways safety--general.........         581
161             Vessel traffic management...................         591
162             Inland waterways navigation regulations.....         605
163             Towing of barges............................         628
164             Navigation safety regulations...............         629
165             Regulated navigation areas and limited 
                    access areas............................         652
166             Shipping safety fairways....................         836
167             Offshore traffic separation schemes.........         848
168             Escort requirements for certain tankers.....         858
169             Ship reporting systems......................         861
                Index to Subchapter P.......................         867
                       SUBCHAPTERS Q-R [RESERVED]
                      SUBCHAPTER S--BOATING SAFETY
173             Vessel numbering and casualty and accident 
                    reporting...............................         877

[[Page 5]]

174             State numbering and casualty reporting 
                    systems.................................         883
175             Equipment requirements......................         887
177             Correction of especially hazardous 
                    conditions..............................         893
179             Defect notification.........................         897
181             Manufacturer requirements...................         899
183             Boats and associated equipment..............         904
184-186

[Reserved]

187             Vessel identification system................         938
188-199

[Reserved]

                Index to Subchapter S.......................         947

[[Page 7]]



                   SUBCHAPTER L_WATERFRONT FACILITIES





PART 125_IDENTIFICATION CREDENTIALS FORPERSONS REQUIRING ACCESS TO WATERFRONT FACILITIES OR VESSELS--Table of Contents




Sec.
125.01 Commandant.
125.03 District Commander.
125.05 Captain of the Port.
125.06 Western rivers.
125.07 Waterfront facility.
125.08 Great Lakes.
125.09 Identification credentials.
125.11 Form of Coast Guard Port Security Card.
125.12 Period of validity of Coast Guard Port SecurityCards.
125.13 Captain of the Port Identification Cards.
125.15 Access to waterfront facilities, and port and harborareas, 
          including vessels and harbor craft therein.
125.17 Persons eligible for Coast Guard Port Security Cards.
125.19 Standards.
125.21 Applications.
125.23 United States citizens.
125.25 Aliens.
125.27 Sponsorship of applicant.
125.29 Insufficient information.
125.31 Approval of applicant by Commandant.
125.33 Holders of Coast Guard Port Security Cards.
125.35 Notice by Commandant.
125.37 Hearing Boards.
125.39 Notice by Hearing Board.
125.41 Challenges.
125.43 Hearing procedure.
125.45 Action by Commandant.
125.47 Appeals.
125.49 Action by Commandant after appeal.
125.51 Replacement of lost Coast Guard Port Security Card.
125.53 Requirements for credentials; certain vesselsoperating on 
          navigable waters of the United States (including theGreat 
          Lakes and Western Rivers).
125.55 Outstanding Port Security Card Applications.
125.57 Applications previously denied.

    Authority: R.S. 4517, 4518, secs. 19, 2, 23 Stat. 58,118, sec. 7, 49 
Stat. 1936, sec. 1, 40 Stat. 220; 46 U.S.C.570-572, 2, 689, and 70105; 
50 U.S.C. 191, E.O. 10173, E.O.10277, E.O. 10352, 3 CFR, 1949-1953 Comp. 
pp. 356, 778, 873.

    Source: CGFR 56-15, 21 FR 2940, May 3, 1956,unless otherwise noted.



Sec. 125.01  Commandant.

    The term Commandant means Commandant of the Coast Guard.



Sec. 125.03  District Commander.

    The term District Commander means the officer of the CoastGuard 
designated by the Commandant to command a Coast Guard District.



Sec. 125.05  Captain of the Port.

    The term Captain of the Port means the officer of the CoastGuard, 
under the command of a District Commander, so designated by 
theCommandant for the purpose of giving immediate direction to 
CoastGuard law enforcement activities within the general proximity of 
theport in which he is situated.



Sec. 125.06  Western rivers.

    The term western rivers as used in the regulations in thissubchapter 
shall include only the Red River of the North, theMississippi River and 
its tributaries above the Huey P. Long Bridge,and that part of the 
Atchafalaya River above its junction with thePlaquemine-Morgan City 
alternate waterway.

[CGFR 57-52, 22 FR 10301, Dec. 20, 1957]



Sec. 125.07  Waterfront facility.

    The term waterfront facility as used in this subchapter,means all 
piers, wharves, docks, and similar structures to whichvessels may be 
secured, buildings on such structures or contiguous tothem, and 
equipment and materials on such structures or in suchbuildings.



Sec. 125.08  Great Lakes.

    The term Great Lakes as used in the regulations in thissubchapter 
shall include the Great Lakes and their connecting andtributary waters.

[CGFR 57-52, 22 FR 10301, Dec. 20, 1957]



Sec. 125.09  Identification credentials.

    The term Identification credentials as used in thissubchapter, means 
any of the following:
    (a) Coast Guard Port Security Card (Form CG 2514).

[[Page 8]]

    (b) Merchant Mariner's Document.
    (c) Armed Forces Identification Card.
    (d) Identification credentials issued by Federal Law enforcementand 
intelligence agencies to their officers and employees (e. g.,Department 
of the Treasury, Department of Justice, FederalCommunications 
Commission).
    (e) Identification credentials issued to public safety officials(e. 
g., police, firemen) when acting within the scope of theiremployment.
    (f) Transportation Worker Identification Credential.
    (g) Such other identification as may be approved by the 
Commandantfrom time to time.

[CGD 56-15, 21 FR 2940, May 3, 1956, as amended by CGD77-228, 43 FR 
53427, Nov. 16, 1978; CoastGuard-2006-24196, 72 FR 3587, Jan. 25, 2007]



Sec. 125.11  Form of Coast Guard Port Security Card.

    The Coast Guard Port Security Card issued by the Coast Guard 
underthe provisions of this subchapter shall be a laminated card 
bearingphotograph, signature, fingerprint, and personal description of 
theholder, and other pertinent data.



Sec. 125.12  Period of validity of Coast Guard Port Security Cards.

    (a) The Coast Guard Port Security Card (Form CG-2514) shallbe valid 
for a period of eight years from the date of issuance thereofunless 
sooner suspended or revoked by proper authority. On the firstday after 
eight years from the date of issuance, the Coast Guard PortSecurity Card 
(Form CG-2514) is hereby declared invalid andshall be considered null 
and void for all purposes.
    (b) The holder of a Coast Guard Port Security Card, which is aboutto 
expire or has expired, may apply for a new Coast Guard PortSecurity Card 
in accordance with the procedures set forth inSec. 125.21. In the event 
the applicant's Coast Guard PortSecurity Card has expired, such card 
shall accompany the applicationfor a new Coast Guard Port Security Card. 
In the event the applicantis holding a valid Coast Guard Port Security 
Card at the time hesubmits his application for a new card, such person 
shall surrenderthe old or expired Coast Guard Port Security Card at the 
time he isissued a new Coast Guard Port Security Card. In the event the 
oldCoast Guard Port Security Card was lost, stolen, or destroyed, 
thenthe applicant shall comply with the provisions inSec. 125.51, 
regarding the replacement of a lost Coast GuardPort Security Card and 
the new card issued as a replacement for a lostcard which has expired or 
is about to expire shall bear a currentissuance date.

[CGFR 58-52, 23 FR 9751, Dec. 18, 1958]



Sec. 125.13  Captain of the Port Identification Cards.

    Captain of the Port Identification Cards issued under the 
formdesignation ``Form CG 2514'' prior to the revision ofAugust 1950 
were declared invalid by a notice published in theFederal Register on 
September 11, 1946 (11 FR 10103), whichdeclaration is hereby reaffirmed.



Sec. 125.15  Access to waterfront facilities, and port and harbor areas,including vessels and harbor craft therein.

    (a) The Commandant will, from time to time, direct Captains of 
thePort of certain ports to prevent access of persons who do not 
possessone or more of the identification credentials listed inSec. 
125.09 to those waterfront facilities, and port andharbor areas, 
including vessels and harbor craft therein, where thefollowing shipping 
activities are conducted:
    (1) Those vital to the Military Defense Assistance Program.
    (2) Those pertaining to the support of U.S. military operations.
    (3) Those pertaining to loading and unloading explosives and 
otherdangerous cargo.
    (4) Those essential to the interests of national security 
anddefense, to prevent loss, damage or injury, or to insure 
theobservance of rights and obligations of the United States.
    (b) No person who does not possess one of the 
identificationcredentials aforesaid shall enter or remain in such 
facilities, orport or harbor areas, including vessels and harbor craft 
therein.
    (c) The Captain of the Port shall give local public notice of 
therestriction of

[[Page 9]]

access to waterfront facilities, and port and harborareas, including 
vessels and harbor craft therein, as far in advanceas practicable, and 
shall cause such facilities and areas to besuitably marked as to such 
restriction.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended byCGFR 58-43, 23 FR 
8542, Nov. 1, 1958]



Sec. 125.17  Persons eligible for Coast Guard Port Security Cards.

    (a) Only the following persons may be issued Coast Guard 
PortSecurity Cards:
    (1) Persons regularly employed on vessels or on 
waterfrontfacilities.
    (2) Persons having regular public or private business connectedwith 
the operation, maintenance, or administration of vessels, theircargoes, 
or waterfront facilities.
    (b) A holder of a Merchant Mariner's Document shall not be issueda 
Port Security Card, unless his Merchant Mariner's Document issurrendered 
to the Coast Guard. In this connection, seeSec. 125.09.

[CGFR 62-39, 27 FR 11259, Nov. 15, 1962, as amended byCGD 77-228, 43 FR 
53427, Nov. 16, 1978]



Sec. 125.19  Standards.

    Information concerning an applicant for a Coast Guard PortSecurity 
Card, or a holder of such card, which may preclude adetermination that 
his character and habits of life are such as towarrant the belief that 
his presence on waterfront facilities, andport and harbor areas, 
including vessels and harbor craft therein,would not be inimical to the 
security of the United States, shallrelate to the following:
    (a) Advocacy of the overthrow or alteration of the Government ofthe 
United States by unconstitutional means.
    (b) Commission of, or attempts or preparations to commit, an actof 
espionage, sabotage, sedition or treason, or conspiring with, oraiding 
or abetting another to commit such an act.
    (c) Performing, or attempting to perform, duties or otherwiseacting 
so as to serve the interests of another government to thedetriment of 
the United States.
    (d) Deliberate unauthorized disclosure of classified 
defenseinformation.
    (e) [Reserved]
    (f) Having been adjudged insane, having been legally committed toan 
insane asylum, or treated for serious mental or neurologicaldisorder, 
without evidence of cure.
    (g) Having been convicted of any of the following 
offenses,indicative of a criminal tendency potentially dangerous to 
thesecurity of such waterfront facilities and port and harbor 
areas,including vessels and harbor craft therein; arson, 
unlawfultrafficking in drugs, espionage, sabotage, or treason.
    (h) Drunkenness on the job or addiction to the use of narcoticdrugs, 
without adequate evidence of rehabilitation.
    (i) Illegal presence in the United States, its territories 
orpossessions; having been found finally subject to deportation order 
bythe United States Immigration and Naturalization Service.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by 37FR 23422, Nov. 3, 
1972]



Sec. 125.21  Applications.

    (a)(1) Application for a Coast Guard Port Security Card shall bemade 
under oath in writing and shall include applicant's answers infull to 
inquiries with respect to such matters as are deemed by theCommandant to 
be pertinent to the standards set forth inSec. 125.19, and to be 
necessary for a determination whetherthe character and habits of life of 
the applicant are such as towarrant the belief that his presence on 
waterfront facilities, andport and harbor areas, including vessels and 
harbor craft therein,would not be inimical to the security of the United 
States.
    (2) The application also shall include applicant's 
completeidentification, citizenship record, personal description, 
militaryrecord, if any, and a statement of the applicant's sponsor 
certifyingthe applicant's employment or union membership and that 
applicant'sstatements are true and correct to the best of sponsor's 
knowledge.
    (3) The application shall be accompanied by two unmounted, 
dullfinish photographs, 1 inchx1\15/16\ inches, of passport type,taken 
within one year of

[[Page 10]]

the date of application. The photographshall show the full face with the 
head uncovered and shall be a clearand satisfactory likeness of the 
applicant. It shall portray thelargest image of the head and upper 
shoulders possible within thedimensions specified.
    (4) Fingerprint records on each applicant shall be taken by theCoast 
Guard at the time application is submitted.
    (5) The applicant shall present satisfactory proof of 
hiscitizenship.
    (6) The applicant shall indicate the address to which his CoastGuard 
Port Security Card can be delivered to him by mail. Underspecial 
circumstances the applicant may arrange to call in person forthe Coast 
Guard Port Security Card.
    (7) The applicant shall present his application, in person, to 
aCoast Guard Port Security Unit designated to receive suchapplications. 
Such units will be located in or near each port whereCoast Guard Port 
Security Cards are required. Each Captain of the Portshall forward 
promptly to the Commandant each application for a CoastGuard Port 
Security Card received by him.
    (b) If an applicant fails or refuses to furnish the 
requiredinformation or to make full and complete answer with respect to 
allmatters of inquiry, the Commandant shall hold in abeyance 
furtherconsideration of the application, and shall notify the applicant 
thatfurther action will not be taken unless and until the 
applicantfurnishes the required information and fully and completely 
answersall inquiries directed to him.

[CGFR 59-63, 25 FR 1589, Feb. 24, 1960]



Sec. 125.23  United States citizens.

    Acceptable evidence of United States citizenship is described inthis 
section in the order of its desirability; however, the CoastGuard will 
reject any evidence not believed to be authentic;
    (a) Birth certificate or certified copy thereof.
    (b) Certificate of naturalization. This shall be presented by 
allpersons claiming citizenship through naturalization.
    (c) Baptismal certificate or parish record recorded within oneyear 
after birth.
    (d) Statement of a practicing physician certifying that heattended 
the birth and that he has a record in his possession showingthe date and 
place of birth.
    (e) United States passport.
    (f) A commission in one of the armed forces of the United 
States,either regular or reserve; or satisfactory documentary evidence 
ofhaving been commissioned in one of the armed forces subsequent 
toJanuary 1, 1936, provided such commission or evidence shows the 
holderto be a citizen.
    (g) A continuous discharge book, or Merchant Mariner's 
Documentissued by the Coast Guard which shows the holder to be a citizen 
ofthe United States.
    (h) If an applicant claiming to be a citizen of the United 
Statessubmits a delayed certificate of birth issued under a State's 
seal, itmay be accepted as prima facie evidence of citizenship if no one 
ofthe requirements in paragraphs (a) through (g) of this section can 
bemet by the applicant and in the absence of any collateral 
factsindicating fraud in its procurement.
    (i) If no one of the requirements in paragraphs (a) through (h) 
ofthis section can be met by the applicant, he should make a statementto 
that effect, and in an attempt to establish citizenship, he maysubmit 
for consideration data of the following character:
    (1) Report of the Census Bureau showing the earliest record of ageor 
birth available. Request for such information should be addressedto the 
Director of the Census, Suitland, Md. 20233. In making suchrequest, 
definite information must be furnished the Census Bureau asto the place 
of residence when the first census was taken after thebirth of the 
applicant, giving the name of the street and the numberof the house, or 
other identification of place where living, etc.;also names of parents 
or the names of other persons with whom residingon the date specified.
    (2) School records, immigration records, or insurance policies(the 
latter must be at least 10 years old).



Sec. 125.25  Aliens.

    Alien registration records together with other papers anddocuments

[[Page 11]]

which indicated the country of which the applicant is acitizen shall be 
accepted as evidence of citizenship in a foreignnation.



Sec. 125.27  Sponsorship of applicant.

    Applications for a Coast Guard Port Security Card shall not 
beaccepted unless sponsored. The applicant shall be sponsored by 
anauthorized official of applicant's employer or by an 
authorizedofficial of applicant's labor union. Each company and each 
labor unionconcerned shall file with the appropriate Captain of the Port 
a listof officials of the company or union who are authorized to 
sponsorapplicants. Other sponsorship may be accepted where the 
circumstanceswarrant.



Sec. 125.29  Insufficient information.

    (a)(1) If, in the judgment of the Commandant, an application doesnot 
contain sufficient information to enable him to satisfy himselfthat the 
character and habits of life of the applicant are such towarrant the 
belief that his presence on waterfront facilities, andport and harbor 
areas, including vessels and harbor craft herein,would not be inimical 
to the security of the United States, theCommandant may require the 
applicant to furnish, under oath in writingor orally, such further 
information as he deems pertinent to thestandards set forth in Sec. 
125.19 and necessary to enablehim to make such a determination.
    (2) If an applicant fails or refuses to furnish such 
additionalinformation, the Commandant shall hold in abeyance 
furtherconsideration of the application, and shall notify the applicant 
thatfurther action will not be taken unless and until the 
applicantfurnishes such information.
    (b) Upon receipt, the application and such further information asthe 
Commandant may have required shall be referred, except in thoseinstances 
where action on an application is held in abeyance pursuantto Sec. 
125.21(b) or to paragraph (a)(2) of this section, toa committee composed 
of a representative of the Legal Division, of theMerchant Vessel 
Personnel Division and of the Intelligence Division,Coast Guard 
Headquarters. The committee shall prepare an analysis ofthe available 
information and shall make recommendations for action bythe Commandant.

[CGFR 59-63, 25 FR 1589, Feb. 24, 1960]



Sec. 125.31  Approval of applicant by Commandant.

    (a) If the Commandant is satisfied that the character and habitsof 
life of the applicant are not such as to warrant the belief thathis 
presence on waterfront facilities, and port and harbor areas,including 
vessels and harbor craft therein, would be inimical to thesecurity of 
the United States, he will direct that a Coast Guard PortSecurity Card 
be issued to the applicant.
    (b) If the Commandant is not satisfied that the character andhabits 
of life of the applicant are such as to warrant the belief thathis 
presence on waterfront facilities, and port and harbor areas,including 
vessels and harbor craft therein, would not be inimical tothe security 
of the United States, he will notify the applicant inwriting as provided 
for in Sec. 125.35.



Sec. 125.33  Holders of Coast Guard Port Security Cards.

    (a) Whenever the Commandant is not satisfied that the characterand 
habits of life of a holder of a Coast Guard Port Security Card aresuch 
as to warrant the belief that his presence on waterfrontfacilities and 
port and harbor areas, including vessels and harborcraft therein, would 
not be inimical to the security of the UnitedStates, he will request the 
holder to furnish, under oath in writing,such information as he deems 
pertinent and necessary for adetermination on this issue.
    (b) If the holder fails or refuses to furnish such informationwithin 
thirty (30) days after receipt of the Commandant's request, 
theCommandant may issue the written notice provided for inSec. 
125.35(a).
    (c) The holder's failure or refusal to furnish such informationshall 
preclude a determination that the holder's character and habitsof life 
are such as to warrant the belief that his presence onwaterfront 
facilities, and port and harbor areas, including vesselsand harbor craft 
therein, would not be inimical to the security of theUnited States.

[[Page 12]]

    (d) Upon receipt of such information as the Commandant mayhave 
required, the procedure prescribed in Sec. 125.29(b)shall be followed.
    (e) If the Commandant is satisfied that the character and habitsof 
life of the holder are such as to warrant the belief that hispresence on 
waterfront facilities, and port and harbor areas,including vessels and 
harbor craft therein, would not be inimical tothe security of the United 
States, he shall notify the holderaccordingly.
    (f) If the Commandant is not satisfied that the character andhabits 
of life of the holder are such as to warrant the belief thathis presence 
on waterfront facilities, and port and harbor areas,including vessels 
and harbor craft therein, would not be inimical tothe security of the 
United States, he shall notify the holder inwriting as provided for in 
Sec. 125.35.

[CGFR 59-63, 25 FR 1589, Feb. 24, 1960]



Sec. 125.35  Notice by Commandant.

    (a) The notice provided for in Sec. Sec. 125.31 and125.33 shall 
contain a statement of the reasons why the Commandant isnot satisfied 
that the character and habits of life of the applicantor holder are such 
as to warrant the belief that his presence onwaterfront facilities, and 
port and harbor areas, including vesselsand harbor craft therein, would 
not be inimical to the security of theUnited States. Such notice shall 
be as specific and detailed as theinterests of national security shall 
permit and shall includepertinent information such as names, dates, and 
places in such detailas to permit reasonable answer.
    (b) The applicant or holder shall have 20 days from the date 
ofreceipt of the notice of reasons to file written answer thereto. 
Suchanswer may include statements or affidavits by third parties or 
suchother documents or evidence as the applicant or holder deems 
pertinentto the matters in question.
    (c) Upon receipt of such answer the procedure prescribed inSec. 
125.29(b) shall be followed.
    (d) If the Commandant is satisfied that the character and habitsof 
life of the applicant or holder are such as to warrant the beliefthat 
his presence on waterfront facilities, and port and harbor 
areas,including vessels and harbor craft therein, would not be inimical 
tothe security of the United States, he shall, in the case of 
anapplicant, direct that a Coast Guard Port Security Card be issued 
tothe applicant, or, in the case of a holder, notify him accordingly.
    (e) If the Commandant is not satisfied that the applicant's 
orholder's character and habits of life are such as to warrant thebelief 
that his presence on waterfront facilities, and port and harborareas, 
including vessels and harbor craft therein, would not beinimical to the 
security of the United States, the Commandant shallrefer the matter to a 
Hearing Board for hearing and recommendation inaccordance with the 
provisions of this part.



Sec. 125.37  Hearing Boards.

    The Commandant may establish a Hearing Board in each Coast 
GuardDistrict. The Commandant shall designate for each Hearing Board 
aChairman, who shall be, so far as practicable, an officer of the 
CoastGuard. The Commandant shall designate, so far as practicable, a 
secondmember from a panel of persons representing labor named by 
theSecretary of Labor, and a third member from a panel of 
personsrepresenting management named by the Secretary of Labor.



Sec. 125.39  Notice by Hearing Board.

    Whenever the Commandant refers a matter to a Hearing Board, 
theChairman shall:
    (a) Fix the time and place of the hearing;
    (b) Inform the applicant or holder of the names of the members ofthe 
Hearing Board, their occupations, and the businesses ororganizations 
with which they are affiliated, of his privilege ofchallenge, and of the 
time and place of the hearing;
    (c) Inform the applicant or holder of his privilege to appearbefore 
the Hearing Board in person or by counsel or representative ofhis 
choice, and to present testimonial and documentary evidence in 
hisbehalf, and to cross-examine any witnesses appearing before the 
Board;and
    (d) Inform the applicant or holder that if within 10 days 
afterreceipt of

[[Page 13]]

the notice he does not request an opportunity to appearbefore the 
Hearing Board, either in person or by counsel orrepresentative, the 
Hearing Board will proceed without further noticeto him.



Sec. 125.41  Challenges.

    Within five days after receipt of the notice described inSec. 
125.39 the applicant or holder may requestdisqualification of any member 
of the Hearing Board on the grounds ofpersonal bias or other cause. The 
request shall be accompanied by anaffidavit setting forth in detail the 
facts alleged to constitutegrounds for disqualification. The affidavit 
may be supplemented by anoral presentation if desired. If after due 
consideration the Chairmanbelieves a challenged member is qualified 
notwithstanding thechallenge, he shall notify the person who made the 
challenge andarrange to proceed with the hearing. If the person who made 
thechallenge takes exception to the ruling of the Chairman, the 
exceptionand data relating to the claim of disqualification shall be 
made amatter of record. If the Chairman finds that there is 
reasonableground for disqualification he shall furnish the person who 
made thechallenge with the name of an alternate in lieu of the 
challengedmember and arrange to proceed with the hearing. In the event 
theChairman is challenged, he shall forthwith notify the 
Commandant,furnishing the grounds for the claim of disqualification, and 
theCommandant shall act upon the challenge in accordance with 
theforegoing procedure. In addition to the right to challenge for 
cause,a person who has requested a hearing shall have two 
peremptorychallenges, one challenge for the management member and one 
challengefor the labor member of the Hearing Board. Should the 
managementmember be so challenged, the person who made the challenge may 
electto have the management member replaced by another management member 
orby a member not representing either management or labor; if the 
memberperemptorily challenged represents labor, the person who made 
thechallenge may elect to have the labor member replaced by another 
labormember or by a member not representing either management or labor.



Sec. 125.43  Hearing procedure.

    (a) Hearings shall be conducted in an orderly manner and in 
aserious, businesslike atmosphere of dignity and decorum and shall 
beexpedited as much as possible.
    (b) The hearing shall be in open or closed session at the optionof 
the applicant or holder.
    (c) Testimony before the Hearing Board shall be given under oathor 
affirmation.
    (d) The Chairman of the Hearing Board shall inform the applicantor 
holder of his right to:
    (1) Participate in the hearing;
    (2) Be represented by counsel of his choice;
    (3) Present witnesses and offer other evidence in his own behalfand 
in refutation of the reasons set forth in the Notice of theCommandant; 
and
    (4) Cross-examine any witnesses offered in support of suchreasons.
    (e) Hearings shall be opened by the reading of the Notice of 
theCommandant and the answer thereto. Any statement and affidavits 
filedby the applicant or holder may be incorporated in the record 
byreference.
    (f) The Hearing Board may, in its discretion, invite any person 
toappear at the hearing and testify. However, the Board shall not 
bebound by the testimony of such witness by reason of having called 
himand shall have full right to cross-examine the witness. Every 
effortshall be made to produce material witnesses to testify in support 
ofthe reasons set forth in the Notice of the Commandant, in order 
thatsuch witnesses may be confronted and cross-examined by the 
applicantor holder.
    (g) The applicant or holder may introduce such evidence as may 
berelevant and pertinent. Rules of evidence shall not be binding on 
theHearing Board, but reasonable restrictions may be imposed as to 
therelevancy, competency and materiality of matters considered. If 
theapplicant or holder is, or may be, handicapped by the non-
disclosureto him of confidential sources, or by the failure of witnesses 
toappear, the Hearing Board shall take the fact into consideration.
    (h) The applicant or holder or his counsel or representative 
shallhave

[[Page 14]]

the right to control the sequence of witnesses called by him.
    (i) The Hearing Board shall give due consideration to 
documentaryevidence developed by investigation, including membership 
cards,petitions bearing the applicant's or holder's signature, 
books,treatises or articles written by the applicant or holder and 
testimonyby the applicant or holder before duly constituted authority.
    (j) Complete verbatim stenographic transcription shall be made ofthe 
hearing by qualified reporters and the transcript shall constitutea 
permanent part of the record. Upon request, the applicant or holderor 
his counsel or representative shall be furnished, without cost, acopy of 
the transcript of the hearing.
    (k) The Board shall reach its conclusion and base itsdetermination 
on information presented at the hearing, together withsuch other 
information as may have been developed throughinvestigation and 
inquiries or made available by the applicant orholder.
    (l) If the applicant or holder fails, without good cause shown tothe 
satisfaction of the chairman, to appear personally or to berepresented 
before the Hearing Board, the Board shall proceed withconsideration of 
the matter.
    (m) The recommendation of the Hearing Board shall be in writingand 
shall be signed by all members of the Board. The Board shallforward to 
the Commandant, with its recommendation, a memorandum ofreasons in 
support thereof. Should any member be in disagreement withthe majority a 
dissent should be noted setting forth the reasonstherefor. The 
recommendation of the Board, together with the completerecord of the 
case, shall be sent to the Commandant as expeditiouslyas possible.



Sec. 125.45  Action by Commandant.

    (a) If, upon receipt of the Board's recommendation, the Commandantis 
satisfied that the character and habits of life of the applicant 
orholder are such as to warrant the belief that his presence 
onwaterfront facilities, and port and harbor areas, including vesselsand 
harbor craft therein, would not be inimical to the security of theUnited 
States, he shall, in the case of an applicant, direct that aCoast Guard 
Port Security Card be issued to the applicant, or, in thecase of a 
holder, notify him accordingly.
    (b) If, upon receipt of the Board's recommendation, the Commandantis 
not satisfied that the character and habits of life of theapplicant or 
holder are such as to warrant the belief that hispresence on waterfront 
facilities, and port and harbor areas,including vessels and harbor craft 
therein, would not be inimical tothe security of the United States, the 
Commandant shall:
    (1) In the case of an applicant, notify him that a Coast GuardPort 
Security Card will not be issued to the applicant, or,
    (2) In the case of a holder, revoke and require the surrender ofhis 
Coast Guard Port Security Card.
    (c) Such applicant or holder shall be notified of his right, 
andshall have 20 days from the receipt of such notice within which, 
toappeal under this part.



Sec. 125.47  Appeals.

    (a) The Commandant shall establish at Coast Guard 
Headquarters,Washington, DC, an Appeal Board to hear appeals provided 
for in thispart. The Commandant shall designate for the Appeal Board a 
Chairman,who shall be so far as practicable, an officer of the Coast 
Guard. TheCommandant shall designate, so far as practicable, a member 
from apanel of persons representing management nominated by the 
Secretary ofLabor, and a member from a panel of persons representing 
labornominated by the Secretary of Labor. The Commandant shall insure 
thatpersons designated as Appeal Board members have suitable 
securityclearance. The Chairman of the Appeal Board shall make 
allarrangements incident to the business of the Appeal Board.
    (b) If an applicant or holder appeals to the Appeal Board within20 
days after receipt of notice of his right to appeal under thispart, his 
appeal shall be handled under the same procedure as thatspecified in 
Sec. 125.39, and the privilege of challenge maybe exercised through the 
same procedure as that specified inSec. 125.41.

[[Page 15]]

    (c) Appeal Board proceedings shall be conducted in the samemanner as 
that specified in Sec. 125.43.



Sec. 125.49  Action by Commandant after appeal.

    (a) If, upon receipt of the Appeal Board's recommendation, 
theCommandant is satisfied that the character and habits of life of 
theapplicant or holder are such as to warrant the belief that 
hispresence on waterfront facilities, and port and harbor 
areas,including vessels and harbor craft therein, would not be inimical 
tothe security of the United States, he shall, in the case of 
anapplicant, direct that a Coast Guard Port Security Card be issued 
tothe applicant, or in the case of a holder, notify him accordingly.
    (b) If, upon receipt of the Appeal Board's recommendation, 
theCommandant is not satisfied that the character and habits of life 
ofthe applicant or holder are such as to warrant the belief that 
hispresence on waterfront facilities, and port and harbor 
areas,including vessels and harbor craft therein, would not be inimical 
tothe security of the United States, the Commandant shall notify 
theapplicant or holder that his appeal is denied.



Sec. 125.51  Replacement of lost Coast Guard Port Security Card.

    (a) Any person whose Coast Guard Port Security Card has beenstolen, 
lost, or destroyed shall report that fact to a Coast GuardPort Security 
Unit or Captain of the Port as soon thereafter aspossible.
    (b) A person who has lost a Coast Guard Port Security Card mayapply 
for a replacement card by submitting ``An Application forReplacement of 
Lost Port Security Card'' (Form CG 2685A) to aCoast Guard Port Security 
Unit. A replacement will be issued onlyafter a full explanation of the 
loss of the Coast Guard Port SecurityCard is made in writing to the 
Coast Guard and after a full check ismade and authorization is granted 
by the Commandant.
    (c) Any person to whom a Coast Guard Port Security Card has 
beenissued as a replacement for a lost card, shall immediately 
surrenderthe original card to the nearest Coast Guard Port Security Unit 
orCaptain of the Port if the original card should be recovered.



Sec. 125.53  Requirements for credentials; certain vessels operating onnavigable waters of the United States (including the Great Lakes andWestern Rivers).

    (a) Every person desiring access to vessels, except publicvessels, 
falling within any of the categories listed below, as amaster, person in 
charge, or member of the crew thereof, shall berequired to be in 
possession of one of the identification credentialslisted in Sec. 
125.09.
    (1) Towing vessels, barges, and lighters operating in thenavigable 
waters of the continental United States other than the GreatLakes and 
Western Rivers.
    (2) Harbor craft, such as water taxis, junk boats, garbagedisposal 
boats, bum boats, supply boats, repair boats, and shipcleaning boats, 
which in the course of their normal operations serviceor contact 
vessels, foreign or domestic, public or merchant, in thenavigable waters 
of the continental United States other than the GreatLakes and Western 
Rivers.
    (b) The term ``master, person in charge, or member of thecrew'' 
shall be deemed to include any person who serves on boardin any capacity 
concerned with the operation, maintenance, oradministration of the 
vessel or its cargo.
    (c) Where the Coast Guard Port Security Card (Form CG 2514) is tobe 
used as the identification required by paragraph (a) of thissection, 
application for such card may be made immediately by thepersons 
concerned. The issuance of the Coast Guard Port Security Cardshall be in 
the form and manner prescribed by Sec. 125.11.
    (d) At the discretion of the District Commander any persondesiring 
access to vessels of the categories named in this section,who may be 
required by the provisions hereof to possess identificationcredentials, 
may be furnished a letter signed by the DistrictCommander or the Captain 
of the Port and this letter shall serve inlieu of a Coast Guard Port 
Security Card and will authorize suchaccess for a period not to exceed 
60 days, and such a letter issued

[[Page 16]]

shall be deemed to be satisfactory identification within themeaning of 
Sec. 125.09. The issuance of the letter shall besubject to the 
following conditions:
    (1) The services of the person are necessary to avoid delay in 
theoperation of the vessel;
    (2) The person does not possess one of the identificationcredentials 
listed in Sec. 125.09.
    (3) The person has filed his application for a Coast Guard 
PortSecurity Card or submits his application before the letter is 
issued;and,
    (4) The person has been screened by the District Commander orCaptain 
of the Port and such officer is satisfied concerning theeligibility of 
the applicant to receive a temporary letter.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended byCGFR 58-51, 21 FR 
9339, Nov. 30, 1956]



Sec. 125.55  Outstanding Port Security Card Applications.

    A person who has filed an application for a Coast Guard PortSecurity 
Card and who did not receive such a document prior to May 1,1956, shall 
submit a new application in accordance with therequirements of this 
part.

[CGFR 61-54, 26 FR 11862, Dec. 12, 1961]



Sec. 125.57  Applications previously denied.

    A person who has been denied a Coast Guard Port Security Cardbefore 
May 1, 1956, may file a new application for such a document inaccordance 
with the requirements of this part.



PART 126_HANDLING OF DANGEROUS CARGO ATWATERFRONT FACILITIES--Table of Contents




Sec.
126.1 What does this part apply to?
126.3 Definitions.
126.5 Incorporation by reference: Where can I get a copy ofthe 
          publications mentioned in this part?
126.11 Waiver authority based on local or unusualconditions.
126.12 How do I request the use of an alternative method ofcomplying 
          with a requirement in this part?
126.13 Designation of waterfront facilities.
126.15 What conditions must a designated waterfront facilitymeet?
126.16 Conditions for designating a ``facility ofparticular hazard.''
126.17 Permits required for handling designated dangerouscargo.
126.19 Issuance of permits for handling designated dangerouscargo.
126.21 Permitted transactions.
126.23 Termination or suspension of permits.
126.25 Penalties for handling designated dangerous cargowithout permit.
126.27 General permit for handling dangerous cargo.
126.28 Ammonium nitrate, ammonium nitrate fertilizers,fertilizer 
          mixtures, or nitro carbo nitrate; general provisions.
126.29 Supervision and control of dangerous cargo.
126.30 What are the conditions for conducting welding andhotwork?
126.31 Termination or suspension of general permit.
126.33 Penalties for handling dangerous cargo withoutpermit.
126.35 Primary responsibility.
126.37 Separability.

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.



Sec. 126.1  What does this part apply to?

    This part applies to waterfront facilities handling packaged 
andbulk-solid dangerous cargo and to vessels at those facilities.

[USCG-1998-4302, 68 FR 55440, Sept. 26, 2003]



Sec. 126.3  Definitions.

    As used in this part--
    Break-bulk means packages that are handled individually,palletized, 
or unitized for purposes of transportation, as opposed tomaterials in 
bulk and containerized freight.
    Bulk means without mark or count and directly loaded orunloaded to 
or from a hold or tank on a vessel without the use ofcontainers or 
break-bulk packaging.
    Captain of the port or COTP means the officer of theCoast Guard, 
under the command of a District Commander, is designatedby the 
Commandant for the purpose of giving immediate direction toCoast Guard 
law enforcement activities within an assigned area.
    Cargo of particular hazard means any of the following:
    (1) Division 1.1 and 1.2 explosives, as defined in 49 CFR 173.50,for 
which a permit is required under 33 CFR 126.17.
    (2) Ammonium nitrate products, division 5.1 (oxidizing) 
materialslisted in

[[Page 17]]

49 CFR 176.410, for which a permit is required under 49CFR 176.415.
    (3) Division 4.3 dangerous when wet products as defined in 49 
CFR173.124, in excess of 60 mt.
    (4) Division 2.3 and 6.1 poison inhalation hazard products asdefined 
in 49 CFR 173.115 and 173.132, respectively.
    (5) Class 7 highway route controlled quantity radioactive materialor 
fissile material, controlled shipment, as defined in 49 CER173.403.
    Commandant means the Commandant of the United States CoastGuard.
    Container means a reusable container that has a volume of1.81 cubic 
meters (64 cubic feet) or more, is designed and constructedto permit 
being lifted with its contents intact, and is intendedprimarily for 
containment of packages (in unit form) duringtransportation.
    Dangerous cargo means all hazardous materials listed in 49CFR parts 
170 through 179, except those materials preceded by an``A'' in the 
Hazardous Materials Table in 49 CFR 172.101,and all cargo listed in 46 
CFR part 148.
    Designated dangerous cargo means Division 1.1 and 1.2explosives as 
defined in 49 CFR 173.50.
    Designated waterfront facility means a waterfront facilitydesignated 
under Sec. 126.13 for the handling, storing,loading, and discharging of 
any hazardous material(s) subject to theDangerous Cargoes Regulations 
(49 CFR parts 170 through 179), exceptfor those materials preceded by an 
``A'' in the HazardousMaterials Table in 49 CFR 172.101 and for those 
materials carried asbulk liquids.
    Facility of particular hazard means a designated waterfrontfacility 
that is authorized to handle a cargo of particular hazard.
    Facility operator means the person or company who owns,operates, or 
is responsible for the operation of a waterfrontfacility.
    Net tons means net weight in tons.
    Net weight, in reference to material in a package, tank, 
orcontainer, means the weight of the contents of a package, tank, 
orcontainer and does not include the weight of any packaging material 
orcontaining devices.
    Transport unit means a transport vehicle or a container.
    Waterfront facility means all piers, wharves, and similarstructures 
to which a vessel may be secured; areas of land, water, orland and water 
under and in the immediate proximity to thesestructures; buildings on or 
contiguous to these structures; and theequipment and materials on or in 
these structures or buildings. Theterm does not include facilities 
directly operated by the Departmentof Defense.

[USCG-1998-4302, 68 FR 55440, Sept. 26, 2003, asamended by USCG-2008-
0179, 73 FR 35013, June 19, 2008]



Sec. 126.5  Incorporation by reference: Where can I get a copy of thepublications mentioned in this part?

    (a) Certain material is incorporated by reference into this partwith 
the approval of the Director of the Federal Register under 5U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other thanthat 
specified in paragraph (b) of this section, we must publish anotice of 
change in the Federal Register and the material mustbe available to the 
public. All approved material is available forinspection at the U.S. 
Coast Guard, Vessel and Facility OperatingStandards Division (G-MSO-2), 
room 1210, 2100 Second Street SW.,Washington, DC 20593-0001, and 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 approved material is available from 
thesources indicated in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in 
thispart, and the sections affected, are as follows:

American Society for Testing and Materials (ASTM), 100
 BarrHarbor Drive, PO Box C700 West CONSHOHOCKEN, PA 19428-
 2959:
  ASTM F-1121, Standard Specification for International           126.15
   ShoreConnections for Marine Fire Applications, 1987 Edition.
 
National Fire Protection Association (NFPA), OneBatterymarch
 Park, P.O. Box 9101, Quincy, MA 02269-9101:
  NFPA 10, Standard for Portable Fire Extinguishers,              126.15
   1998Edition.................................................

[[Page 18]]

 
  NFPA 13, Standard for the Installation of Sprinkler             126.15
   Systems,1996 Edition........................................
  NFPA 14, Standard for the Installation of Standpipe and         126.15
   HoseSystems, 1996 Edition...................................
  NFPA 30, Flammable and Combustible Liquids Code, 1996........   126.15
  NFPA 51B, Standard for Fire Prevention in Use of Cutting        126.30
   andWelding Processes, 1994 Edition..........................
  NFPA 70, National Electrical Code, 1996......................   126.15
  NFPA 307, Standard for the Construction and Fire Protection     126.15
   ofMarine Terminals, Piers, and Wharves, 1995 Edition........
 


[USCG-1998-4302, 68 FR 55441, Sept. 26, 2003, asamended at 69 FR 18803, 
Apr. 9, 2004]



Sec. 126.11  Waiver authority based on local or unusual conditions.

    Whenever the Commandant, the District Commander, or the Captain 
ofthe Port finds that the application of any provisions contained 
inSec. Sec. 126.15 and 126.16 is not necessary to the safetyor security 
of the port and vessels and waterfront facilities therein,or that its 
application is not practical because of local conditionsor because the 
materials or personnel required for compliance are notavailable, or 
because the requirements of the national defense justifya departure from 
such provision, the Commandant, the DistrictCommander, or the Captain of 
the Port may waive compliance with suchprovision, to the extent and 
under such requirements as theydetermine.

[CGD 78-023, 44 FR 4643, Jan. 22, 1979]



Sec. 126.12  How do I request the use of an alternative method of complyingwith a requirement in this part?

    (a) An owner or operator of a waterfront facility may request 
thatthe COTP allow the use of an alternative method of complying with 
arequirement in this part.
    (b) The request must establish, to the COTP's satisfaction--
    (1) That compliance with the requirement is economically 
orphysically impractical; and
    (2) That the alternative requested provides an equivalent orgreater 
level of safety.
    (c) The COTP examines the request and provides an answer, inwriting, 
within 30 days of receipt of the request.

[USCG-1998-4302, 68 FR 55441, Sept. 26, 2003]



Sec. 126.13  Designation of waterfront facilities.

    (a) Waterfront facilities which fulfill the conditions required 
inSec. 126.15, unless waived under provisions ofSec. 126.11, and only 
such waterfront facilities aredesignated for the handling, storing, 
stowing, loading, discharging,or transporting of dangerous cargo, 
subject to compliance with otherapplicable requirements and provisions 
set forth in this part.
    (b) Handling, storing, stowing, loading, discharging, ortransporting 
dangerous cargo at any waterfront facility other than onedesignated by 
this section is hereby prohibited, and violation of thisprohibition will 
subject the violator to the civil or criminalpenalties provided in 
section 13 of the Ports and Waterways Safety Act(33 U.S.C. 1232).

[CGFR 57-52, 22 FR 10302, Dec. 20, 1957, as amended byCGD 78-023, 44 FR 
4643, Jan. 22, 1979]



Sec. 126.15  What conditions must a designated waterfront facility meet?

    (a) All designated waterfront facilities must meet the following:
    (1) Fire extinguishing equipment. Fire extinguishingequipment, such 
as automatic sprinklers, hydrants, hose connections,and firefighting 
water supplies must be available and maintained inadequate quantities 
and locations. Fire extinguishing equipment mustmeet State and local 
laws. In the absence of applicable State andlocal laws, fire 
extinguishing equipment must meet NFPA 10, 13, 14,and 307. (Incorporated 
by reference, see Sec. 126.5.)
    (2) Fire appliances. The location of all fire appliances,such as 
hydrants, standpipes, hose stations, fire extinguishers, andfire alarm 
boxes must be conspicuously marked and readily accessibleaccording to 
NFPA 10, 13, 14, and 307.
    (3) Warning signs. Warning signs must be constructed andinstalled 
according to NFPA 307, chapter 7-8.7.
    (4) Lighting. If the facility transfers dangerous cargobetween 
sunset and sunrise, it must have outdoor lighting

[[Page 19]]

thatadequately illuminates the transfer work area. The lighting must 
beinstalled and maintained according to NFPA 70 (Incorporated 
byreference, see Sec. 126.5.) and must be located or shieldedso that it 
cannot be mistaken for an aid to navigation and does notinterfere with 
navigation on waterways.
    (5) International shore connection. If the facility conductscargo 
operations involving foreign-flag vessels, the facility musthave an 
international shore connection meeting ASTM F-1121.(Incorporated by 
reference, see Sec. 126.5.)
    (6) Access to the facility. Whenever dangerous cargo istransferred 
or stored on the facility, access to the facility must belimited to--
    (i) Personnel working on the facility or vessel;
    (ii) Delivery and service personnel authorized to conduct 
theirbusiness;
    (iii) Coast Guard and other Federal, State, and local officials;
    (iv) Local emergency personnel, such as police officers andfiremen; 
and
    (v) Other persons authorized by the owner or operator of 
thefacility.
    (7) Security measures. Guards must be stationed, orequivalent 
controls acceptable to the COTP must be used, to deter anddetect 
unlawful entrance; to detect and report fire hazards, fires,and releases 
of dangerous cargoes and hazardous materials; to checkthe readiness of 
protective equipment; and to report other emergencysituations at the 
facility.
    (8) Coast Guard personnel. At any time, Coast Guardpersonnel must be 
allowed to enter the facility to conduct inspectionsor board vessels 
moored at the facility.
    (9) Material handling equipment, trucks, and other motorvehicles. 
When dangerous cargo is being transferred or stored onthe facility, 
material handling equipment, trucks, and other motorvehicles operated by 
internal combustion engines must meet therequirements of NFPA 307, 
chapter 9.
    (10) Smoking. Smoking is allowed on the facility wherepermitted 
under State or local law. Signs must be posted markingauthorized smoking 
areas. ``No Smoking'' signs must beconspicuously posted elsewhere on the 
facility.
    (11) Rubbish and waste material. All rubbish, debris, andwaste 
materials must be placed in adequate receptacles.
    (12) Adequacy of equipment, materials, and standards. TheCOTP may 
determine that any equipment, material, or standard is notreasonably 
adequate under the circumstances. If so, the COTP informsthe owner or 
operator in writing and provides an opportunity for theowner or operator 
to have the deficiency corrected.
    (b) All designated waterfront facilities that handle dangerouscargo, 
not in transport units, must also meet the following:
    (1) Arrangement of cargo, freight, merchandise, or material.Cargo, 
freight, merchandise, and other items or material on thefacility must be 
arranged to provide access for firefighting andclearance for fire 
prevention according to NFPA 307, chapter8-5.
    (2) Portable fire extinguishers. Each facility must have 
andmaintain, in adequate quantities and locations, portable 
fireextinguishers that meet the requirements of NFPA 10. 
Theseextinguishers must be inspected and maintained in accordance with 
NFPA10.
    (3) Electrical systems. All new electrical equipment andwiring 
installed on the facility must be of the same type andinstalled as 
specified under NFPA 70. All defective or dangerouselectrical equipment 
and wiring must be promptly repaired, replaced,or permanently 
disconnected.
    (4) Heating equipment and other sources of ignition. Openfires and 
open-flame lamps are prohibited on the facility. Heatingequipment must 
meet NFPA 307, chapter 9-4.
    (5) Maintenance stores and supplies. Hazardous material(s)used in 
the operation or maintenance of the facility may be storedonly in 
amounts necessary for normal operating conditions. Thesematerials must 
be stored in compartments that are remote fromcombustible material; 
constructed to provide safe storage; and keptclean and free of scrap 
materials, empty containers, soiled wipingrags, waste, and other debris. 
Flammable liquids must be storedaccording to NFPA 30, chapter 4. 
(Incorporated by reference, seeSec. 126.5.)

[[Page 20]]

    (c) All designated waterfront facilities that handle dangerouscargo 
in transport units must also meet the following:
    (1) Terminal yards. Terminal yards must conform to thestandards in 
NFPA 307, chapter 5.
    (2) Containers. Containers packed with dangerous cargo thatare 
vertically stacked must be stacked no more than four high.

[USCG-1998-4302, 68 FR 55441, Sept. 26, 2003]



Sec. 126.16  Conditions for designating a ``facility of particularhazard.''

    (a) Basic requirements. The facility shall comply with allthe 
conditions in Sec. 126.15 except where specificallywaived by Sec. 
126.11.
    (b) Warning alarms. Warning alarms shall be installed at 
thewaterside of such a facility to warn approaching or transiting 
watertraffic of immediate danger in the event of fire or cargo 
release.Warning alarms shall be of the siren type, or the emergency 
rotatingflashing light type, and be of sufficient intensity to be heard, 
orseen, a distance of 1 mile during normal facility working 
conditions.The alarm signal shall not conflict with local municipal 
prescription.

[CGFR 67-93, 32 FR 20774, Dec. 23, 1967]



Sec. 126.17  Permits required for handling designated dangerous cargo.

    Designated dangerous cargo may be handled, loaded, discharged, 
ortransported at any designated waterfront facility only if a 
permittherefor has been issued by the Captain of the Port. This 
permitrequirement may be waived, at the discretion of the Captain of 
thePort, when such cargoes are contained within railroad cars or 
highwayvehicles which are moved on or across a waterfront facility 
usedprimarily for the transfer of railroad cars or highway vehicles to 
orfrom a railroad or highway vehicle ferry or carfloat; provided 
suchdesignated cargoes are not removed from, or placed in, the 
railroadcar or highway vehicle while it is in or on such waterfront 
facility.

[CGFR 58-43, 23 FR 8542, Nov. 1, 1958]



Sec. 126.19  Issuance of permits for handling designated dangerous cargo.

    Upon the application of the owners or operators of a 
designatedwaterfront facility or of their authorized representatives, 
theCaptain of the Port is authorized to issue a permit for 
eachtransaction of handling, loading, discharging, or 
transportingdesignated dangerous cargo at such waterfront facility 
provided thefollowing requirements are met:
    (a) The facility shall comply in all respect with the regulationsin 
this subchapter.
    (b) The quantity of designated dangerous cargo, except Class 
1(explosive) materials shipped by or for the Armed Forces of the 
UnitedStates, on the waterfront facility and vessels moored thereto 
shallnot exceed the limits as to maximum quantity, isolation and 
remotenessestablished by local, municipal, territorial, or State 
authorities.Each permit issued under these conditions shall specify that 
thelimits so established shall not be exceeded.
    (c) The quantity of designated dangerous cargo consisting of Class1 
(explosive) materials shipped by or for the Armed Forces of theUnited 
States on the waterfront facility and vessels moored theretoshall not 
exceed the limits as to maximum quantity, isolation andremoteness as 
established by the Captain of the Port. Each permitissued under these 
conditions shall specify that the limits soestablished shall not be 
exceeded.

[CGFR 53-27, 18 FR 5348, Sept. 3, 1953, as amended byCGD 92-050, 59 FR 
39965, Aug. 5, 1994]



Sec. 126.21  Permitted transactions.

    All permits issued pursuant to Sec. 126.19 are herebyconditioned 
upon the observance and fulfillment of the following:
    (a) The conditions set forth in Sec. 126.15 shall at alltimes be 
strictly observed.
    (b) No amount of designated dangerous cargo, except Class 
1(explosive) materials shipped by or for the Armed Forces of the 
UnitedStates, in excess of the maximum quantity established by 
local,municipal, territorial, or State authorities shall be present on 
thewaterfront facility and vessels moored thereto.

[[Page 21]]

    (c) Designated dangerous cargo shall not be brought onto 
thewaterfront facility from shore except when laden within a railroad 
caror highway vehicle and shall remain in such railroad car or 
highwayvehicle except when removed as an incident of its 
prompttransshipment. Designated dangerous cargo shall not be brought 
ontothe waterfront facility from a vessel except as an incident of 
itsprompt transshipment by railroad car or highway vehicle.
    (d) No other dangerous cargo shall be on the waterfront 
facilityduring the period of transactions involving designated 
dangerouscargo, unless its presence is authorized by the Captain of the 
Port.This shall not apply to maintenance stores and supplies on 
thewaterfront facility in conformity with Sec. 126.15(g).

[CGFR 53-27, 18 FR 5348, Sept. 3, 1953, as amended byCGD 92-050, 59 FR 
39965, Aug. 5, 1994]



Sec. 126.23  Termination or suspension of permits.

    Any permit issued pursuant to Sec. 126.19 shallterminate 
automatically at the conclusion of the transaction for whichthe permit 
has been issued and may be terminated, or suspended, priorthereto by the 
Captain of the Port whenever he deems that the securityor safety of the 
port or vessels or waterfront facilities therein sorequires. 
Confirmation of such termination or suspension by theCaptain of the Port 
shall be given to the permittee in writing.

[CGFR 51-37, 16 FR 8679, Aug. 28, 1951]



Sec. 126.25  Penalties for handling designated dangerous cargo without permit.

    Handling, loading, discharging, or transporting any 
designateddangerous cargo without a permit, as provided underSec. 
126.17, being in force, will subject personsresponsible therefore to the 
civil or criminal penalties provided inSection 13 of the Ports and 
Waterways Safety Act, as amended (33U.S.C. 1232).

[CGD 78-023, 44 FR 4643, Jan. 22, 1979]



Sec. 126.27  General permit for handling dangerous cargo.

    A general permit is hereby issued for the handling, storing,stowing, 
loading, discharging or transporting of dangerous cargo(other than 
designated dangerous cargo) in bulk, portable tanks,containers, or 
packagings, at designated waterfront facilities,conditioned upon the 
observance and fulfillment of the following:
    (a) The conditions set forth in Sec. 126.15 shall at alltimes be 
strictly observed.
    (b) You must notify the COTP before you handle, store, stow, 
load,discharge, or transport, in the net weight amounts specified, 
thefollowing dangerous cargo, except when contained within 
transportunits or railroad or highway vehicles being transported across 
or onthe waterfront facility solely for transfer to or from a railroad-
carferry, highway-vehicle ferry, or carfloat:
    (1) Class 1, Division 1.3 and Division 1.5 (Explosive) 
materials,with a net explosive quantity in excess of 36,400 kg (40 net 
tons) atany one time.
    (2) Class 2, Division 2.1 (Flammable Gas) materials in 
bulkpackaging; or Division 2.3 (Poison Gas) materials in excess of 
72,800kg (80 net tons) at any one time.
    (3) A Class 7 (Radioactive) material in a highway route 
controlledquantity, as defined in 49 CFR 173.403.
    (4) Flammable solids or oxidizers, in excess of 100 net tons atany 
one time.
    (5) Flammable gases, in excess of 10 net tons at any one time.
    (6) Poisons (Class A).
    (7) A bulk shipment of a cargo of particular hazard.
    (c) No Class 1 (explosive) materials (as defined in 49 CFR 173.50)or 
other dangerous cargoes prohibited from, or not permitted 
for,transportation by 46 CFR part 148 or 49 CFR parts 171 through 179 
maybe present on the waterfront facility.
    (d) Break-bulk dangerous cargo must be segregated according to 49CFR 
176.83(a) through (c). No separation is required for break-bulkdangerous 
cargo in limited-quantity packaging.
    (e) Transport units and portable tanks containing dangerous 
cargomust be segregated according to 49 CFR 176.83(a), (b), and (f). 
Therequirements

[[Page 22]]

for vertical segregation and for on-deck, horizontalsegregation in 49 
CFR 176.83(f) apply. No separation is required fortransport units 
containing dangerous cargo only in limited quantitypackaging.
    (f) Break-bulk dangerous cargo must be segregated from 
transportunits containing dangerous cargo according to 49 CFR 176.83(e).
    (g) Solid dangerous bulk cargo must be separated to prevent 
theinteraction of incompatible materials in the event of an 
accident.Cargo not required to be segregated, when in break-bulk form, 
is notrequired to be segregated, when in bulk form. Dangerous cargo 
inbreak-bulk form must be segregated from solid dangerous cargo in 
bulkaccording to 49 CFR 176.83.
    (h) Materials that are dangerous when wet (Division 4.3), water-
soluble oxidizers (Division 5.1), and corrosive solids (Class 8) mustbe 
stored in a manner that prevents them from coming into contact 
withwater.
    (i) Corrosive liquids (Class 8) and liquid oxidizers (Division5.1) 
must be handled and stored so that, in the event of a leak fromtheir 
packaging, they would not come in contact with organicmaterials.
    (j) Dangerous cargo stored on the facility must be arranged in 
amanner that retards the spread of fire, such as by 
interspersingdangerous cargo with inert or fire retardant material.
    (k) Dangerous cargo stored on the facility, but not intended foruse 
on the facility, must be packaged, marked, and labeled accordingto 49 
CFR parts 171 through 180, as if the cargo was intransportation.
    (l) Class 7 (Radioactive) material must be stored as specified in49 
CFR 173.447.

[CGD 78-023, 44 FR 4643, Jan. 22, 1979, as amended byCGD 75-238, 44 FR 
63676, Nov. 5, 1979; CGD 75-238, 45 FR57394, Aug. 28, 1980; CGD 92-050, 
59 FR 39965, Aug. 5, 1994;USCG-1998-4302, 68 FR 55442, Sept. 26, 2003]



Sec. 126.28  Ammonium nitrate, ammonium nitrate fertilizers, fertilizermixtures, or nitro carbo nitrate; general provisions.

    (a) When any item of ammonium nitrate, ammonium nitratefertilizers, 
fertilizer mixtures, or nitro carbo nitrate, describedand defined as an 
oxidizer by the regulations of 49 CFR part 173 ishandled, stored, 
stowed, loaded, discharged or transported on awaterfront facility, the 
following provisions shall apply:
    (1) All outside containers shall be marked with the propershipping 
name of the nitrate packed within the container.
    (2) The building on a waterfront facility used for storage of anyof 
these materials shall be of such construction as to afford 
goodventilation.
    (3) Storage of any of these materials shall be at a safe 
distancefrom electric wiring, steam pipes, radiators or any heating 
mechanism.
    (4) These materials shall be separated by a fire resistant wall orby 
a distance of at least 30 feet from organic materials or otherchemicals 
and substances which could cause contamination such asflammable liquids, 
combustible liquids, corrosive liquids, chlorates,permanganates, finely 
divided metals, caustic soda, charcoal, sulfur,cotton, coal, fats, fish 
oils or vegetable oils.
    (5) Storage of any of these materials shall be in a clean areaupon 
clean wood dunnage, or on pallets over a clean floor. In the caseof a 
concrete floor, storage may be made directly on the floor if itis first 
covered with a moisture barrier such as a polyethylene sheetor asphaltic 
laminated paper.
    (6) Any spilled material shall be promptly and thoroughly cleanedup 
and removed from the waterfront facility. If any spilled materialhas 
remained in contact with a wooden floor for any length of time thefloor 
shall be scrubbed with water and all spilled material shall bethoroughly 
dissolved and flushed away.
    (7) An abundance of water for firefighting shall be 
readilyavailable.
    (8) Open drains, traps, pits or pockets which could be filled 
withmolten ammonium nitrate if a fire occurred (and thus become 
potentialdetonators for the storage piles) must be eliminated or 
plugged.
    Note: See 49 CFR 176.415 for permit requirements for nitrocarbo 
nitrate and certain ammonium nitrates.

[CGD 78-023, 44 FR 4644, Jan. 22, 1979]

[[Page 23]]



Sec. 126.29  Supervision and control of dangerous cargo.

    (a) Authority. The Captain of the Port is authorized torequire that 
any transaction of handling, storing, stowing, loading,discharging, or 
transporting the dangerous cargo covered by thissubchapter shall be 
undertaken and continued only under the immediatesupervision and control 
of the Captain of the Port or his dulyauthorized representative. In case 
the Captain of the Port exercisessuch authority, all directions, 
instructions, and orders of theCaptain of the Port or his 
representative, not inconsistent with thispart, with respect to such 
handling, storing, stowing, loading,discharging, and transporting; with 
respect to the operation of thewaterfront facility; with respect to 
vessels handling, stowing,loading, or discharging of dangerous cargo at 
anchorages when theoperations are under the immediate control and 
supervision of theCaptain of the Port or his duly authorized 
representative; withrespect to the ingress and egress of persons, 
articles, and things andto their presence on the waterfront facilty or 
vessel; and withrespect to vessels approaching, moored at, and departing 
from thewaterfront facility, shall be promptly obeyed.
    (b) Reporting discharge of dangerous liquid commodities intothe 
waters of the United States. To enhance the safety of the portand to 
protect vessels, their cargo, and waterfront facilitiestherein, the 
discharge into the navigable waters of the United Statesof petroleum 
products, petroleum byproducts or other dangerous liquidcommodities 
which may create a hazard or toxic condition in the portarea will be 
immediately reported to the Captain of the Port orDistrict Commander by 
the owner or master of the vessel from which thedischarge occurred, or 
the owner or operator of a waterfront facilityfrom which the discharge 
occurred.

[CGFR 69-89, 34 FR 17478, Oct. 29, 1969]



Sec. 126.30  What are the conditions for conducting welding and hotwork?

    (a) The facility operator must ensure that all welding or 
hotworkconducted at the facility meets the requirements of this section. 
Eachoperator of a vessel moored to the facility must ensure that 
allwelding or hotwork conducted on the vessel meets the requirements 
ofthis section.
    (b) The COTP may require an operator of a facility or of a 
vesselmoored at the facility to notify the COTP before conducting 
welding orhotwork. Regardless of whether or not the COTP required 
notice, thefacility operator must notify the COTP before conducting 
welding orhotwork on a vessel when containerized dangerous cargo is 
locatedwithin the distances listed in paragraph (f) of this section.
    (c) Before conducting welding or hotwork, flammable vapors,liquids, 
or solids must be completely removed from any container,pipe, or 
transfer line being worked on.
    (d) Before conducting welding or hotwork on tanks, tanks used 
forstorage of flammable or combustible substances must be tested 
andcertified gas free.
    (e) All welding and hotwork must be conducted according to NFPA51B. 
(Incorporated by reference, see Sec. 126.5.)
    (f) Welding or hotwork is prohibited during gas freeing 
operationswithin 30.5 meters (100 feet) of bulk cargo operations 
involvingflammable or combustible materials, within 30.5 meters (100 
feet) offueling operations, within 30.5 meters (100 feet) of explosives, 
orwithin 15.25 meters (50 feet) of other hazardous materials.
    (g) If the welding or hotwork is on the boundary of a 
compartment(i.e., bulkhead, wall, or deck), a fire watch, in addition 
tothat called for in NFPA 51B, must be stationed in the 
adjoiningcompartment.
    (h) Personnel on fire watch must have no other duties except towatch 
for the presence of fire and to prevent the development ofhazardous 
conditions.
    (i) All safety precautions in relation to purging, inerting, 
orventing for all hotwork on containers must be followed.
    (j) All local laws and ordinances must be followed.
    (k) If a fire or other hazard occurs, all cutting, welding, orother 
hotwork equipment must be shut down.

[USCG-1998-4302, 68 FR 55442, Sept. 26, 2003]

[[Page 24]]



Sec. 126.31  Termination or suspension of general permit.

    The Captain of the Port is hereby authorized to terminate or 
tosuspend the general permit granted by Sec. 126.27 in respectto any 
particular designated waterfront facility whenever he deemsthat the 
security or safety of the port or vessels or waterfrontfacilities 
therein so requires. Confirmation of such termination orsuspension shall 
be given to the permittee in writing. After suchtermination, the general 
permit may be revived by the DistrictCommander with respect to such 
particular waterfront facility upon afinding by him that the cause of 
termination no longer exists and isunlikely to recur. After such 
suspension, the general permit shall berevived by the Captain of the 
Port with respect to such particularwaterfront facility when the cause 
of suspension no longer exists, andhe shall so advise the permittee in 
writing.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951, as amended byCGFR 69-89, 34 FR 
17479, Oct. 29, 1969]



Sec. 126.33  Penalties for handling dangerous cargo without permit.

    Handling, storing, stowing, loading, discharging, or transportingany 
dangerous cargo covered by Sec. 126.27 undercircumstances not covered 
by the general permit granted inSec. 126.27 or when such general permit 
is not in force willsubject persons responsible therefor to the civil or 
criminalpenalties provided in Section 13 of the Ports and Waterways 
SafetyAct, as amended (33 U.S.C. sec. 1232).

[CGD 78-023, 44 FR 4644, Jan. 22, 1979]



Sec. 126.35  Primary responsibility.

    Nothing contained in the rules, regulations, conditions, 
anddesignations in this part shall be construed as relieving the 
masters,owners, operators, and agents of vessels, docks, piers, wharves, 
orother waterfront facilities from their primary responsibility for 
thesecurity of such vessels, docks, piers, wharves, or 
waterfrontfacilities.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951]



Sec. 126.37  Separability.

    If any provision of the rules, regulations, conditions, 
ordesignations contained in this part or the application of 
suchprovision to any person, waterfront facility, or circumstances 
shallbe held invalid, the validity of the remainder of the 
rules,regulations, conditions, or designations contained in this part 
andapplicability of such provision to other persons, 
waterfrontfacilities, or circumstances, shall not be affected thereby.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951]



PART 127_WATERFRONT FACILITIES HANDLINGLIQUEFIED NATURAL GAS AND LIQUEFIED HAZARDOUS GAS--Table of Contents




                            Subpart A_General

Sec.
127.001 Applicability.
127.003 Incorporation by reference.
127.005 Definitions.
127.007 Letter of intent.
127.009 Letter of recommendation.
127.011 Inspections of waterfront facilities.
127.013 Suspension of transfer operations.
127.015 Appeals.
127.017 Alternatives.
127.019 Operations Manual and Emergency Manual: Proceduresfor 
          examination.

      Subpart B_Waterfront Facilities Handling Liquefied NaturalGas

127.101 Design and construction: General.
127.103 Piers and wharves.
127.105 Layout and spacing of marine transfer area for LNG.
127.107 Electrical power systems.
127.109 Lighting systems.
127.111 Communications systems.
127.113 Warning signs.

                                Equipment

127.201 Sensing and alarm systems.
127.203 Portable gas detectors.
127.205 Emergency shutdown.
127.207 Warning alarms.

                               Operations

127.301 Persons in charge of shoreside transfer 
          operations:Qualifications and certification.
127.303 Compliance with suspension order.
127.305 Operations Manual.
127.307 Emergency Manual.
127.309 Operations Manual and Emergency Manual: Use.

[[Page 25]]

127.311 Motor vehicles.
127.313 Bulk storage.
127.315 Preliminary transfer inspection.
127.317 Declaration of inspection.
127.319 LNG transfer.
127.321 Release of LNG.

                               Maintenance

127.401 Maintenance: General.
127.403 Inspections.
127.405 Repairs.
127.407 Testing.
127.409 Records.

                           Personnel Training

127.501 Applicability.
127.503 Training: General.

                              Firefighting

127.601 Fire equipment: General.
127.603 Portable fire extinguishers.
127.605 Emergency outfits.
127.607 Fire main systems.
127.609 Dry chemical systems.
127.611 International shore connection.
127.613 Smoking.
127.615 Fires.
127.617 Hotwork.

                                Security

127.701 Security on existing facilities.
127.703 Access to the marine transfer area for LNG.
127.705 Security systems.
127.707 Security personnel.
127.709 Protective enclosures.
127.711 Communications.

     Subpart C_Waterfront Facilities Handling LiquefiedHazardous Gas

                         Design and Construction

127.1101 Piping systems.
127.1102 Transfer hoses and loading arms.
127.1103 Piers and wharves.
127.1105 Layout and spacing of marine transfer area for LHG.
127.1107 Electrical systems.
127.1109 Lighting systems.
127.1111 Communication systems.
127.1113 Warning signs.

                                Equipment

127.1203 Gas detection.
127.1205 Emergency shutdown.
127.1207 Warning alarms.
127.1209 Respiratory protection.

                               Operations

127.1301 Persons in charge of transfers for the facility:Qualifications 
          and certification.
127.1302 Training.
127.1303 Compliance with suspension order.
127.1305 Operations Manual.
127.1307 Emergency Manual.
127.1309 Operations Manual and Emergency Manual: Use.
127.1311 Motor vehicles.
127.1313 Storage of hazardous materials.
127.1315 Preliminary transfer inspection.
127.1317 Declaration of Inspection.
127.1319 Transfer of LHG.
127.1321 Release of LHG.
127.1325 Access to marine transfer area for LHG.

                               Maintenance

127.1401 General.
127.1403 Inspections.
127.1405 Repairs.
127.1407 Tests.
127.1409 Records.

                         Firefighting Equipment

127.1501 General.
127.1503 Portable fire extinguishers.
127.1505 Emergency response and rescue.
127.1507 Water systems for fire protection.
127.1509 Equipment for controlling and extinguishing fires.
127.1511 International shore connection.

                             Fire Protection

127.1601 Smoking.
127.1603 Hotwork.
127.1605 Other sources of ignition.

    Authority: 33 U.S.C. 1231; Department of HomelandSecurity Delegation 
No. 0170.1.

    Source: CGD 78-038, 53 FR 3376, Feb. 7, 1988,unless otherwise noted.



                            Subpart A_General



Sec. 127.001  Applicability.

    (a) Subparts A and B of this part apply to the marine transferarea 
for LNG of each new waterfront facility handling LNG and to 
newconstruction in the marine transfer area for LNG of each 
existingwaterfront facility handling LNG.
    (b) Subpart A of this part and Sec. Sec. 127.301through 127.617 
apply to the marine transfer area for LNG of eachactive existing 
waterfront facility handling LNG.
    (c) Sections 127.007 (c), (d), and (e); 127.019(b); and 127.701 
ofsubparts A and B of this part apply to the marine transfer area forLNG 
of each inactive existing facility.
    (d) Subparts A and C of this part apply to the marine transferarea 
for LHG of each active waterfront facility handling LHG.

[[Page 26]]

    (e) Sections 127.007 (c), (d), and (e); 127.019(b); and127.1325(c) 
of subparts A

and C of this part apply to the marine transfer area for LHGof each 
inactive facility.

[CGD 88-049, 60 FR 39794, Aug. 3, 1995]



Sec. 127.003  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 make the material available 
to the public. Allapproved material is available for inspection at the 
U.S. Coast Guard,(G-MOC), Room 1108, 2100 Second Street SW., Washington, 
DC20593-0001, and at the National Archives and 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. All approved 
material is available from thesources indicated in paragraph (b) of this 
section.
    (b) The material approved for incorporation by reference in 
thispart, and the sections affected, are:

            The American National Standards Institute (ANSI)
1430 Broadway, New York, NY 10018:
    ANSI B16.5, Pipe Flanges and Flanged Fittings 1988,         127.1102
     including 1992Addenda and Errata...................
    ANSI S12.13, Part I, Performance Requirements,              127.1203
     Combustible GasDetectors, 1986.....................
                   American Petroleum Institute (API)
1220 L Street NW., Washington, DC 20005:
    API RP 2003, Protection Against Ignitions Arising           127.1101
     Out of Static,Lightning and Stray Currents, 1991...
             American Society of Mechanical Engineers (ASME)
Three Park Avenue, New York, NY 10016-5990:
    ASME B31.3, Chemical Plant and Petroleum Refinery           127.1101
     Piping,1993........................................
            American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
    ASTM F 1121-87 (1993), Standard Specification         127.611;127.15
     forInternational Shore Connections for Marine Fire               11
     Applications.......................................
               National Fire Protection Association (NFPA)
1 Batterymarch Park, Quincy, MA 02269:
    NFPA 10, Portland Fire Extinguishers, 1994..........        127.603;
                                                                127.1503
    NFPA 30, Flammable and Combustible Liquids Code,            127.313;
     1993...............................................        127.1313
    NFPA 51B, Fire Prevention in Use of Cutting and             127.405;
     Welding Processes,1994.............................        127.1405
    NFPA 59A, Production, Storage, and Handling of              127.101;
     Liquefied NaturalGas (LNG), 1994...................        127.201;
                                                                127.405;
                                                                 127.603
    NFPA 70, National Electrical Code, 1993.............        127.107;
                                                                127.201;
                                                                127.1107
    NFPA 251, Fire Tests of Building Construction and            127.005
     Materials,1990.....................................
 


[CGD 88-049, 60 FR 39794, Aug. 3, 1995; 60 FR 49509,Sept. 26, 1995, as 
amended by CGD 96-026, 61 FR 33665, June 28,1996; 61 FR 36629, July 12, 
1996; USCG-1999-5832, 64 FR34714, June 29, 1999; USCG-1999-5151, 64 FR 
67175, Dec.1, 1999; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69FR 
34926, June 23, 2004]



Sec. 127.005  Definitions.

    As used in this part:
    Active means accomplishing the transfer of LHG or LNG, orscheduling

[[Page 27]]

one to occur, within 12 months of the current date.
    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.
    Control room means a space within the LNG waterfrontfacility from 
which facility operations are controlled.
    District Commander means the Coast Guard officer designatedby the 
Commandant to command a Coast Guard District as described inPart 3 of 
this chapter, or an authorized representative.
    Environmentally sensitive areas include public parks andrecreation 
areas, wildlife and waterfowl refuges, fishing grounds,wetlands, other 
areas deemed to be of high value to fish and wildliferesources, historic 
sites, and other protected areas.
    Existing as applied to a waterfront facility means afacility 
handling LNG constructed or being constructed under acontract awarded 
before June 2, 1988, or a facility handling LHGconstructed or being 
constructed under a contract awarded beforeJanuary 30, 1996.
    Facility means either a waterfront facility handling LHG ora 
waterfront facility handling LNG.
    Fire endurance rating means the duration for which anassembly or 
structural unit will contain a fire or retain structuralintegrity when 
exposed to the temperatures specified in the standardtime-temperature 
curve in NFPA 251.
    Flammable product means a product indicated by the letter``F'' or by 
the letters``F + T'' in Table 127.005.
    Inactive means not active.
    Impounding space means a space formed by dikes and floorsthat 
confines a spill of LHG or LNG.
    LHG means liquefied hazardous gas.
    LHG vessel means a vessel constructed or converted to carryLHG, in 
bulk.
    Liquefied hazardous gas (LHG) means a liquid containing oneor more 
of the products listed in Table 127.005.
    Liquefied natural gas (LNG) means a liquid or semisolidconsisting 
mostly of methane and small quantities of ethane, propane,nitrogen, or 
other natural gases.
    Liquefied petroleum gas (LPG) means a liquid consistingmostly of 
propane or butane or both.
    LNG means liquefied natural gas.
    LNG vessel means a vessel constructed or converted to carryLNG, in 
bulk.
    Loading flange means the connection or group of connectionsin the 
cargo transfer pipeline on the facility that connects thefacility 
pipeline to the vessel pipeline.
    Marine transfer area for LHG means that part of a waterfrontfacility 
handling LHG between the vessel, or where the vessel moors,and the first 
shutoff valve on the pipeline immediately inland of theterminal manifold 
or loading arm, including the entire part of a pieror wharf used to 
serve LHG vessels.
    Marine transfer area for LNG means that part of a waterfrontfacility 
handling LNG between the vessel, or where the vessel moors,and the last 
manifold or valve immediately before the receiving tanks.
    Mating flange means that flange in the product-transferpipeline on a 
waterfront facility handling LHG or a waterfrontfacility handling LNG 
that connects this pipeline to the pipeline ortransfer hose of the 
vessel.
    MAWP means maximum allowable working pressure.
    Maximum allowable working pressure (MAWP) means the maximumgauge 
pressure permissible at the top of equipment, containers, orpressure 
vessels while operating at design temperature.
    New as applied to a waterfront facility means a facilityhandling LNG 
constructed or being constructed under a contract awardedon or after 
June 2, 1988, or a facility handling LHG constructed orbeing constructed 
under a contract awarded on or after January 30,1996.
    Person in charge of transfer operations on the vessel is theperson 
designated the person in charge of cargo transfer under 46 CFR154.1831.

[[Page 28]]

    Release means any spilling, leaking, pumping, pouring,emitting, 
emptying, discharging, injecting, escaping, leaching,dumping, or 
disposing into the environment, except a minor release ofLHG or its 
vapor, that may occur during the routine handling of LHG.No release is 
minor if it creates an atmosphere that exceeds the LowerFlammable Limit 
(LFL) for a flammable product or any PermissibleExposure Limit (PEL) 
listed in 29 CFR 1910.1000, Table Z-1 orZ-2, for a toxic product.
    Substructure means the deck of a pier or wharf and thestructural 
components below that deck.
    Toxic product means a product indicated by the letter``T'' or by the 
letters ``F+T'' in Table127.005.
    Waterfront facility handling LHG means any structure on, in,or under 
the navigable waters of the United States, or any structureon land or 
any area on shore immediately adjacent to such waters, usedor capable of 
being used to transfer liquefied hazardous gas, in bulk,to or from a 
vessel.
    Waterfront facility handling LNG means any structure on, in,or under 
the navigable waters of the United States, or any structureon land or 
any area on shore immediately adjacent to such waters, usedor capable of 
being used to transfer liquefied natural gas, in bulk,to or from a 
vessel.

               Table 127.005--List of Products andHazards
------------------------------------------------------------------------
                  Product                               Hazard
------------------------------------------------------------------------
Acetaldehyde...............................  F+T
Ammonia, anhydrous.........................  T
Butadiene..................................  F
Butanes....................................  F
Butane and propane (mixtures)..............  F
Butylenes..................................  F
Chlorine...................................  T
Dimethylamine..............................  F+T
Ethane.....................................  F
Ethyl chloride.............................  F+T
Ethylene...................................  F
Ethylene oxide.............................  F+T
Methyl-acetylene and propadiene (mixtures).  F
Methyl bromide.............................  F+T
Methyl chloride............................  F+T
Propane....................................  F
Propylene..................................  F
Sulphur dioxide............................  T
Vinyl chloride.............................  F+T
------------------------------------------------------------------------
Note: ``F'' indicates a flammable product.``T'' indicates a toxic
  product. ``F+T''indicates a product both flammable and toxic.


[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995; CGD 97-023, 62 FR33363, June 19, 1997]



Sec. 127.007  Letter of intent.

    (a) An owner who intends to build a new facility or the owner 
oroperator who plans new construction on an existing facility, 
mustsubmit a letter of intent that meets paragraph (d) of this section 
tothe COTP of the zone in which the facility is or will be located, 
atleast 60 days before construction begins.
    (b) The owner or operator of an active existing facility shallsubmit 
a letter of intent that meets paragraph (d) of this section tothe COTP 
of the zone in which the facility is located.
    (c) An owner or operator of an inactive existing facility 
shallsubmit a letter of intent that meets paragraph (d) of this section 
tothe COTP of the zone in which the facility is located, at least 60days 
before transferring LHG or LNG.
    (d) Each letter of intent must contain--
    (1) The name, address, and telephone number of the owner 
andoperator;
    (2) The name, address, and telephone number of the facility;
    (3) The physical location of the facility;
    (4) A description of the facility;
    (5) The LHG or LNG vessels' characteristics and the frequency ofLHG 
or LNG shipments to or from the facility; and
    (6) Charts showing waterway channels and identifying 
commercial,industrial, environmentally sensitive, and residential areas 
in andadjacent to the waterway used by the LHG or LNG vessels en route 
tothe facility, within 25 kilometers (15.5 miles) of the facility.
    (e) The owner or operator who submits a letter of intent 
underparagraph (a), (b), or (c), shall notify the COTP in writing within 
15days if--
    (1) There is any change in the information submitted underparagraphs 
(d)(1) through (d)(5) of this section; or

[[Page 29]]

    (2) No LHG or LNG transfer operations are scheduled within thenext 
12 months.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.009  Letter of recommendation.

    After the COTP receives the letter of intent underSec. 127.007 (a) 
or (c), the COTP issues a letter ofrecommendation to the owner or 
operator of the facility and to thestate and local government agencies 
having jurisdiction, as to thesuitability of the waterway for LHG or LNG 
marine traffic, based onthe--
    (a) Information submitted under Sec. Sec. 127.007 (d)(3) through 
(d)(6);
    (b) Density and character of marine traffic in the waterway;
    (c) Locks, bridges, or other man-made obstructions in thewaterway; 
and
    (d) Following factors adjacent to the facility:
    (1) Depths of the water.
    (2) Tidal range.
    (3) Protection from high seas.
    (4) Natural hazards, including reefs, rocks, and sandbars.
    (5) Underwater pipelines and cables.
    (6) Distance of berthed vessel from the channel and the width ofthe 
channel.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]
    Note: The Coast Guard is authorized by law to establishwater or 
waterfront safety zones, or other measures for limited,controlled, or 
conditional access and activity, when necessary for theprotection of any 
vessel, structure, waters, or shore area.



Sec. 127.011  Inspections of waterfront facilities.

    The operator shall ensure that the COTP or his representative 
isallowed to make reasonable examinations and inspections to 
determinewhether the facility meets this part.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.013  Suspension of transfer operations.

    (a) The COTP may issue an order to the operator to suspend LHG orLNG 
transfer operations if the COTP finds any condition requiringimmediate 
action to--
    (1) Prevent damage to, or the destruction of, any bridge or 
otherstructure on or in the navigable waters of the United States, or 
anyland structure or shore area immediately adjacent to such waters; and
    (2) Protect the navigable waters and the resources therein fromharm 
resulting from vessel or structure damage, destruction, or loss.
    (b) Each order to suspend transfer operations issued underparagraph 
(a) of this section--
    (1) Is effective immediately;
    (2) Contains a statement of each condition requiring 
immediateaction; and
    (3) Is withdrawn by the COTP whenever each condition is correctedor 
no longer exists.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.015  Appeals.

    (a) Any person directly affected by an action taken under thispart 
may request reconsideration by the Coast Guard officerresponsible for 
that action.
    (b) Except as provided under paragraph (e) of this section, 
anyperson not satisfied with a ruling made under the procedure 
containedin paragraph (a) of this section may--
    (1) Appeal that ruling in writing to the District Commander of 
thedistrict in which the action was taken; and
    (2) Supply supporting documentation and evidence that theappellant 
wishes to have considered.
    (c) The District Commander issues a ruling after reviewing theappeal 
submitted under paragraph (b) of this section. Except asprovided under 
paragraph (e) of this section, any person not satisfiedwith this ruling 
may--
    (1) Appeal that ruling in writing to the Assistant Commandant 
forMarine Safety, Security and Environmental Protection, U.S. 
CoastGuard, Washington, DC 20593-0001; and

[[Page 30]]

    (2) Supply supporting documentation and evidence that theappellant 
wishes to have considered.
    (d) The Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection issues a ruling after reviewing the 
appealsubmitted under paragraph (c) of this section, which is final 
agencyaction.
    (e) If the delay in presenting a written appeal has an adverseimpact 
on the operations of the appellant, the appeal under paragraph(b) or (c) 
of this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the 
oralpresentation--
    (i) With the basis for the appeal and a summary of the 
materialpresented orally; and
    (ii) To the same Coast Guard official who heard the 
oralpresentation.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 96-026, 61 FR 
33665, June 28, 1996; CGD 97-023, 62FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332,June 18, 2002]



Sec. 127.017  Alternatives.

    (a) The COTP may allow alternative procedures, methods, orequipment 
standards to be used by an operator instead of anyrequirements in this 
part if--
    (1) The operator submits a written request for the alternative 
atleast 30 days before facility operations under the alternative 
wouldbegin, unless the COTP authorizes a shorter time; and
    (2) The alternative provides at least the same degree of 
safetyprovided by the regulations in this part.
    (b) The COTP approves or disapproves any alternative requestedunder 
paragraph (a) of this section--
    (1) In writing; or
    (2) Orally, with subsequent written confirmation.



Sec. 127.019  Operations Manual and Emergency Manual: Procedures forexamination.

    (a) The owner or operator of an active existing facility shallsubmit 
two copies of the Operations Manual and of theEmergency Manual to the 
Captain of the Port of the zone in whichthe facility is located.
    (b) At least 30 days before transferring LHG or LNG, the owner 
oroperator of a new or an inactive existing facility shall submit 
twocopies of the Operations Manual and of the EmergencyManual to the 
Captain of the Port of the zone in which the facilityis located, unless 
the manuals have been examined and there have beenno changes since that 
examination.
    (c) If the COTP finds that the Operations Manual meetsSec. 127.305 
or Sec. 127.1305 and that theEmergency Manual meets Sec. 127.307 
orSec. 127.1307, the Captain of the Port returns a copy to theowner or 
operator marked ``Examined by the Coast Guard''.
    (d) If the COTP finds that the Operations Manual or theEmergency 
Manual does not meet this part, the Captain of thePort returns the 
manual with an explanation of why it does not meetthis part.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]



      Subpart B_Waterfront Facilities Handling Liquefied NaturalGas



Sec. 127.101  Design and construction: General.

    The marine transfer area for LNG must meet the following criteriain 
NFPA 59A:
    (a) Chapter 2, Sections 2-1.2 and 2-3.
    (b) Chapter 4, Section 4-1.3.
    (c) Chapter 6.
    (d) Chapter 7, Sections 7-6 and 7-7.
    (e) Chapter 8, except Sections 8-3, 8-5 and8-7.2.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.103  Piers and wharves.

    (a) If the waterfront facility handling LNG is in a region subjectto 
earthquakes, the piers and wharves must be designed to resistearthquake 
forces.
    (b) Substructures, except moorings and breasting dolphins, 
thatsupport or are within 5 meters (16.4 feet) of any pipe or 
equipmentcontaining LNG, or are within 15 meters (49.2 feet) of a 
loadingflange, must--
    (1) Be made of concrete or steel; and

[[Page 31]]

    (2) Have a fire endurance rating of not less than two hours.
    (c) LNG or LPG storage tanks must have the minimum volumenecessary 
for--
    (1) Surge protection;
    (2) Pump suction supply; or
    (3) Other process needs.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.105  Layout and spacing of marine transfer area for LNG.

    (a) LNG impounding spaces must be located so that the heat fluxfrom 
a fire over the impounding spaces does not cause structuraldamage to an 
LNG vessel moored or berthed at the waterfront facilityhandling LNG.
    (b) Each LNG loading flange must be located at least 300 
meters(984.3 feet) from the following which are primarily intended for 
theuse of the general public or railways:
    (1) Each bridge crossing a navigable waterway.
    (2) Each entrance to any tunnel under a navigable waterway.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.107  Electrical power systems.

    (a) The electrical power system must have a power source and 
aseparate emergency power source, so that failure of one source doesnot 
affect the capability of the other source. The system must meetthe 
National Electrical Code, NFPA 70.
    (b) The emergency power source must provide enough power for 
theoperation of the--
    (1) Emergency shutdown system;
    (2) Communications equipment;
    (3) Firefighting equipment; and
    (4) Emergency lighting.
    (c) If an auxiliary generator is used as an emergency powersource, 
it must meet Section 700-12 of NFPA 70.



Sec. 127.109  Lighting systems.

    (a) The marine transfer area for LNG must have a lighting systemand 
separate emergency lighting.
    (b) All outdoor lighting must be located or shielded so that it 
isnot confused with any aids to navigation and does not interfere 
withnavigation on the adjacent waterways.
    (c) The lighting system must provide an average illumination on 
ahorizontal plane one meter (3.3 feet) above the deck that is--
    (1) 54 lux (five foot-candles) at any loading flange; and
    (2) 11 lux (one foot-candle) at each work area.
    (d) The emergency lighting must provide lighting for the operationof 
the--
    (1) Emergency shutdown system;
    (2) Communications equipment; and
    (3) Firefighting equipment.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.111  Communications systems.

    (a) The marine transfer area for LNG must have a ship-to-
shorecommunication system and a separate emergency ship-to-
shorecommunication system.
    (b) Each ship-to-shore communication system must be a 
dedicatedsystem that allows voice communication between the person in 
charge oftransfer operations on the vessel, the person in charge of 
shoresidetransfer operations, and personnel in the control room.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39795, Aug. 3, 1995]



Sec. 127.113  Warning signs.

    (a) The marine transfer area for LNG must have warning signsthat--
    (1) Meet paragraph (b) of this section;
    (2) Can be seen from the shore and the water; and
    (3) Have the following text:

Warning
Dangerous Cargo
No Visitors
No Smoking
No Open Lights

    (b) Each letter in the words on the sign must be--
    (1) Block style;
    (2) Black on a white background; and
    (3) 7.6 centimeters (3 inches) high.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]

[[Page 32]]

                                Equipment



Sec. 127.201  Sensing and alarm systems.

    (a) Fixed sensors must have audio and visual alarms in the 
controlroom and audio alarms nearby.
    (b) Fixed sensors that continuously monitor for LNG vaporsmust--
    (1) Be in each enclosed area where vapor or gas may accumulate;and
    (2) Meet Section 9-4 of NFPA 59A.
    (c) Fixed sensors that continuously monitor for flame, heat, 
orproducts of combustion must--
    (1) Be in each enclosed or covered Class I, Division 1, 
hazardouslocation defined in Section 500-5(a) of NFPA 70 and each areain 
which flammable or combustible material is stored; and
    (2) Meet Section 9-4 of NFPA 59A.



Sec. 127.203  Portable gas detectors.

    The marine transfer area for LNG must have at least two portablegas 
detectors capable of measuring 0-100% of the lowerflammable limit of 
methane.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.205  Emergency shutdown.

    Each transfer system must have an emergency shutdown systemthat--
    (a) Can be activated manually; and
    (b) Is activated automatically when the fixed sensors underSec. 
127.201(b) measure LNG concentrations exceeding 40% ofthe lower 
flammable limit.



Sec. 127.207  Warning alarms.

    (a) The marine transfer area for LNG must have a rotating orflashing 
amber light with a minimum effective flash intensity, in thehorizontal 
plane, of 5000 candelas. At least 50% of the requiredeffective flash 
intensity must be maintained in all directions from1.0 degree above to 
1.0 degree below the horizontal plane.
    (b) The marine transfer area for LNG must have a siren with aminimum 
\1/3\-octave band sound pressure level at l meter of 125decibels 
referenced to 0.0002 microbars. The siren must be located sothat the 
sound signal produced is audible over 360 degrees in ahorizontal plane.
    (c) Each light and siren must be located so that the warning alarmis 
not obstructed for a distance of 1.6 km (1 mile) in all directions.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]

                               Operations



Sec. 127.301  Persons in charge of shoreside transfer operations: Qualificationsand certification.

    (a) No person may serve, and the operator of the waterfrontfacility 
handling LNG may not use the services of any person, as aperson in 
charge of shoreside transfer operations, unless thatperson--
    (1) Has at least 48 hours of LNG transfer experience;
    (2) Knows the hazards of LNG;
    (3) Knows the rules of this subpart; and
    (4) Knows the procedures in the examined Operations Manualand the 
examined Emergency Manual.
    (b) Before a person in charge of shoreside transfer 
operationssupervises a transfer, the operator shall certify in writing 
that thecriteria in paragraph (a) of this section are met. The operator 
shallmaintain a copy of each current certification available for 
inspectionat the waterfront facility handling LNG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.303  Compliance with suspension order.

    If an order to suspend is given to the operator or owner of 
thewaterfront facility handling LNG, no LNG transfer operations may 
beconducted at the facility until the order is withdrawn by the COTP.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.305  Operations Manual.

    Each Operations Manual must contain--
    (a) A description of the transfer system including mooring 
areas,transfer connections, control rooms, and diagrams of the piping 
andelectrical systems;

[[Page 33]]

    (b) The duties of each person assigned for transferoperations;
    (c) The maximum relief valve setting or maximum allowable 
workingpressure of the transfer system;
    (d) The facility telephone numbers of facility supervisors,persons 
in charge of shoreside transfer operations, personnel on watchin the 
marine transfer area for LNG, and security personnel;
    (e) A description of the security systems for the marine 
transferarea for LNG;
    (f) The procedures for--
    (1) Transfer operations including gauging, cool down, 
pumping,venting, and shutdown;
    (2) Transfer operations start-up and shutdown;
    (3) Security violations; and
    (4) The communications systems; and
    (g) A description of the training programs established underSec. 
127.503.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.307  Emergency Manual.

    Each Emergency Manual must contain--
    (a) LNG release response procedures, including contacting 
localresponse organizations;
    (b) Emergency shutdown procedures;
    (c) A description of the fire equipment and systems and 
theiroperating procedures;
    (d) A description of the emergency lighting and emergency 
powersystems;
    (e) The telephone numbers of local Coast Guard units, hospitals,fire 
departments, police departments, and other emergency 
responseorganizations;
    (f) If the waterfront facility handling LNG has personnelshelters, 
the location of and provisions in each shelter;
    (g) First aid procedures and if there are first aid stations, 
thelocations of each station; and
    (h) Emergency procedures for mooring and unmooring a vessel.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.309  Operations Manual and Emergency Manual: Use.

    The operator shall ensure that--
    (a) LNG transfer operations are not conducted unless thewaterfront 
facility handling LNG has an examined OperationsManual and examined 
Emergency Manual;
    (b) Each transfer operation is conducted in accordance with 
theexamined Operations Manual; and
    (c) Each emergency response is in accordance with the 
examinedEmergency Manual.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.311  Motor vehicles.

    (a) The operator shall designate and mark parking spacesthat--
    (1) Do not block fire lanes;
    (2) Do not impede any exits;
    (3) Are not located in any impounding space; and
    (4) Are not within 15 meters (49.2 feet) of any storage tank 
orloading flange.
    (b) During transfer operations, no person may--
    (1) Stop or park a motor vehicle in a space that is not designateda 
parking space; or
    (2) Refuel any motor vehicle.



Sec. 127.313  Bulk storage.

    (a) The operator shall ensure that only the following 
flammablematerials are stored in the marine transfer area for LNG:
    (1) LNG.
    (2) LPG.
    (3) Vessel fuel.
    (4) Oily waste from vessels.
    (5) Solvents, lubricants, paints, and other fuels in the amountused 
for one day's operations and maintenance.
    (b) Flammable liquids must be stored in accordance with Chapter 4of 
NFPA 30.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.315  Preliminary transfer inspection.

    Before transferring LNG, the person in charge of shoresidetransfer 
operations shall--

[[Page 34]]

    (a) Inspect the transfer piping and equipment to be usedduring the 
transfer and replace any worn or inoperable parts;
    (b) For each of the vessel's cargo tanks from which cargo will 
betransferred, note the pressure, temperature, and volume to ensure 
theyare safe for transfer;
    (c) Review and agree with the person in charge of cargo transferon 
the vessel to--
    (1) The sequence of transfer operations;
    (2) The transfer rate;
    (3) The duties, location, and watches of each person assigned 
fortransfer operations; and
    (4) Emergency procedures from the examined Emergency Manual;
    (d) Ensure that transfer connections allow the vessel to move tothe 
limits of its moorings without placing strain on the loading armor 
transfer piping system;
    (e) Ensure that each part of the transfer system is aligned toallow 
the flow of LNG to the desired location;
    (f) Ensure that warning signs that warn that LNG is 
beingtransferred, are displayed;
    (g) Eliminate all ignition sources in the marine transfer area 
forLNG;
    (h) Ensure that personnel are on duty in accordance with theexamined 
Operations Manual; and
    (i) Test the following to determine that they are operable:
    (1) The sensing and alarm systems.
    (2) The emergency shutdown system.
    (3) The communication systems.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.317  Declaration of inspection.

    (a) After the preliminary transfer inspection underSec. 127.315 has 
been satisfactorily completed, the personin charge of shoreside transfer 
operations shall ensure that no persontransfers LNG until a Declaration 
of Inspection that meets paragraph(c) of this section is executed and 
signed in duplicate.
    (b) The person in charge of shoreside transfer operations shallgive 
one signed copy of the Declaration of Inspection to the person incharge 
of transfer operations on the vessel, and shall retain onesigned copy at 
the waterfront facility handling LNG for 30 days aftercompletion of the 
transfer.
    (c) Each Declaration of Inspection must contain--
    (1) The name of the vessel and the waterfront facility handlingLNG;
    (2) The date and time that transfer operations begin;
    (3) A list of the requirements in Sec. 127.315 with theinitials of 
the person in charge of shoreside transfer operationsafter each 
requirement, indicating that the requirement is met;
    (4) The signature of the person in charge of shoreside 
transferoperations and the date and time of signing, indicating that he 
or sheis ready to begin transfer operations; and
    (5) The signature of each relief person in charge and the date 
andtime of each relief.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.319  LNG transfer.

    During LNG transfer operations, the following must be met:
    (a) The operator of the waterfront facility handling LNG shallensure 
that--
    (1) The marine transfer area for LNG is under the supervision of 
aperson in charge, who has no other assigned duties during the 
transferoperation;
    (2) Personnel transferring fuel or oily waste are not involved inLNG 
transfer; and
    (3) No vessels are moored outboard of any LNG vessel without 
thepermission of the COTP.
    (b) The person in charge of shoreside transfer operationsshall--
    (1) Be in continuous communication with the person in charge 
oftransfer operations on the vessel;
    (2) Ensure that an inspection of the transfer piping and 
equipmentfor leaks, frost, defects, and other symptoms of safety 
andoperational problems is conducted at least once every transfer;
    (3) Ensure that transfer operations are discontinued--
    (i) Before electrical storms or uncontrolled fires are adjacent 
tothe marine transfer area for LNG; and
    (ii) As soon as a fire is detected; and

[[Page 35]]

    (4) Ensure that the lighting systems are turned on betweensunset and 
sunrise.
    Note: Vessel transfer requirements are published in 46 CFRPart 154.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.321  Release of LNG.

    (a) The operator of the waterfront facility handling LNG shallensure 
that--
    (1) No person releases LNG into the navigable waters of the 
UnitedStates; and
    (2) If there is a release of LNG, vessels near the facility 
arenotified of the release by the activation of the warning alarm.
    (b) If there is a release of LNG, the person in charge ofshoreside 
transfer operations shall--
    (1) Immediately notify the person in charge of cargo transfer onthe 
vessel of the intent to shutdown;
    (2) Shutdown transfer operations;
    (3) Notify the COTP of the release; and
    (4) Not resume transfer operations until authorized by the COTP.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]

                               Maintenance



Sec. 127.401  Maintenance: General.

    The operator of the waterfront facility handling LNG shall 
ensurethat the equipment required under this part is maintained in a 
safecondition so that it does not cause a release or ignition of LNG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.403  Inspections.

    The operator shall conduct a visual inspection for defects of 
eachpressure-relief device not capable of being tested, at least once 
eachcalendar year, with intervals between inspections not exceeding 
15months, and make all repairs in accordance withSec. 127.405.



Sec. 127.405  Repairs.

    The operator shall ensure that--
    (a) Equipment repairs are made so that--
    (1) The equipment continues to meet the applicable requirements 
inthis subpart and in NFPA 59A; and
    (2) Safety is not compromised; and
    (b) Welding is done in accordance with NFPA 51B and NFPA 59A,Chapter 
6, Section 6-3.4.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.407  Testing.

    (a) The operator shall pressure test under paragraph (b) of 
thissection the transfer system, including piping, hoses, and 
loadingarms, and verify the set pressure of the safety and 
reliefvalves--
    (1) After the system or the valves are altered;
    (2) After the system or the valves are repaired;
    (3) After any increase in the MAWP; or
    (4) For those components that are not continuously kept atcryogenic 
temperature, at least once each calendar year, withintervals between 
testing not exceeding 15 months.
    (b) The pressure for the transfer system test under paragraph (a)of 
this section must be at 1.1 times the MAWP and be held for aminimum of 
30 minutes.



Sec. 127.409  Records.

    (a) The operator shall keep on file the following information:
    (1) A description of the components tested underSec. 127.407.
    (2) The date and results of the test under Sec. 127.407.
    (3) A description of any corrective action taken after the test.
    (b) The information required by this section must be retained for24 
months.

                           Personnel Training



Sec. 127.501  Applicability.

    The training required by this subpart must be completed before LNGis 
transferred.



Sec. 127.503  Training: General.

    The operator shall ensure that each of the following is met:

[[Page 36]]

    (a) All full-time employees have training in the followingsubjects:
    (1) Basic LNG firefighting procedures.
    (2) LNG properties and hazards.
    (b) In addition to the training under paragraph (a) of thissection, 
each person assigned for transfer operations has training inthe 
following subjects:
    (1) The examined Operations Manual and examined EmergencyManual.
    (2) Advanced LNG firefighting procedures.
    (3) Security violations.
    (4) LNG vessel design and cargo transfer operations.
    (5) LNG release response procedures.
    (6) First aid procedures for--
    (i) Frostbite;
    (ii) Burns;
    (iii) Cardio-pulminary resuscitation; and
    (iv) Transporting injured personnel.
    (c) The personnel who received training under paragraphs (a) and(b) 
of this section receive refresher training in the same subjects atleast 
once every five years.

                              Firefighting



Sec. 127.601  Fire equipment: General.

    (a) Fire equipment and systems provided in addition to 
therequirements in this subpart must meet the requirements of 
thissubpart.
    (b) The following must be red or some other conspicuous color andbe 
in locations that are readily accessible:
    (1) Hydrants and standpipes.
    (2) Hose stations.
    (3) Portable fire extinguishers.
    (4) Fire monitors.
    (c) Fire equipment, if applicable, must bear the approval 
ofUnderwriters Laboratories, Inc., the Factory Mutual Research Corp., 
orthe Coast Guard.



Sec. 127.603  Portable fire extinguishers.

    Each marine transfer area for LNG must have--
    (a) Portable fire extinguishers that meet 9-6.1 of NFPA 59Aand 
Chapter 3 of NFPA 10; and
    (b) At least one portable fire extinguisher in each 
designatedparking area.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.605  Emergency outfits.

    (a) There must be an emergency outfit for each person whose 
dutiesinclude fighting fires, but there must be at least two 
emergencyoutfits. Each emergency outfit must include--
    (1) One explosion-proof flashlight;
    (2) Boots and gloves of rubber or other electrically 
nonconductingmaterial;
    (3) A rigid helmet that protects the head against impact;
    (4) Water resistant clothing that also protects the body 
againstfire; and
    (5) U.S. Bureau of Mines approved self-contained breathingapparatus.
    (b) Emergency outfits under paragraph (a) of this section must bein 
locations that are readily accessible and marked for easyrecognition.



Sec. 127.607  Fire main systems.

    (a) Each marine transfer area for LNG must have a fire main 
systemthat provides at least two water streams to each part of the 
LNGtransfer piping and connections, one of which must be from a 
singlelength of hose or from a fire monitor.
    (b) The fire main must have at least one isolation valve at 
eachbranch connection and at least one isolation valve downstream of 
eachbranch connection to isolate damaged sections.
    (c) The fire main system must have the capacity to supply--
    (1) Simultaneously all fire hydrants, standpipes, and firemonitors 
in the system; and
    (2) At a Pitot tube pressure of 618 kilonewtons per square meter(75 
p.s.i.), the two outlets having the greatest pressure drop betweenthe 
source of water and the hose or monitor nozzle, when only thosetwo 
outlets are open.
    (d) If the source of water for the fire main system is capable 
ofsupplying a pressure greater than the system's design workingpressure, 
the system must have at least one pressure relief device.

[[Page 37]]

    (e) Each fire hydrant or standpipe must have at least onelength of 
hose of sufficient length to meet paragraph (a) of thissection.
    (f) Each length of hose must--
    (1) Be 1\1/2\ inches or more in diameter and 30.5 meters (100feet) 
or less in length;
    (2) Be on a hose rack or reel;
    (3) Be connected to the hydrant or standpipe at all times; and
    (4) Have a Coast Guard approved combination solid stream and 
waterspray fire hose nozzle.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.609  Dry chemical systems.

    (a) Each marine transfer area for LNG must have a dry chemicalsystem 
that provides at least two dry chemical discharges to the 
areasurrounding the loading arms, one of which must be--
    (1) From a monitor; and
    (2) Actuated and, except for pre-aimed monitors, controlled from 
alocation other than the monitor location.
    (b) The dry chemical system must have the capacity to 
supplysimultaneously or sequentially each hose or monitor in the system 
for45 seconds.
    (c) Each dry chemical hose station must have at least one lengthof 
hose that--
    (1) Is on a hose rack or reel; and
    (2) Has a nozzle with a valve that starts and stops the flow ofdry 
chemical.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.611  International shore connection.

    The marine transfer area for LNG must have an international 
shoreconnection that is in accordance with ASTM F 1121 (incorporated 
byreference, see Sec. 127.003), a 2\1/2\ inch fire hydrant,and 2\1/2\ 
inch fire hose of sufficient length to connect the firehydrant to the 
international shore connection on the vessel.

[CGD 88-032, 56 FR 35819, July 29, 1991, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995;USCG-2000-7223, 65 FR 40057, June 29, 2000]



Sec. 127.613  Smoking.

    In the marine transfer area for LNG, the operator shall ensurethat 
no person smokes when there is LNG present.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.615  Fires.

    In the marine transfer area for LNG, the operator shall ensurethat 
there are no fires when there is LNG present.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended atCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.617  Hotwork.

    The operator shall ensure that no person conducts welding, 
torchcutting, or other hotwork unless that person has a permit from 
theCOTP.

                                Security



Sec. 127.701  Security on existing facilities.

    The operator shall ensure that any security procedure andarrangement 
on existing facilities, that were in use when LNG transferoperations 
were last conducted, be continued and maintained, orupgraded, whenever 
LNG transfer operations are conducted.



Sec. 127.703  Access to the marine transfer area for LNG.

    The operator shall ensure that--
    (a) Access to the marine transfer area for LNG from the shoresideand 
the waterside is limited to--
    (1) Personnel who work at the waterfront facility handling 
LNGincluding persons assigned for transfer operations, vessel 
personnel,and delivery and service personnel in the course of their 
business;
    (2) Coast Guard personnel; and
    (3) Other persons authorized by the operator; and
    (b) No person is allowed into the marine transfer area for LNGunless 
that person is identified by a waterfront facility handlingLNG-issued 
identification card or other identification card displayinghis or her 
photograph, or is

[[Page 38]]

an escorted visitor displaying anidentifying badge.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.705  Security systems.

    The operator shall ensure that security patrols of the 
marinetransfer area for LNG are conducted once every hour, or that a 
mannedtelevision monitoring system is used, to detect--
    (a) Unauthorized personnel;
    (b) Fires; and
    (c) LNG releases.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.707  Security personnel.

    The operator shall ensure that no person is assigned securitypatrol 
duty unless that person has been instructed on securityviolation 
procedures.



Sec. 127.709  Protective enclosures.

    The following must be within a fence or wall that 
preventstrespassing:
    (a) Impounding spaces.
    (b) Control rooms and stations.
    (c) Electrical power sources.



Sec. 127.711  Communications.

    The marine transfer area for LNG must have a means of 
directcommunications between the security patrol and other operating 
orsecurity personnel on duty on the waterfront facility handling LNG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended byCGD 88-049, 60 FR 
39796, Aug. 3, 1995]



     Subpart C_Waterfront Facilities Handling LiquefiedHazardous Gas

    Source: CGD 88-049, 60 FR 39796, Aug. 3, 1995,unless otherwise 
noted.

                         Design and Construction



Sec. 127.1101  Piping systems.

    Each piping system within the marine transfer area for LHG usedfor 
the transfer of LHG must meet the following criteria:
    (a) Each system must be designed and constructed in accordancewith 
ASME B31.3.
    (b) Each pipeline on a pier or wharf must be located so that it 
isnot exposed to physical damage from vehicular traffic or cargo-
handling equipment. Each pipeline under navigable waters must becovered 
or protected to meet 49 CFR 195.248.
    (c) The transfer manifold of each liquid transfer line and of 
eachvapor return line must have an isolation valve with a 
bleedconnection, such that transfer hoses and loading arms can be 
blockedoff, drained or pumped out, and depressurized before 
disconnecting.Bleeds or vents must discharge to a safe area such as a 
tank or flare.
    (d) In addition to the isolation valve at the transfer manifold,each 
liquid-transfer line and each vapor return line must have areadily 
accessible isolation valve located near the edge of the marinetransfer 
area for LHG.
    (e) Each power-operated isolation valve must be timed to close 
sothat it will not produce a hydraulic shock capable of causing 
failureof the line or equipment. Unless the layout of the piping allows 
theisolation valve at the transfer manifold to close within 30 
secondswithout creating excessive stresses on the system, the layout 
must bereconfigured to reduce the stresses to a safe level.
    (f) Each waterfront facility handling LHG that transfers to orfrom a 
vessel requiring vapor return during transfer must be equippedwith a 
vapor return line designed to attach to the vessel's vaporconnection.
    (g) Where two or more LHGs are loaded or unloaded at the 
samefacility, each manifold must be identified or marked to indicate 
eachLHG it handles.
    (h) Each pipeline used to transfer flammable liquids or vaporsmust 
be provided with precautions against static, lightning, and straycurrent 
in accordance with API RP 2003.



Sec. 127.1102  Transfer hoses and loading arms.

    (a) Each hose within the marine transfer area for LHG used for 
thetransfer of LHG or its vapors to or from a vessel must--

[[Page 39]]

    (1) Be made of materials resistant to each LHG transferred, inboth 
the liquid and vapor state (if wire braid is used forreinforcement, the 
wire must be of corrosion-resistant material, suchas stainless steel);
    (2) Be constructed to withstand the temperature and 
pressureforeseeable during transfer, with a MAWP not less than the 
maximumpressure to which it may be subjected and at least 1030 kPa 
gauge(149.4 psig);
    (3) Be designed for a minimum bursting pressure of a least fivetimes 
the MAWP;
    (4) Have--
    (i) Full-threaded connections;
    (ii) Flanges that meet ANSI B16.5; or
    (iii) Quick connect couplings that are acceptable to theCommandant;
    (5) Be adequately supported against the weight of its 
constituentparts, the LHG, and any ice formed on it;
    (6) Have no kinks, bulges, soft spots, or other defects that willlet 
it leak or burst under normal working pressure; and
    (7) Have a permanently attached nameplate that indicates, 
orotherwise be permanently marked to indicate--
    (i) Each LHG for which it is suitable;
    (ii) Its MAWP at the corresponding service temperature; and
    (iii) If used for service at other than ambient temperature, 
itsminimum service temperature.
    (b) Each loading arm used for the transfer of LHG or its vapormust--
    (1) Be made of materials resistant to each LHG transferred, inboth 
the liquid and vapor state;
    (2) Be constructed to withstand the temperature and 
pressureforeseeable during transfer;
    (3) Be adequately supported against the weight of its 
constituentparts, the LHG, and any ice formed on it;
    (4) Be provided with an alarm to indicate when it is approachingthe 
limits of its extension, unless the examined Operations Manualrequires a 
person to perform the same function; and
    (5) Have a permanently attached nameplate that indicates, 
orotherwise be permanently marked to indicate--
    (i) Each LHG it may handle;
    (ii) Its MAWP at the corresponding service temperature; and,
    (iii) If it is used for service at other than ambient 
temperature,its minimum service temperature.



Sec. 127.1103  Piers and wharves.

    (a) Each new waterfront facility handling LHG, and all 
newconstruction in the marine transfer area for LHG of each 
existingfacility, must comply with the standards for seismic design 
andconstruction in 49 CFR part 41.
    (b) Each substructure on a new waterfront facility handling LHG,and 
all new construction in the marine transfer area for LHG of eachexisting 
facility, except moorings and breasting dolphins, thatsupports or is 
within 4.5 meters (14.8 feet) of any pipe or equipmentcontaining a 
flammable LHG, or that is within 15 meters (49.2 feet) ofa loading 
flange used to transfer a flammable LHG, must have a fire-endurance 
rating of not less than two hours.



Sec. 127.1105  Layout and spacing of marine transfer area for LHG.

    Each new waterfront facility handling LHG, and all newconstruction 
in the marine transfer area for LHG of each existingfacility, must 
comply with the following:
    (a) Each building, shed, and other structure within each 
marinetransfer area for LHG must be located, constructed, or ventilated 
toprevent the accumulation of flammable or toxic gases within 
thestructure.
    (b) Each impounding space for flammable LHGs located within thearea 
must be designed and located so that the heat flux from a fireover the 
impounding space does not cause, to a vessel, damage thatcould prevent 
the vessel's movement.
    (c) Each manifold, loading arm, or independent mating flange mustbe 
located at least 60 meters (197 feet) from each of the 
followingstructures, if that structure is intended primarily for the use 
of thegeneral public or of railways:
    (1) A bridge crossing a navigable waterway.
    (2) The entrance to, or the superstructure of, a tunnel under 
anavigable waterway.
    (d) Each manifold, loading arm, or independent mating flange mustbe 
located at least 30 meters (98.5 feet) from each public roadway 
orrailway.

[[Page 40]]



Sec. 127.1107  Electrical systems.

    Electrical equipment and wiring must be of the kind specified by,and 
must be installed in accordance with, NFPA 70.



Sec. 127.1109  Lighting systems.

    (a) Each waterfront facility handling LHG, at which transfers ofLHG 
take place between sunset and sunrise, must have outdoor lightingthat 
illuminates the marine transfer area for LHG.
    (b) All outdoor lighting must be located or shielded so that 
itcannot be mistaken for any aids to navigation and does not 
interferewith navigation on the adjacent waterways.
    (c) The outdoor lighting must provide a minimum averageillumination 
on a horizontal plane 1 meter (3.3 feet) above thewalking surface of the 
marine transfer area that is--
    (1) 54 lux (5 foot-candles) at any loading flange; and
    (2) 11 lux (1 foot-candle) for the remainder of the marinetransfer 
area for LHG.



Sec. 127.1111  Communication systems.

    (a) The marine transfer area for LHG must possess a 
communicationsystem that enables continuous two way voice communication 
between theperson in charge of transfer aboard the vessel and the person 
incharge of transfer for the facility.
    (b) The communication system required by paragraph (a) of 
thissection may consist either of fixed or portable telephones or 
ofportable radios. The system must be usable and effective in all 
phasesof the transfer and all weather at the facility.
    (c) Devices used to comply with paragraph (a) of this sectionduring 
the transfer of a flammable LHG must be listed as intrinsicallysafe by 
Underwriters Laboratories, Inc., Factory Mutual ResearchCorporation, or 
other independent laboratory recognized by NFPA, foruse in the hazardous 
location in which it is used.



Sec. 127.1113  Warning signs.

    (a) The marine transfer area for LHG must have warning signsthat--
    (1) Meet paragraph (b) of this section;
    (2) Can be seen from the shore and the water; and,
    (3) Except as provided in paragraph (c) of this section, bear 
thefollowing text:

Warning
Dangerous Cargo
No visitors
No Smoking
No Open Lights

    (b) Each letter on the sign must be--
    (1) In block style;
    (2) Black on a white background; and
    (3) At least 7.6 centimeters (3 inches) high.
    (c) The words ``No Smoking'' and ``No OpenLights'' may be omitted 
when the product being transferred isnot flammable.

                                Equipment



Sec. 127.1203  Gas detection.

    (a) Each waterfront facility handling LHG that transfers aflammable 
LHG must have at least two portable gas detectors, or afixed gas 
detector, in the marine transfer area for LHG. Each detectormust be 
capable of indicating whether the concentration of flammablevapors 
exceeds 30% of the Lower Flammable Limit for each flammableproduct being 
transferred and must meet ANSI S12.13, Part I.
    (b) Each waterfront facility handling LHG that transfers a toxicLHG, 
other than anhydrous ammonia, must have at least two portable 
gasdetectors, or a fixed gas detector, available in the area. 
Thedetectors must be capable of showing whether the concentration of 
eachtoxic LHG being transferred is above, at, or below any 
PermissibleExposure Limit listed in 29 CFR 1910.1000, Table Z-1 orZ-2.
    (c) Each gas detector required by paragraph (a) or (b) of 
thissection must serve to detect leaks, check structures for 
gasaccumulations, and indicate workers' exposure to toxic gases in 
thearea.

[CGD 88-049, 60 FR 39797, Aug. 3, 1995; 60 FR 49509,Sept. 26, 1995]



Sec. 127.1205  Emergency shutdown.

    (a) Each piping system used to transfer LHG or its vapors to orfrom 
a vessel must have a quick-closing shutoff valve to stop the flowof 
liquid and vapor from the waterfront facility handling LHG if atransfer 
hose or loading

[[Page 41]]

arm fails. This valve may be theisolation valve with a bleed connection 
required bySec. 127.1101(c).
    (b) The valve required by paragraph (a) of this section must 
belocated as near as practicable to the terminal manifold or loading-
armconnection and must--
    (1) Close on loss of power;
    (2) Close from the time of activation in 30 seconds or less;
    (3) Be capable of local manual closing and remotely 
controlledclosing; and,
    (4) If the piping system is used to transfer a flammable LHG,either 
have fusible elements that melt at less than 105 [deg]C (221[deg]F) and 
activate the emergency shutdown, or have a sensor thatperforms the same 
function.
    (c) A remote actuator for each valve must be located in a 
placeaccessible in an emergency, at least 15 meters (49.2 feet) from 
theterminal manifold or loading arm, and conspicuously marked with 
itsdesignated function. When activated, the actuator must 
alsoautomatically shut down any terminal pumps or compressors used 
totransfer LHG, or its vapors, to or from the vessel.

[CGD 88-049, 60 FR 39797, Aug. 3, 1995; 60 FR 49509,Sept. 26, 1995]



Sec. 127.1207  Warning alarms.

    (a) Each marine transfer area for LHG must have a rotating 
orflashing amber light that is visible for at least 1,600 meters (1mile) 
from the transfer connection in all directions.
    (b) Each marine transfer area for LHG must also have a siren thatis 
audible for at least 1,600 meters (1 mile) from the transferconnection 
in all directions.
    (c) Each light and siren required by this section must be locatedso 
as to minimize obstructions. If any obstruction will prevent any ofthese 
alarms from meeting paragraph (a) or (b) of this section, theoperator of 
the waterfront facility handling LHG shall propose forapproval by the 
local COTP additional or alternative warning devicesthat provide an 
equivalent level of safety.

[CGD 88-049, 60 FR 39798, Aug. 3, 1995; 60 FR 49509,Sept. 26, 1995]



Sec. 127.1209  Respiratory protection.

    Each waterfront facility handling LHG must provide equipment 
forrespiratory protection for each employee of the facility in the 
marinetransfer area for LHG during the transfer of one or more of 
thefollowing toxic LHGs; anhydrous ammonia, chlorine, 
dimethylamine,ethylene oxide, methyl bromide, sulphur dioxide, or vinyl 
chloride.The equipment must protect the wearer from the LHG's vapor for 
atleast 5 minutes.

                               Operations



Sec. 127.1301  Persons in charge of transfers for the facility: Qualificationsand certification.

    (a) No person may serve, or use the services of any person, as 
aperson in charge of transfers for the facility regulated under 
thissubpart, unless that person--
    (1) Has at least 48 hours' transfer experience with each LHG 
beingtransferred;
    (2) Knows the hazards of each LHG being transferred;
    (3) Knows the rules of this subpart; and
    (4) Knows the procedures in the examined Operations Manual and 
theexamined Emergency Manual.
    (b) Before a person in charge of transfers for a waterfrontfacility 
handling LHG supervises a transfer of LHG, the operator ofthe facility 
shall certify in writing that that person has met therequirements in 
paragraph (a) of this section. The operator shallensure that a copy of 
each current certification is available forinspection at the facility.

[CGD 88-049, 60 FR 39798, Aug. 3, 1995; 60 FR 49509,Sept. 26, 1995]



Sec. 127.1302  Training.

    (a) Each operator of a waterfront facility handling LHG shallensure 
that each person assigned to act as a person in charge oftransfers for 
the facility has training in the following subjects:
    (1) Properties and hazards of each LHG being transferred to orfrom 
the facility.
    (2) Use of the gas detectors required by Sec. 127.1203.

[[Page 42]]

    (3) Use of the equipment for respiratory protection requiredby Sec. 
127.1209.
    (4) Basic firefighting procedures, including the use of theportable 
fire extinguishers required by Sec. 127.1503.
    (5) Content and use of the examined Operations Manual and 
examinedEmergency Manual.
    (6) The configuration and limitations of cargo systems of 
LHGvessels.
    (7) Procedures for transferring LHG to and from LHG vessels.
    (8) Procedures for response to a release of the LHG handled by 
thefacility.
    (9) First aid for persons--
    (i) With burns;
    (ii) Needing cardio-pulmonary resuscitation;
    (iii) Exposed to toxic liquid or toxic vapors (if a toxic LHG 
ishandled by the facility); and
    (iv) Needing transport to a medical facility.
    (10) Restrictions on access to the marine transfer area for LHG.
    (b) Each person that receives training under paragraph (a) of 
thissection shall receive refresher training in the same subjects at 
leastonce every 5 years.
    (c) The operator shall maintain, for each person trained, a recordof 
all training provided under paragraphs (a) and (b) of this section.The 
operator shall retain these records for the duration of theperson's 
employment on the waterfront facility plus 12 months.
    (d) Training conducted to comply with the hazard 
communicationprograms required by the Occupational Safety and Health 
Administration(OSHA) of the Department of Labor [29 CFR 1910.120] or 
theEnvironmental Protection Agency (EPA) [40 CFR 311.1] may be used 
tosatisfy the requirements in paragraph (a) of this section, so far 
asthe training addresses the requirements in paragraph (a) of 
thissection.



Sec. 127.1303  Compliance with suspension order.

    If the COTP issues to the owner or operator of a waterfrontfacility 
handling LHG an order to suspend a transfer, no transfer maytake place 
at the facility until the COTP withdraws the order.



Sec. 127.1305  Operations Manual.

    Each Operations Manual must contain--
    (a) A description of each liquid-transfer system and vaportransfer 
system, including each mooring area, transfer connection, and(where 
installed) control room, and a diagram of the piping andelectrical 
systems;
    (b) The duties of each person assigned to transfers;
    (c) The maximum relief-valve setting or MAWP of the transfersystem;
    (d) The telephone numbers of supervisors, persons in charge 
oftransfers for the facility, persons on watch in the marine 
transferarea for LHG, and security personnel of the facility;
    (e) A description for each security system provided for thetransfer 
area;
    (f) A description of the training programs established underSec. 
127.1302;
    (g) The procedures to follow for security violations; and
    (h) For each LHG handled, the procedures for transfer thatinclude--
    (1) Requirements for each aspect of the transfer (start-up,gauging, 
cooldown, pumping, venting, and shutdown);
    (2) The maximum transfer rate;
    (3) The minimum transfer temperature;
    (4) Requirements for firefighting equipment; and
    (5) Communication procedures.



Sec. 127.1307  Emergency Manual.

    (a) Each Emergency Manual must contain--
    (1) For each LHG handled--
    (i) A physical description of the LHG;
    (ii) A description of the hazards of the LHG;
    (iii) First-aid procedures for persons exposed to the LHG or 
itsvapors;
    (iv) The procedures for response to a release of the LHG; and,
    (v) If the LHG is flammable, the procedures for fighting a 
fireinvolving the LHG or its vapors;
    (2) A description of the emergency shutdown required bySec. 
127.1205;
    (3) The procedures for emergency shutdown;

[[Page 43]]

    (4) A description of the number, kind, place, and use of thefire 
equipment required by Sec. 127.1501(a) and of theportable fire 
extinguishers required by Sec. 127.1503;
    (5) The telephone numbers of local Coast Guard units, hospitals,fire 
departments, police departments, and other emergency-
responseorganizations;
    (6) If the facility has personnel shelters, the place of 
andprovisions in each shelter;
    (7) If the facility has first-aid stations, the location of 
eachstation;
    (8) Emergency procedures for mooring and unmooring a vessel; and,
    (9) If an off-site organization is to furnish emergency response,a 
copy of the written agreement required by Sec. 127.1505(a)(2).
    (b) The employee-emergency plan and fire-prevention plan requiredby 
OSHA in 29 CFR 1910.38 may be used to comply with this section tothe 
extent that they address the requirements specified in paragraphs(a) (1) 
through (9) of this section.

[CGD 88-049, 60 FR 39799, Aug. 3, 1995; 60 FR 49509,Sept. 26, 1995]



Sec. 127.1309  Operations Manual and Emergency Manual: Use.

    Each operator of a waterfront facility handling LHG shall 
ensurethat--
    (a) No transfer is conducted unless the facility has an 
examinedOperations Manual and an examined Emergency Manual;
    (b) Each transfer is conducted in accordance with the 
examinedOperations Manual; and
    (c) Each emergency response is conducted in accordance with 
theexamined Emergency Manual.



Sec. 127.1311  Motor vehicles.

    (a) When LHG is being transferred or stored in the marine 
transferarea of a waterfront facility handling LHG, the operator shall 
ensurethat no person--
    (1) Stops or parks a motor vehicle in a space other than adesignated 
parking space;
    (2) Refuels a motor vehicle within the area; or
    (3) Operates a vehicle or other mobile equipment that constitutesa 
potential source of ignition within 15 meters (49.2 feet) of anystorage 
container, manifold, loading arm, or independent mating flangecontaining 
a flammable liquid or vapor.
    (b) If motor vehicles are permitted to stop in the marine 
transferarea for LHG, the operator shall designate and mark parking 
spacesthat--
    (1) Do not block fire lanes;
    (2) Do not impede any entrances or exits; and
    (3) Are not located within 15 meters (49.2 feet) of any 
storagecontainer, manifold, loading arm, or independent mating 
flangecontaining a flammable liquid or vapor.



Sec. 127.1313  Storage of hazardous materials.

    (a) Each operator of a waterfront facility handling LHG shallensure 
that no materials listed in the table of hazardous materialsunder 49 CFR 
172.101, except for the following, are stored in themarine transfer area 
for LHG:
    (1) The LHG being transferred.
    (2) Fuel required by the vessel, or by emergency equipment in 
thearea.
    (3) Oily wastes received from vessels.
    (4) Solvents, lubricants, paints and similar materials in theamount 
required for one day's operations and maintenance.
    (b) The operator shall ensure that flammable liquids not stored 
inbulk are stored in accordance with Chapter 4 of NFPA 30.



Sec. 127.1315  Preliminary transfer inspection.

    Before each transfer, the person in charge of transfer for 
thefacility shall--
    (a) Inspect piping and equipment within the marine transfer areafor 
LHG to be used for transfer and ensure that it meets therequirements in 
this part;
    (b) Determine the contents, pressure, temperature, and capacity 
ofeach storage tank to or from which LHG will be transferred, to 
ensurethat it is safe for transfer;
    (c) Confer with the person in charge of transfer aboard thevessel, 
to review and agree on--
    (1) The sequence of acts required for transfer;

[[Page 44]]

    (2) The rate, maximum working pressure, and minimum 
workingtemperature of transfer;
    (3) The duties, stations, and watches of each person assigned 
fortransfer; and
    (4) The emergency procedures in the examined Emergency Manual;
    (d) Ensure that the vessel is securely moored and that thetransfer 
connections allow it to move to the limits of its mooringswithout 
placing a strain on the piping, hose, or loading arm used fortransfer;
    (e) Ensure that each part of the transfer system is aligned toallow 
the flow of LHG to the desired place;
    (f) Ensure the display of the warning signs required bySec. 
127.1113;
    (g) Ensure that the requirements of this part concerning smokingand 
fire protection are met;
    (h) Ensure that qualified personnel are on duty in accordance 
withthe examined Operations Manual and Sec. Sec. 127.1301 and127.1302; 
and
    (i) Test the following to determine that they are operable:
    (1) The communication system required by Sec. 127.1111.
    (2) The gas detectors required by Sec. 127.1203.



Sec. 127.1317  Declaration of Inspection.

    (a) Each person in charge of transfer for the facility shallensure 
that no person transfers LHG to or from a vessel until aDeclaration of 
Inspection that meets paragraph (c) of this section isexecuted and 
signed by both the person in charge aboard the vessel andthe person in 
charge for the facility.
    (b) No person in charge of transfer for the facility may sign 
theDeclaration unless that person has fulfilled the requirements ofSec. 
127.1315 and has indicated fulfillment of eachrequirement by writing his 
or her initials in the appropriate space onthe Declaration.
    (c) Each Declaration must contain--
    (1) The name of the vessel and that of the facility;
    (2) The date and time that the transfer begins;
    (3) A list of the requirements in Sec. 127.1315 with theinitials of 
both the person in charge aboard the vessel and the personin charge for 
the facility after each requirement, indicating thefulfillment of the 
requirement;
    (4) The signatures of both the person in charge aboard the vesseland 
the person in charge for the facility, and the date and time ofsigning, 
indicating that they are both ready to begin transfer; and
    (5) The signature of each relief person in charge and the date 
andtime of each relief.
    (d) The person in charge of transfer for the facility shall giveone 
signed copy of the Declaration to the person in charge of transferaboard 
the vessel and retain the other.
    (e) Each operator of a facility shall retain a signed copy of 
theDeclaration at the facility for 30 days after the transfer.



Sec. 127.1319  Transfer of LHG.

    (a) The operator of a waterfront facility handling LHG shallnotify 
the COTP of the time and place of each transfer of LHG in bulkat least 4 
hours before it begins.
    (b) During transfer, each operator of a waterfront facilityhandling 
LHG shall ensure that--
    (1) The marine transfer area for LHG is under the supervision of 
aperson in charge certified for transfers of LHG, who has no 
otherassigned duties during the transfer;
    (2) The person in charge supervises transfers only to or from 
onevessel at a time unless authorized by the COTP.
    (3) No person transferring fuel or oily waste is involved in 
thetransfer; and
    (4) No vessel is moored outboard of any LHG vessel unless allowedby 
the COTP or the examined Operations Manual of the facility.
    (c) During transfer, each person in charge of transfer for 
thefacility shall--
    (1) Maintain communication with the person in charge of 
transferaboard the LHG vessel;
    (2) Ensure that an inspection of the transfer piping and 
equipmentfor leaks, frost, defects, and other threats to safety takes 
place atleast once every transfer;
    (3) Ensure that--
    (i) Transfer of LHG is discontinued as soon as a release or fireis 
detected in the area or aboard the vessel; and

[[Page 45]]

    (ii) Transfer of flammable LHG is discontinued when electricalstorms 
or uncontrolled fires approach near the area; and
    (4) Ensure that the outdoor lighting required bySec. 127.1109 is 
turned on between sunset and sunrise.
    (d) Upon completion of transfer of LHG, each operator of awaterfront 
facility handling LHG shall ensure that hoses and loadingarms used for 
transfer are drained of LHG residue and depressurizedbefore 
disconnecting from the vessel.

    Note to Sec. 127.1319: Corresponding standards forvessels appear at 
46 CFR part 154.



Sec. 127.1321  Release of LHG.

    (a) Each operator of a waterfront facility handling LHG shallensure 
that--
    (1) No person intentionally releases LHG into the environment; and
    (2) If a release of LHG or its vapor threatens vessels or 
personsoutside the marine transfer area for LHG, they are notified by 
thewarning devices.
    (b) If LHG or its vapor is released, the person in charge oftransfer 
for the facility shall--
    (1) Immediately notify the person in charge of transfer aboard 
thevessel that transfer must be shut down;
    (2) Shut down transfer in coordination with the person aboard 
thevessel;
    (3) Notify the COTP of the release; and
    (4) Not resume transfer until authorized by the COTP.



Sec. 127.1325  Access to marine transfer area for LHG.

    Each operator of a waterfront facility handling LHG shall 
ensurethat--
    (a) Access to the marine transfer area for LHG from shoreside 
andwaterside is limited to--
    (1) Personnel who work in the area, transfer personnel, 
vesselpersonnel, and delivery and service personnel in the course of 
theirbusiness;
    (2) Federal, State, and local officials; and
    (3) Other persons authorized by the operator;
    (b) Each person allowed into the area is positively identified 
assomeone authorized to enter and that each person other than anemployee 
of the facility displays an identifying badge;
    (c) Guards are stationed, and fences or other devices areinstalled, 
to prevent, detect, and respond to unauthorized access,fires, and 
releases of LHG in the area, except that alternativemeasures approved by 
the COTP (such as electronic monitoring or randompatrols) will be 
sufficient where the stationing of guards isimpracticable; and
    (d) Coast Guard personnel are allowed access to the facility, atany 
time, to make any examination or to board any vessel moored at 
thefacility.

                               Maintenance



Sec. 127.1401  General.

    Each operator of a waterfront facility handling LHG shall ensurethat 
all cargo handling equipment is operable, and that no equipmentthat may 
cause the release or ignition of LHG is used in the marinetransfer area 
for LHG.



Sec. 127.1403  Inspections.

    (a) Each operator of a waterfront facility handling LHG shallconduct 
a visual inspection for defects of each pressure relief devicenot 
capable of being tested.
    (b) The operator shall conduct the inspection required byparagraph 
(a) of this section at least once each calendar year, withintervals 
between inspections not exceeding 15 months.



Sec. 127.1405  Repairs.

    Each operator of a waterfront facility handling LHG shall 
ensurethat--
    (a) Equipment is repaired so that--
    (1) The equipment continues to meet the applicable requirements 
inthis subpart; and
    (2) Safety is not compromised; and
    (b) Welding and cutting meet NFPA 51B.



Sec. 127.1407  Tests.

    (a) Each operator of a waterfront facility handling LHG shallconduct 
a static liquid-pressure test of the piping, hoses, andloading arms of 
the LHG-transfer system located in the marine transferarea for LHG, and 
shall verify the set pressure of the safety andrelief valves--
    (1) After the system or the valves are altered;

[[Page 46]]

    (2) After major repairs to the system or the valves;
    (3) After any increase in the MAWP of the system; and
    (4) At least once each calendar year, with intervals between 
testsnot exceeding 15 months.
    (b) The pressure for the test under paragraph (a) of this 
sectionmust be at least 1.1 times the MAWP and last for at least 30 
minutes.
    (c) The operator shall conduct a test of each pressure gauge, 
toensure that the displayed pressure is within 10 percent of the 
actualpressure, at least once each calendar year, with intervals 
betweentests not exceeding 15 months.
    (d) The operator shall conduct a test of each item of 
remoteoperating or indicating equipment, such as a remotely operated 
valve,at least once each calendar year, with intervals between tests 
notexceeding 15 months.
    (e) The operator shall conduct a test of the emergency 
shutdownrequired by Sec. 127.1205 at least once every two months, 
toensure that it will perform as intended. If transfers of LHG occurless 
often than every two months, the operator may conduct this testbefore 
each transfer instead of every two months.
    (f) The operator shall conduct a test of the warning alarmrequired 
by Sec. 127.1207 at least once every six months, toensure that it will 
perform as intended. If transfers of LHG occurless often than every six 
months, the operator may conduct this testbefore each transfer instead 
of every six months.



Sec. 127.1409  Records.

    (a) Each operator of a waterfront facility handling LHG shall keepon 
file:
    (1) A description of the components inspected or tested underSec. 
127.1403 or 127.1407.
    (2) The date and results of each inspection or test underSec. 
127.1403 or 127.1407.
    (3) A description of any repair made after the inspection or test.
    (4) The date and a description of each alteration or major repairto 
the LHG transfer system or its valves.
    (b) The operator shall keep this information on file for at least24 
months after the inspection, test, alteration, or major repair.

                         Firefighting Equipment



Sec. 127.1501  General.

    (a) The number, kind, and place of equipment for fire 
detection,protection, control, and extinguishment must be determined by 
anevaluation based upon sound principles of fire-protection 
engineering,analysis of local conditions, hazards within the waterfront 
facilityhandling LHG, and exposure to other property. A description of 
thenumber, kind, place, and use of fire equipment determined by 
thisevaluation must appear in the Emergency Manual for each facility. 
Theevaluation for each new facility and for all new construction on 
eachexisting facility must be submitted to the COTP for review when 
theemergency manual is submitted under Sec. 127.1307.
    (b) All fire equipment for each facility must be 
adequatelymaintained, and periodically inspected and tested, so it will 
performas intended.
    (c) The following must be red or some other conspicuous color andbe 
in places that are readily accessible:
    (1) Hydrants and standpipes.
    (2) Hose stations.
    (3) Portable fire extinguishers.
    (4) Fire monitors.
    (d) Fire equipment must bear the approval, if applicable, 
ofUnderwriters Laboratories, Inc., Factory Mutual Research 
Corporation,or other independent laboratory recognized by NFPA.

[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended byUSCG-1999-5832, 64 
FR 34714, June 29, 1999]



Sec. 127.1503  Portable fire extinguishers.

    Each operator of a waterfront facility handling LHG must 
provideportable fire extinguishers of appropriate, number, size, and 
kind inthe marine transfer area for LHG in accordance with NFPA 10.



Sec. 127.1505  Emergency response and rescue.

    (a) Each waterfront facility handling LHG must arrange foremergency 
response and rescue pending the arrival

[[Page 47]]

of resources forfirefighting or pollution control. Response and rescue 
may beperformed by facility personnel or by an off-site organization.
    (1) If response and rescue are performed by facility 
personnel,appropriate training and equipment for personnel protection 
must befurnished to those personnel. Training and equipment that meets 
29 CFR1910.120, hazardous-waste operations and emergency response, will 
beappropriate.
    (2) If response and rescue are performed by an off-siteorganization, 
the organization must enter into a written agreementwith the facility 
indicating the services it will perform and the timewithin which it will 
perform them to injured or trapped personnel.
    (b) [Reserved]



Sec. 127.1507  Water systems for fire protection.

    (a) Each waterfront facility handling LHG must have a supply ofwater 
and a means for distributing and applying the water to protectpersonnel; 
to cool storage tanks, equipment, piping, and vessels; andto control 
unignited leaks and spills in the marine transfer area forLHG except 
when the evaluation required by Sec. 127.1501(a)indicates otherwise. 
The evaluation must address fire protection forstructures, cargo, and 
vessels. Each water system must include on thepier or wharf at least one 
2\1/2\-inch supply line, one 2\1/2\-inchfire hydrant, and enough 2\1/2\-
inch hose to connect the hydrant tothe vessel.
    (b) Each water system must fully and simultaneously supply, for 
atleast 2 hours, all fixed fire-protection systems, including 
monitornozzles, at their designed flow and pressure for the worst 
singleincident foreseeable, plus 63 L/s (1000 gpm) for streams from 
hand-held hoses.



Sec. 127.1509  Equipment for controlling and extinguishing fires.

    (a) Within each marine transfer area for LHG of each 
waterfrontfacility handling LHG that transfers a flammable LHG, portable 
orwheeled fire extinguishers suitable for gas fires, preferably 
drychemical extinguishers, must be available at strategic sites, 
asdetermined by the evaluation required by Sec. 127.1501(a).
    (b) Fixed systems for extinguishing or controlling fires may 
beappropriate for protection against particular hazards. The 
evaluationrequired by Sec. 127.1501(a) may specify the use of one 
ormore of the following fixed systems:
    (1) Low-, medium-, or high-expansion foam.
    (2) Dry chemicals.
    (3) Water applied as deluge, spray, or sprinkle.
    (4) Carbon dioxide.
    (5) Other NFPA approved fire extinguishing media.



Sec. 127.1511  International shore connection.

    Each marine transfer area for LHG that receives foreign flagvessels 
must have an international shore connection meeting therequirements of 
ASTM F 1121 (incorporated by reference, seeSec. 127.003).

[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended byUSCG-2000-7223, 65 
FR 40057, June 29, 2000]

                             Fire Protection



Sec. 127.1601  Smoking.

    Each operator of a waterfront facility handling LHG shall ensurethat 
no person smokes in the marine transfer area for LHGunless--
    (a) Neither flammable LHG nor its vapors are present in the area;and
    (b) The person is in a place designated and marked in accordancewith 
local law.



Sec. 127.1603  Hotwork.

    Each operator of a waterfront facility handling LHG shall ensurethat 
no person conducts welding, torch cutting, or other hotwork onthe 
facility, or on a vessel moored to the facility, unless--
    (a) The COTP has issued a permit for that hotwork; and
    (b) The conditions of the permit are met.



Sec. 127.1605  Other sources of ignition.

    Each operator of a waterfront facility handling LHG shall ensurethat 
in the marine transfer area for LHG--
    (a) There are no open fires or open flame lamps;

[[Page 48]]

    (b) Heating equipment will not ignite combustible material;
    (c) Each chimney and appliance has a spark arrestor if it usessolid 
fuel or is located where sparks may ignite combustible material;and
    (d) All rubbish, debris, and waste go into appropriatereceptacles.

[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended byCGD 97-023, 62 FR 
33363, June 19, 1997]



PART 128_SECURITY OF PASSENGER TERMINALS--Table of Contents




                            Subpart A_General

Sec.
128.100 Does this part apply to me?
128.110 Definitions.
128.120 Incorporation by reference.

                       Subpart B_Security Program

128.200 What must my Terminal Security Plan cover?
128.210 What are the responsibilities of my terminalsecurity officer?
128.220 What must I do to report an unlawful act and relatedactivity?

          Subpart C_Plans and Procedures for Terminal Security

128.300 What is required to be in a Terminal Security Plan?
128.305 Who must submit a Terminal Security Plan?
128.307 What is the procedure for examination?
128.309 What do I do if I need to amend my Terminal SecurityPlan?
128.311 What is my right of appeal?

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

    Source: CGD 91-012, 61 FR 37654, July 18, 1996,unless otherwise 
noted.

    Editorial Note: For a document relating to clarificationof part 128, 
see 61 FR 51597, Oct. 3, 1996.



                            Subpart A_General



Sec. 128.100  Does this part apply to me?

    This part applies to all passenger terminals in the United Statesor 
its territories when being used for the assembling, 
processing,embarking, or disembarking of passengers or baggage for 
passengervessels over 100 gross tons, carrying more than 12 passengers 
forhire; making a voyage lasting more than 24 hours, any part of which 
ison the high seas. It does not apply to terminals when serving 
ferriesthat hold Coast Guard Certificates of Inspection endorsed 
for``Lakes, Bays, and Sounds'', and that transitinternational waters for 
only short periods of time, on frequentschedules.



Sec. 128.110  Definitions.

    The definitions in part 120 of this chapter apply to this 
part,except for the definition of You. As used in this part:
    You means the owner or operator of a passenger terminal.

[CGD 91-012, 63 FR 53591, Oct. 6, 1998]



Sec. 128.120  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-MSE),2100 Second Street SW., Washington, DC, and 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. Copies may be obtained from IMO, 4 
AlbertEmbankment, London SE1 7 SR.
    (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 to Prevent Unlawful Acts AgainstPassengers 
    and Crews on Board Ships September 26, 1986--128.220,128.300

[CGD 91-012, 61 FR 37654, July 18, 1996, as amended byUSCG-2002-12471, 
67 FR 41332, June 18, 2002; 69 FR18803, Apr. 9, 2004]

[[Page 49]]



                       Subpart B_Security Program



Sec. 128.200  What must my Terminal Security Plan cover?

    (a) If this part applies to your passenger terminal, you 
mustimplement for that terminal a program that--
    (1) Provides for the safety and security of persons and propertyin 
the terminal and aboard each passenger vessel subject to part 120of this 
chapter moored at the terminal, against unlawful acts;
    (2) Prevents or deters the carriage aboard any such vessel mooredat 
the terminal of any prohibited weapon, incendiary, or explosive onor 
about any person or within his or her personal articles or baggage,and 
the carriage of any prohibited weapon, incendiary, or explosive instowed 
baggage, cargo, or stores;
    (3) Prevents or deters unauthorized access to any such vessel andto 
restricted areas in the terminal;
    (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 terminal, a vessel, or any person aboardthe 
vessel or terminal;
    (5) Designates, by name, a security officer for the terminal;
    (6) Provides for the evaluation of all security personnel of 
theterminal, before hiring, to determine suitability for employment; and
    (7) Provides for coordination with vessel security while 
anypassenger vessel subject to part 120 of this chapter is moored at 
theterminal.
    (b) If this part applies to your passenger terminal, you must 
workwith the operator of each passenger vessel subject to part 120 of 
thischapter, to provide security for the passengers, the terminal, and 
thevessel. You need not duplicate any provisions fulfilled by the 
vesselunless directed to by the COTP. When a provision is fulfilled by 
avessel, the applicable section of the Terminal Security Plan requiredby 
Sec. 128.300 must refer to that fact.

[CGD 91-012, 63 FR 53591, Oct. 6, 1998]



Sec. 128.210  What are the responsibilities of my terminal security officer?

    (a) If this part applies to your passenger terminal, you 
mustdesignate a security officer for the terminal.
    (b) This officer must ensure that--
    (1) An initial comprehensive security survey is conducted 
andupdated;
    (2) The Terminal Security Plan required by Sec. 128.300is 
implemented and maintained, and that amendments to correct 
itsdeficiencies and satisfy the security requirements of the terminal 
areproposed;
    (3) Adequate training for personnel responsible for security 
isprovided;
    (4) Regular security inspections of the terminal are conducted;
    (5) Vigilance is encouraged, as well as is general awareness 
ofsecurity, at the terminal;
    (6) All occurrences or suspected occurrences of unlawful acts 
andrelated activities are reported under Sec. 128.220 andrecords of the 
incident are maintained; and
    (7) Coordination, for implementation of the Terminal Security 
Planrequired by Sec. 128.300, takes place with the vesselsecurity 
officer of each vessel that embarks or disembarks passengersat the 
terminal.

[CGD 91-012, 63 FR 53592, Oct. 6, 1998]



Sec. 128.220  What must I do to report an unlawful act and related activity?

    (a) Either you or the terminal security officer must report 
eachbreach of security, unlawful act, or threat of an unlawful act 
againstthe terminal, a passenger vessel subject to part 120 of this 
chapterdestined for or moored at that terminal, or any person aboard 
theterminal or vessel, to the COTP, to the local office of the 
FederalBureau of Investigation (FBI), and to the local police agency 
havingjurisdiction over the terminal.
    (b) Either you or the terminal security officer must file awritten 
report of the incident using the form ``Report on anUnlawful Act,'' 
contained in IMO MSC Circular 443, as soon aspossible, to the local 
COTP.

[CGD 91-012, 63 FR 53592, Oct. 6, 1998]

[[Page 50]]



          Subpart C_Plans and Procedures for Terminal Security



Sec. 128.300  What is required to be in a Terminal Security Plan?

    (a) If your passenger terminal is subject to this part, you 
mustdevelop and maintain, in writing, for that terminal, an 
appropriateTerminal Security Plan that articulates the program required 
bySec. 128.200.
    (b) The Terminal Security Plan must be developed and maintainedunder 
the guidance in IMO MSC Circular 443 and must address thesecurity of 
passengers aboard passenger vessels subject to part 120 ofthis chapter, 
of members of crews of such vessels, and of employees ofthe terminal, by 
establishing security measures to take for SecurityLevels I, II, and 
III, to--
    (1) Deter unauthorized access to the terminal and its 
restrictedareas and to any passenger vessel moored at the terminal;
    (2) Deter the introduction of prohibited weapons, incendiaries,and 
explosives into the terminal and its restricted areas and onto 
anypassenger vessel moored at the terminal;
    (3) Encourage vigilance, as well as general awareness of security,at 
the terminal;
    (4) Provide adequate security training to employees of theterminal;
    (5) Coordinate responsibilities for security with the operator 
ofeach vessel that embarks or disembarks passengers at the terminal; and
    (6) Provide information to employees of the terminal and to law-
enforcement personnel, in case of an incident affecting security.
    (c) You must amend the Terminal Security Plan to address any 
knowndeficiencies.
    (d) You must restrict the distribution, disclosure, andavailability 
of information contained in the Terminal Security Plan tothose persons 
with an operational need to know.

[CGD 91-012, 63 FR 53592, Oct. 6, 1998]



Sec. 128.305  Who must submit a Terminal Security Plan?

    (a) The owner or operator of the vessel must submit a 
TerminalSecurity Plan whenever--
    (1) There is an agreement with you that the owner or operator ofthe 
vessel will submit the Plan;
    (2) The owner or operator of the vessel has exclusive use of thepier 
and terminal building immediately adjacent to the pier and hascomplete 
control of that area;
    (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, the owner or operator of the vessel may, with thepermission of 
the cognizant COTP, use an annex to the vessel'ssecurity plan instead of 
a Terminal Security Plan.
    (c) You must submit a Terminal Security Plan whenever--
    (1) There is an agreement with the owner or operator of the 
vesselthat you 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.

[CGD 91-012, 63 FR 53592, Oct. 6, 1998]



Sec. 128.307  What is the procedure for examination?

    (a) Unless a plan for your passenger terminal will be submitted byan 
entity other than yourself under Sec. 128.305 orSec. 120.303 of this 
chapter, you must submit two copies ofeach Terminal Security Plan 
required by Sec. 128.300 to theCOTP for examination at least 60 days 
before transferring passengersto or from a vessel subject to part 120 of 
this chapter.
    (b) If the COTP finds that the Terminal Security Plan meets 
therequirements of Sec. 128.300, he or she will return a copyto you 
marked ``Examined by the Coast Guard.''
    (c) If the COTP finds that the Terminal Security Plan does notmeet 
the requirements of Sec. 128.300, he or she will returnthe Plan with an 
explanation of why it does not meet them.
    (d) No terminal subject to this part may transfer passengers to 
orfrom a passenger vessel subject to part 120 of this chapter, unless 
itholds either a

[[Page 51]]

Terminal Security Plan that we have examined or aletter from the COTP 
stating that we are currently reviewing the Planand that normal 
operations may continue until the COTP has determinedwhether the Plan 
meets the requirements of Sec. 128.300.

[CGD 91-012, 63 FR 53592, Oct. 6, 1998]



Sec. 128.309  What do I do if I need to amend my Terminal Security Plan?

    (a) If your passenger terminal is subject to this part, you 
mustamend your Terminal Security Plan when directed by the COTP, and 
mayamend it on your own initiative.
    (b) You must submit each proposed amendment to the TerminalSecurity 
Plan you initiate to the COTP for review at least 30 daysbefore the 
amendment is to take effect, unless he or she allows ashorter period. 
The COTP will examine the amendment and respondaccording to Sec. 
128.307.
    (c) The COTP may direct you to amend your Terminal Security Planif 
he or she determines that implementation of the Plan is notproviding 
effective security. Except in an emergency, he or she willissue you a 
written notice of matters to address and will allow you atleast 60 days 
to submit proposed amendments.
    (d) If there is an emergency or other circumstance that makes 
theprocedures in paragraph (c) of this section impracticable, the 
COTPmay give you an order to implement increases in security 
immediately.The order will incorporate a statement of the reasons for 
it.

[CGD 91-012, 63 FR 53593, Oct. 6, 1998]



Sec. 128.311  What is my right of appeal?

    Any person directly affected by a decision or action taken by 
theCOTP under this part, may appeal that action or decision to 
thecognizant District Commander according to the procedures in 46 
CFR1.03-15; the District Commander's decision on appeal may befurther 
appealed to the Commandant according to the procedures in 46CFR 1.03-25.

[CGD 91-012, 61 FR 37654, July 18, 1996. Redesignatedby CGD 91-012, 63 
FR 53592, Oct. 6, 1998]
      

[[Page 53]]

                                  INDEX

                     SUBCHAPTER L_WATERFRONT FACILITIES

  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 waterfront facilities, and port and harbor 
areas,including vessels and harbor craft therein..................125.15
Action by the Commandant..........................................125.45
Action by the Commandant, after appeal............................125.49
Alternatives.....................................................127.017
Appeal(s)................................................125.47, 127.015
Appeal, right to.................................................128.311
Applicability...........................................127.001, 128.100
Applications......................................................125.21
Applications, aliens..............................................125.25
Applications, challenges to.......................................125.41
Applications, insufficient information............................125.29
Applications, previously denied...................................125.57
Applications, sponsorship.........................................125.27
Applications, United States citizens..............................125.23
Approval of applicant by Commandant...............................125.31

                                 B

Bulk storage.....................................................127.313

                                 C

Captain of the Port...............................................125.05
Identification Cards..............................................125.13
Cargoes
Ammonium nitrate, ammonium nitrate fertilizers, 
fertilizermixtures, or nitro carbo nitrate; general provisions....126.28
Cargoes of particular hazard.......................................126.3
Dangerous cargo....................................................126.3
Designated dangerous cargo.........................................126.3
Supervision and control...........................................126.29
Challenges........................................................125.41
Coast Guard Port Security Card
Form of...........................................................125.11
Holders of........................................................125.33
Outstanding applications..........................................125.55
Period of validity................................................125.12
Persons eligible..................................................125.17
Replacement of lost card..........................................125.51
Standards.........................................................125.19
Commandant, action by the.........................................125.45

[[Page 54]]

After appeal......................................................125.49
Approval of applicant.............................................125.31
Commandant,.......................................................125.01
Notice by.........................................................125.35
Communications systems...........................................127.111

                                 D

Definitions......................................126.3, 127.005, 128.110
Design and construction..........................................127.101
Design and Construction
Communications systems..........................................127.1111
Electrical systems..............................................127.1107
Layout and spacing of marine transfer area for LHG..............127.1105
Lighting systems................................................127.1109
Piers and wharves...............................................127.1103
Piping systems..................................................127.1101
Transfer hoses and loading arms.................................127.1102
Warning signs...................................................127.1113
District Commander................................................125.03

                                 E

Electrical power systems.........................................127.107
Equipment
Emergency shutdown.....................................127.205, 127.1205
Gas detectors, portable................................127.203, 127.1203
Respiratory protection..........................................127.1209
Sensing and alarm systems........................................127.201
Warning alarms.........................................127.207, 127.1207

                                 F

Facilities
Arrangement of..............................................126.15(b)(1)
Designated waterfront facility....................................126.13
Designated waterfront facility, conditions for....................126.15
Designation of....................................................126.13
Electrical wiring...........................................126.15(b)(3)
``Facility of particular hazard'', conditions fordesignating......126.16
Fire extinguishing equipment................................126.15(a)(1)
Guards (Facilities).........................................126.15(a)(7)
Heating equipment and open fires............................126.15(b)(4)
Lighting....................................................126.15(a)(4)
Maintenance stores and supplies.............................126.15(b)(5)
Rubbish and waste material.................................126.15(a)(11)
Smoking....................................................126.15(a)(10)
Warning alarms.................................................126.16(b)
Firefighting/Firefighting Equipment
Dry chemical systems.............................................127.609
Emergency outfits................................................127.605
Emergency response and rescue...................................127.1505
Equipment for controlling and extinguishing fires...............127.1509
Fire equipment; general..........................................127.601
Fire main systems................................................127.607
Fires............................................................127.615
General.........................................................127.1501
Hotwork..........................................................127.617
International shore connection.........................127.611, 127.1511

[[Page 55]]

Portable fire extinguishers............................127.603, 127.1503
Smoking..........................................................127.613
Water systems for fire protection...............................127.1507
Fire Protection
Hotwork.........................................................127.1603
Other sources of ignition.......................................127.1605
Smoking.........................................................127.1601

                                 G

Great Lakes.......................................................125.08

                                 H

Handling of class 1 (explosive) materials or other 
dangerouscargoes within or contiguous to waterfront facilities......Part 
                                                                     126
Hearing(s)
Boards............................................................125.37
Procedure.........................................................125.43
Notice by.........................................................125.39

                                 I

Identification Cards, Captain of the Port.........................125.13
Identification Credentials........................................125.09
Identification credentials for persons requiring access 
towaterfront facilities or vessels..............................Part 125
Incorporation by reference.......................126.5, 127.003, 128.120
Inspections of waterfront facilities.............................127.011
International Maritime Organization.............................128.120a

                                 L

Layout and spacing of marine transfer area for LNG...............127.105
Letter of intent.................................................127.007
Letter of recommendation.........................................127.009
Lighting systems.................................................127.109

                                 M

Maintenance
General................................................127.401, 127.1401
Inspections............................................127.403, 127.1403
Records................................................127.409, 127.1409
Repairs................................................127.405, 127.1405
Testing................................................127.407, 127.1407

                                 N

Notice by Commandant..............................................125.35

                                 O

Operations
Bulk storage.....................................................127.313
Declaration of Inspection........................................127.317
Emergency Manual.......................................127.307, 127.1307
LNG release......................................................127.321
LNG transfer.....................................................127.319
Motor vehicles...................................................127.311
Operations Manual and Emergency Manual; use of...................127.309

[[Page 56]]

Operations Manual......................................127.305, 127.1305
Qualifications and certification of persons in charge of 
shoresidetransfer operations...........................127.301, 127.1301
Suspension order, compliance with................................127.303
Suspension order, compliance with...............................127.1303
Training........................................................127.1302
Transfer inspection, preliminary.................................127.315
Operations Manual and Emergency Manual; Examinationprocedures....127.019

                                 P

Penalties
Handling dangerous cargo without a permit.........................126.33
Handling designated dangerous cargo without a permit..............126.25
Permits
For handling dangerous cargo......................................126.27
For handling designated dangerous cargo...........................126.19
Termination of general permits....................................126.31
Termination or suspension of permits..............................126.23
Transactions......................................................126.21
Personnel Training
Applicability....................................................127.501
Training, general................................................127.503
Piers and wharves................................................127.103
Plan
Amendment........................................................128.309
Examination procedure............................................128.307
General..........................................................128.300
Port Security Card, form of.......................................125.11
Port Security Card, period of validity............................125.12
Port Security Card, Replacement of lost...........................125.51
Primary Responsibility............................................126.35

                                 R

Reporting of unlawful acts and related activities................128.220

                                 S

Security
Access to the marine transfer area for LNG.......................127.703
Communications...................................................127.711
On existing facilities...........................................127.701
Personnel........................................................127.707
Protective enclosures............................................127.709
Systems..........................................................127.705
Security of passenger terminals.................................Part 128
Separability......................................................126.37
Standards.........................................................125.19
Suspension of transfer operations................................127.013

                                 T

Terminal security officer........................................128.210

                                 U

United States citizens............................................125.23

[[Page 57]]

                                 V

Vessel credential requirements....................................125.53

                                 W

Warning signs....................................................127.113
Waterfront facility...............................................125.07
Waterfront Facilities handling Liquefied Hazardous Gas.........Subpart C
Waterfront Facilities handling Liquefied Natural Gas...........Subpart B
Waterfront facilities handling liquefied natural gas and 
liquefiedhazardous gas..........................................Part 127
Applicability....................................................127.001
Western Rivers....................................................125.06

[[Page 58]]



 SUBCHAPTER M_MARINE POLLUTION FINANCIAL RESPONSIBILITYAND COMPENSATION





PART 133_OIL SPILL LIABILITY TRUST FUND;STATE ACCESS--Table of Contents




Sec.
133.1 Purpose.
133.3 Definitions.
133.5 Requests: General.
133.7 Requests: Amount.
133.9 Requests: Where made.
133.11 Requests: Contents.
133.13 Removal actions eligible for funding.
133.15 Determination of eligibility for funding.
133.17 Conduct of removal actions.
133.19 Recordkeeping.
133.21 Records retention.
133.23 Investigation to determine the source and responsibleparty.
133.25 Notification of Governor's designee.

    Authority: 33 U.S.C. 2712(e); E.O. 12777 (3 CFR, 1991Comp., p. 351); 
49 CFR 1.46.

    Source: CGD 92-014, 57 FR 53969, Nov. 13, 1992,unless otherwise 
noted.



Sec. 133.1  Purpose.

    This part prescribes procedures for the Governor of a State 
torequest payments from the Oil Spill Liability trust Fund (the Fund)for 
oil pollution removal costs under section 1012(d)(1) of the OilPollution 
Act of 1990 (the Act) (33 U.S.C. 2712(d)(1)).



Sec. 133.3  Definitions.

    (a) As used in this part, the following terms have the samemeaning 
as set forth in section 1001 of the Act (33 U.S.C. 2701):``discharge'', 
``exclusive economic zone'',``Fund'', ``incident'', 
``NationalContingency Plan'', ``navigable waters'',``oil'', ``remove'', 
``removal'',``removal costs'', ``responsible party'',``State'', and 
``United States''.
    (b) As used in this part--
    Act means Title I of the Oil Pollution Act of 1990 (33U.S.C. 2701 
through 2719).
    Director, NPFC, means the person in charge of the U.S. CoastGuard 
National Pollution Funds Center or that person's 
authorizedrepresentative.
    NPFC means the U.S. Coast Guard National Pollution FundsCenter, 4200 
Wilson Boulevard, suite 1000, Arlington, Virginia22203-1804.
    On-Scene Coordinator or OSC means the Federal officialpredesignated 
by the Environmental Protection Agency or the U.S. CoastGuard to direct 
and coordinate all efforts for removal of a discharge,or the mitigation 
or the prevention of a substantial threat of adischarge, of oil.
    Removal action means an incident-specific activity takenunder this 
part to contain or remove a discharge, or to mitigate orprevent a 
substantial threat of a discharge, of oil.



Sec. 133.5  Requests: General.

    (a) Upon a request submitted in accordance with this part by 
theGovernor of a State or his or her designated State official, the 
OSCmay obtain a Federal Project Number (FPN) and a ceiling not to 
exceed$250,000 per incident for removal costs. The removal costs must be 
forthe immediate removal of a discharge, or the mitigation or 
preventionof a substantial threat of a discharge, of oil.
    (b) Before a request under this part is made, the State 
officialshall ensure that the procedures in the National Contingency 
Plan (40CFR part 300) for notifying Federal authorities of the discharge 
orthreat of discharge have been met.
    (c) The Federal Grant and Cooperative Agreement Act of 1977 
(31U.S.C. 6301-6308) and 49 CFR parts 18, 20, 29, and 90 apply toFund 
monies obligated for payment under this part.



Sec. 133.7  Requests: Amount.

    (a) The amount of funds that may be requested under thispart--
    (1) Is limited to the amount anticipated for immediate removalaction 
for a single oil pollution incident, but, in any event, may notexceed 
$250,000 per incident;
    (2) Must be for removal costs consistent with the 
NationalContingency Plan; and
    (3) Must be reasonable for the removal actions proposed,considering 
such factors as quantity and composition of the oil,weather conditions 
and

[[Page 59]]

customary costs of similar services in thelocale.
    (b) The funds requested are obligated only to the extent they 
aredetermined to be for immediate removal actions which are 
reasonableand otherwise eligible for payment under this part.



Sec. 133.9  Requests: Where made.

    Requests for access to the Fund under Sec. 133.5 must bemade by 
telephone or other rapid means to the OSC.



Sec. 133.11  Request: Contents.

    In making a request for access to the Fund, the person making 
therequest shall--
    (a) Indicate that the request is a State access request under 33CFR 
part 133;
    (b) Give his or her name, title, department, and State;
    (c) Describe the incident in sufficient detail to allow 
adetermination of jurisdiction, including at a minimum the date of 
theoccurrence, type of product discharged, estimated quantity of 
thedischarge, body of water involved, and proposed removal actions 
forwhich funds are being requested under this part; and
    (d) Indicate the amount of funds being requested.



Sec. 133.13  Removal actions eligible for funding.

    To be eligible for funding under this part, each removal actionmust 
meet the following:
    (a) Must be for an incident, occurring after August 18, 1990,which 
resulted in a discharge, or the substantial threat of adischarge, of oil 
into or upon the navigable waters or adjoiningshorelines.
    (b) Must comply with the National Contingency Plan.
    (c) Must be an immediate removal action.



Sec. 133.15  Determination of eligibility for funding.

    Upon receipt of the information under Sec. 133.11 and,if necessary, 
from other sources determined to be appropriate at hisor her discretion, 
the OSC will determine whether the proposed removalactions meet the 
requirements of Sec. 133.13. If necessary,the OSC may seek further 
clarification of the proposed actions fromthe State official. The OSC 
shall expeditiously notify the Stateofficial and the Director, NPFC, of 
his or her decision.



Sec. 133.17  Conduct of removal actions.

    Removal actions funded under this part must be coordinated withthe 
OSC and conducted in accordance with the National ContingencyPlan.



Sec. 133.19  Recordkeeping.

    (a) The State official shall maintain detailed records 
ofexpenditures made from the funds provided under this part, 
includingrecords of--
    (1) Daily expenditures for each individual worker, giving 
theindividual's name, title or position, activity performed, time 
ontask, salary or hourly rate, travel costs, per diem, out-of-pocket 
orextraordinary expenses, and whether the individual is 
normallyavailable for oil spill removal;
    (2) Equipment purchased or rented each day, with the daily orhourly 
rate;
    (3) Miscellaneous materials and expendables purchased each day;and
    (4) Daily contractor or consultant fees, including costs for 
theirpersonnel and contractor-owned or rented equipment, as well as that 
ofany subcontractor.
    (b) The State official shall submit a copy of these records and 
asummary document stating the total of all expenditures made to theNPFC 
official specified in Sec. 133.25(c) within thirty daysafter completion 
of the removal actions. A copy of these documentsshall also be submitted 
to the cognizant OSC.
    (c) Upon request of the OSC or the NPFC, the State official 
shallmake the original records available for inspection.
    (d) If, after inspecting the records, the Director, NPFC,determines 
that expenditures by a State official from funds obligatedunder this 
part were not eligible for funding under this part and theexpenditures 
were not made with the good faith understanding that theywere eligible 
under this part, the Director, NPFC, may seekreimbursement to the Fund 
from the State.

[[Page 60]]



Sec. 133.21  Records retention.

    (a) The State official shall maintain all records for ten 
yearsfollowing completion of the removal actions.
    (b) If any litigation, claim, negotiation, audit, cost recovery,or 
other action involving the records has been started before theexpiration 
of the ten-year period, the records must be retained untilcompletion of 
the action and resolution of all issues which arise fromit, or until the 
end of the regular ten-year period, whichever islater.



Sec. 133.23  Investigation to determine the source and responsible party.

    (a) The State official shall promptly make a thoroughinvestigation 
to determine the source of the incident and theresponsible party.
    (b) Upon completion of the investigation, the State official 
shallforward the results of the investigation and copies of the 
supportingevidence identifying the source and the responsible party to 
both thecognizant OSC and the NPFC official specified inSec. 133.25(c).



Sec. 133.25  Notification of Governor's designee.

    (a) If the Governor of a State anticipates the need to access 
theFund under this part, he or she must advise the NPFC in writing of 
thespecific individual who is designated to make requests under 
thispart.
    (b) This designation must include the individual's name, 
address,telephone number, and title or capacity in which employed.
    (c) The information required by paragraph (b) of this section mustbe 
forwarded to the Chief, Case Management Division, NationalPollution 
Funds Center, Suite 1000, 4200 Wilson Boulevard, Arlington,Virginia 
22203-1804.



PART 135_OFFSHORE OIL POLLUTION COMPENSATIONFUND--Table of Contents




                            Subpart A_General

Sec.
135.1 Purpose.
135.3 Applicability.
135.5 Definitions.
135.7 Delegation--Fund Administrator.
135.9 Fund address.

                         Subpart B_Levy of Fees

135.101 Purpose.
135.103 Levy and payment of barrel fee on OCS oil.

       Subpart C_Financial Responsibility for Offshore Facilities

135.201 Applicability.
135.203 Amount required.
135.204 Submission of evidence.
135.205 Methods of establishing.
135.207 Insurance as evidence.
135.209 Guaranty as evidence.
135.210 Indemnity as evidence.
135.211 Surety bond as evidence.
135.213 Qualification as self-insurer.
135.215 Certification.
135.219 Notification of changes affecting certification.
135.221 Reapplication for certification.
135.223 Certificates, denial or revocation.

              Subpart D_Notification of Pollution Incidents

135.303 Definitions.
135.305 Notification procedures.
135.307 Notification contents.

                 Subpart E_Access, Denial, and Detention

135.401 Access to vessel, Certificates of FinancialResponsibility.
135.403 Sanctions for failure to produce vessel Certificatesof Financial 
          Responsibility.
135.405 Appeal provisions.

    Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR54757; Department 
of Homeland Security Delegation No. 0170.1, para.2(80).

    Source: CGD 77-055, 44 FR 16868, Mar. 19, 1979,unless otherwise 
noted.



                            Subpart A_General



Sec. 135.1  Purpose.

    (a) This part prescribes the policies, procedures, andadministrative 
practices regarding offshore oil pollution liabilityand compensation, 
including the administration and general operationof the fund 
established under Title III of the Outer Continental ShelfLands Act 
Amendments of 1978 (Pub. L. 95-372, 43 U.S.C. 1811et. seq.).



Sec. 135.3  Applicability.

    (a) This part applies to each person who:
    (1) Owns oil obtained from the Outer Continental Shelf when theoil 
in produced;

[[Page 61]]

    (2) Owns, operates, or is the guarantor of the owner oroperator of 
any vessel;
    (3) Owns, operates, or is the guarantor of the owner or operatorof 
any offshore facility;
    (4) Sustains an economic loss as a consequence of oil 
pollutionarising from Outer Continental Shelf activities; or
    (5) Otherwise has responsibilities under Title III of the Act andthe 
regulations in this part.



Sec. 135.5  Definitions.

    (a) As used in this part, the following terms shall have the 
samemeaning as defined in section 301 of Title III of the 
OuterContinental Shelf Lands Act Amendments of 1978 (Pub. L.95-372): 
``barrel''; ``claim'';``discharge''; ``facility'';``Fund''; 
``guarantor'';``incident''; ``offshore facility'';``oil pollution''; 
``operator'';``owner''; ``person''; ``person incharge''; ``public 
vessel''; and``vessel''.
    (b) As used in this part:
    (1) Act means Title III of the Outer Continental Shelf LandsAct 
Amendments of 1978 (Pub. L. 95-372), entitled``Offshore Oil Spill 
Pollution Fund''.
    (2) Captain of the Port means a Coast Guard officerdesignated as 
Captain of the Port for the areas described in Part 3 ofthis chapter, or 
that person's authorized representative or, wherethere is no Captain of 
the Port area, the District Commander.
    (3) Commandant means the Commandant of the Coast Guard orthat 
person's authorized representative.
    (4) District Commander means the Coast Guard officercommanding a 
Coast Guard District described in Part 3 of this chapter,or that 
person's authorized representative.
    (5) Fund Administrator means the person to whom theauthority and 
functions of the Commandant as administrator of the Fundare delegated.
    (6) Oil means petroleum, including crude oil or any fractionor 
residue therefrom and natural gas condensate, except that the termdoes 
not include natural gas.
    (7) Outer Continental Shelf or OCS means ``outerContinental Shelf'' 
as defined in section 2(a) of the OuterContinental Shelf Lands Act (43 
U.S.C.1331(a)).



Sec. 135.7  Delegation--Fund Administrator.

    (a) The Fund Administrator is delegated authority to perform 
thosefunctions assigned or delegated to the Secretary of 
Transportationunder the Act not reserved by the Secretary of 
Transportation or theCommandant.
    (b) The Fund Administrator may redelegate and authorize 
successiveredelegations of the authority granted in paragraph (a) of 
thissection within the command under which that person has jurisdiction 
orto members of the Fund staff.



Sec. 135.9  Fund address.

    The address to which correspondence relating to the Coast 
Guard'sadministration of the Fund should be directed is: U.S. Coast 
GuardNational Pollution Funds Center, 4200 Wilson Boulevard, Suite 
1000,Arlington, VA 22203-1804.

[CGD 86-032, 52 FR 23175, June 18, 1987, as amended byCGD 88-052, 53 FR 
25120, July 1, 1988;USCG-1998-3799, 63 FR 35530, June 30, 1998]



                         Subpart B_Levy of Fees



Sec. 135.101  Purpose.

    (a) The purpose of this subpart is to state the generalrequirements 
concerning the levy of fees.



Sec. 135.103  Levy and payment of barrel fee on OCS oil.

    (a) A fee of $.03 per barrel is levied on all oil produced on theOCS 
and is imposed upon the owner of the oil when such oil isproduced.
    (b) The owner of oil obtained from the OCS shall, for the purposeof 
computing the barrel fee levied in paragraph (a) of this section,measure 
OCS oil production by employing the methods and criteria ofthe Minerals 
Management Service contained in 30 CFR 250.180.
    (c) The barrel fee levied in paragraph (a) of this section 
applieswhenever the unobligated Fund balance is less than $200,000,000.

[[Page 62]]

    (d) Payment of the fee levied in paragraph (a) of this sectionis 
made in accordance with the fee collection regulations of the IRSat 26 
CFR part 301, Sec. 301.9001. Federal governmententitlement to royalty 
oil does not constitute ownership of oil attime of production. The Fund 
Administrator advises the IRS when theunobligated Fund balance requires 
starting or stopping the collectionof the barrel fee levied in this 
section, so the IRS may provideappropriate notice to affected owners of 
OCS oil.

[CGD 88-050, 53 FR 52997, Dec. 30, 1988, as amended byCGD 90-005, 55 FR 
17268, Apr. 24, 1990]



       Subpart C_Financial Responsibility for Offshore Facilities



Sec. 135.201  Applicability.

    (a) This subpart applies to the owner or operator of each 
offshorefacility required by the Act to establish and maintain evidence 
offinancial responsibility.
    (b) For the purpose of this subpart:
    (1) All structures, including platforms, wells, and pipelines, 
areconsidered a single offshore facility if they are 
physicallyconnected, located upstream of the point of custody transfer, 
withinthe same oil field, and under one ownership.
    (2) If separate parts of a structure, including platforms 
andpipelines, are owned separately, each part having common ownership 
isconsidered a separate offshore facility.
    (3) A mobile offshore drilling unit is considered an 
offshorefacility from the moment a drill shaft or other device connected 
tothe unit first touches the seabed or connects to a well for 
thepurposes of exploration, development, or production of oil 
untildrilling is completed and the unit is no longer attached to the 
wellor drill hole by any device.
    (4) A mobile offshore drilling unit considered an offshorefacility 
under paragraph (b)(3) of this section remains a separatefacility when 
physically connected to another offshore facility,unless both are under 
one ownership.
    (5) All segments of a common carrier pipeline from the point 
ofcustody transfer to the shore, including any pumping or 
boosterstations, which are under one ownership are considered a 
singleoffshore facility.
    (6) Any pipeline, which is under one ownership, between twooffshore 
facilities, or between an offshore facility and the shore, isconsidered 
a single offshore facility.
    (7) Offshore facilities which drill for, produce, or process 
onlynatural gas are not subject to this subpart unless the facilities 
havethe capacity to transport, store, or otherwise handle more than 
1,000barrels of condensate at any one time.
    Note: Regulations governing financial responsiblity andcertification 
for vessels are promulgated by the Federal MaritimeCommission.



Sec. 135.203  Amount required.

    (a) Each facility that is used for drilling for, producing, 
orprocessing oil, or which has the capacity to transport, 
store,transfer, or otherwise handle more than one thousand barrels of 
oil atany one time must be covered by evidence of financial 
responsibilitysubmitted by or on behalf of the owner or operator of the 
facility, inthe amount of $35,000,000.
    (b) Evidence of financial responsibility established andmaintained 
by a person who owns or operates more than one facility, orwho has an 
interest in the ownership or operation of more than onefacility, may be 
applied by that person towards establishing andmaintaining the required 
evidence of financial responsibility for eachfacility in which that 
person has an interest, if the evidence isavailable to satisfy 
liabilities arising out of incidents involvingthose facilities.



Sec. 135.204  Submission of evidence.

    (a) Where the offshore facility is owned and operated solely byone 
person, that person must establish and maintain evidence offinancial 
responsibility covering the facility.
    (b) Where the offshore facility is owned in its entirety by 
oneperson and operated solely by another person, evidence of 
financialresponsibility covering the facility must be established 
andmaintained by either the owner or the operator, or, in 
consolidatedform, by both the owner and operator.

[[Page 63]]

    (c) Where the offshore facility is owned or operated by morethan one 
person, evidence of financial responsibility covering thefacility must 
be established and maintained by any one of the ownersor operators, or, 
in consolidated form, by or on behalf of two or moreowners or operators.
    (d) When evidence of financial responsibility is established in 
aconsolidated form, the proportional share of each participant must 
beshown. The evidence must be accompanied by a statement authorizing 
theapplicant to act for and in behalf of each participant in 
submittingand maintaining the evidence of financial responsibility.
    (e) Each owner and operator of a facility is subject to thepenalty 
provided by section 312(a) of the Act if evidence of 
financialresponsibility is not established and maintained for that 
facility.



Sec. 135.205  Methods of establishing.

    (a) Evidence of financial responsibility may be established by 
anyone, or any combination acceptable to the Fund Administrator, of 
thefollowing methods:
    (1) Insurance;
    (2) Guaranty;
    (3) Indemnity;
    (4) Surety bond; or
    (5) Qualification as self-insurer.
    (b) The Fund Administrator will accept alternative evidence 
offinancial responsibility if, in the Fund Administrator's opinion, 
itestablishes an equivalent degree of financial responsibility for 
thepurposes of this subpart.



Sec. 135.207  Insurance as evidence.

    (a) Insurance filed with the Fund Administrator as evidence 
offinancial responsibility shall be issued by an insurer that 
isacceptable to the Fund Administrator. Those insurers may 
includedomestic and foreign insurance companies, corporations or 
associationsof individual insurers, protection and indemnity 
associations, orother persons acceptable to the Fund Administrator.
    (b) An insurer must:
    (1) Agree to be sued directly, within the limits of the 
policycoverage, by any person for claims under the Act against the owner 
oroperator; and
    (2) Designate an agent in the United States for service ofprocess.
    (c) Insurance as evidence of financial responsibility mustindicate 
the effective date in the endorsement on the application forCertificate 
of Financial Responsibility, and must remain in forceuntil the date of 
termination indicated in the endorsement oruntil--
    (1) 30 days after mailing, by certified mail, to the 
FundAdministrator, and the person insured, notification of intent 
tocancel; or
    (2) Other evidence of financial responsibility acceptable to theFund 
Administrator has been established; or
    (3) The facility to which the insurance applies ceases to be 
afacility under Sec. 135.201(b).
    (d) Termination of insurance coverage shall not affect theliability 
of the insurer for an incident occurring before theeffective date of 
termination.
    (e) Confirmation of insurance may be accepted from an 
insurancebroker that is acceptable to the Fund Administrator, subject to 
theFund Administrator's approval of the individual underwriters, in 
lieuof their signature on an application, provided the confirmation:
    (1) States the insurance covers liabilities under the Act;
    (2) Sets forth the limit and deductible;
    (3) Provides for direct action against the individual underwritersto 
the extent of their contracts;
    (4) Names the underwriters and percentages of the limit acceptedby 
each;
    (5) States that the underwriters agree to give prior writtennotice 
of cancellation or change to the Fund Administrator as requiredin 
paragraph (c) of this section; and
    (6) States that the notice indicated in paragraph (e)(5) of 
thissection will not affect the underwriter's liability for 
incidentsoccurring before the effective date of cancellation.



Sec. 135.209  Guaranty as evidence.

    (a) Guarantors must:
    (1) Agree to be sued directly, within the limits the guaranty, byany 
person for claims under the Act against the owner or operator; and

[[Page 64]]

    (2) Designate an agent in the United States for service ofprocess.
    (b) Guaranties filed as evidence of financial responsibility mustbe 
accompanied by the same proof that the Guarantor is 
financiallyresponsible as this subpart would require of the owner or 
operator;i.e., insurance, surety bond, self-insurance, or 
otheracceptable methods.
    (c) A guaranty as evidence of financial responsibility mustindicate 
the effective date in the endorsement on the application forCertificate 
of Financial Responsibility, and must remain in forceuntil the date of 
termination indicated in the endorsement or until:
    (1) 30 days after mailing, by certified mail, to the 
FundAdministrator, and the person guarantied, notification of intent 
tocancel; or
    (2) Other evidence of financial responsibility acceptable to theFund 
Administrator has been established; or
    (3) The facility to which the guaranty applies ceases to be 
afacility under Sec. 135.201(b).
    (d) Termination of the guaranty shall not affect the liability ofthe 
guarantor for an incident occurring before the effective date 
oftermination.



Sec. 135.210  Indemnity as evidence.

    (a) An indemnitor must:
    (1) Agree to be sued directly, within the limits of the 
contractcoverage, by any person for claims under the Act against the 
owner oroperator to the extent of the indemnity coverage; and
    (2) Designate an agent in the United States for service ofprocess.
    (b) Indemnity filed as evidence of financial responsibility mustbe 
accompanied by the same proof of the indemnitor's 
financialresponsibility as this subpart would require of the owner or 
operator;i.e., insurance, surety bond, self-insurance; or 
otheracceptable methods.
    (c) An indemnity as evidence of financial responsibility 
mustindicate the effective date in the endorsement on the application 
forCertificate of Financial Responsibility, and must remain in 
forceuntil the date of termination indicated in the endorsement 
oruntil--
    (1) 30 days after mailing, by certified mail, to the 
FundAdministrator, and the person indemnified, notification of intent 
tocancel; or
    (2) Other evidence of financial responsibility acceptable to theFund 
Administrator has been established; or
    (3) The facility to which the indemnity applies ceases to be 
afacility under Sec. 135.201(b).
    (d) Termination of an indemnity shall not affect the liability ofthe 
indemnitor for an incident occurring before the effective date 
oftermination.



Sec. 135.211  Surety bond as evidence.

    (a) Each surety bond filed with the Fund Administrator as evidenceof 
financial responsibility shall be issued by a bonding company that:
    (1) Is authorized to do business in the United States;
    (2) Is licensed to do business in the state or territory in whichthe 
bond is executed;
    (3) Is certified by the Department of the Treasury with respect 
tothe issuance of Federal bonds in the penal sum of the bond; and
    (4) Designates an agent in the United States for service ofprocess.
    (b) The bonding company must agree to be sued directly, within 
thelimits of the surety bond, by any person for claims under the 
Actagainst the owner or operator.
    (c) A surety bond as evidence of financial responsibility 
mustindicate the effective date in the endorsement on the application 
forCertificate of Financial Responsibility, and must remain in 
forceuntil the date of termination indicated in the endorsement or 
until:
    (1) 30 days after mailing, by certified mail, to the 
FundAdministrator, and the person bonded, notification of intent 
tocancel; or
    (2) Other evidence of financial responsibility acceptable to theFund 
Administrator has been established; or
    (3) The facility to which the surety bond applies ceases to be 
afacility under Sec. 135.201(b).
    (d) Termination of the surety bond shall not affect the liabilityof 
the surety for an incident occurring before the effective date 
oftermination.

[[Page 65]]



Sec. 135.213  Qualification as self-insurer.

    (a) Qualification for self insurance must be supported by a copyof 
the self-insurer's current balance sheet, income statement, andstatement 
of changes in financial position that are certified by anindependent 
Certified Public Accountant and must be accompanied byeither:
    (1) An additional statement confirming that the self-
insurer'scurrent U.S. assets, including those of consolidated 
subsidiaries heldin the U.S., not including pledged assets or stock not 
publiclytraded, exceed the current U.S. liabilities, and the self-
insurers networth exceeds the amount of the requested self-insurance; or
    (2) A statement, based on an analysis of the self-insurer'sfinancial 
position, which shows that sufficient assets or cash flow,other than 
which might be damaged as a result of a pollution incident,are available 
which may be liquidated to provide the funds necessaryto retire a claim 
for the amount of the self-insurance without placingthe self-insurer in 
an insolvent position.
    (b) The statements required by paragraphs (a) (1) and (2) of 
thissection must be prepared and submitted by the involved 
CertifiedPublic Accountant when the required financial statements are 
preparedin consolidated form and the liability represents less than the 
fullfinancial backing of the consolidated entity, otherwise they may 
beprepared and submitted by the Treasurer or equivalent official.
    (c) If the self-insurer files a Securities and Exchange 
CommissionForm 10-K report, a copy of the self-insurer's most recent10-K 
report must be filed with the Fund Administrator within120 days after 
the end of the fiscal year to which it relates, inaddition to filing the 
most recent 10-K report with the initialapplication.
    (d) Each self-insurer must file annually with the FundAdministrator, 
copies of documents required under paragraph (a) ofthis section, within 
120 days after the close of the self-insurer'sfiscal accounting period. 
If a self-insurer files a 10-K reportwith the Fund Administrator under 
paragraph (c) of this section whichcontains some of the financial 
statements required in paragraph (a), aseparate filing of those specific 
statements need not be made.



Sec. 135.215  Certification.

    (a) Applicants shall:
    (1) If the facility is in existence before September 17, 1979,apply 
for a Certificate of Financial Responsibility before September17, 1979.
    (2) If the offshore facility is not in existence on September 
17,1979, apply for a Certificate of Financial Responsibility at least 
45days before placing the offshore facility into operation or 
coveragebecomes effective.
    (3) If submitting an application to include an additional 
facilityunder previously established evidence of financial 
responsibility,apply for a Certificate of Financial Responsibility as 
early aspossible before the anticipated date of desired coverage.
    (b) Each application for a Certificate of Financial 
Responsibilitymust be made on a Coast Guard prescribed Application for 
Certificateof Financial Responsibility form, available from the 
FundAdministrator or any Coast Guard District Office. This form must 
besubmitted for each facility; however, if evidence of 
financialresponsibility has been previously established in an amount 
sufficientto meet Sec. 135.203 (a), no additional evidence need 
besubmitted with the application.
    (c) Each application form submitted under this section must besigned 
by the applicant. A written statement proving authority to signmust also 
be submitted where the signer is not disclosed as anindividual (sole 
proprietor) applicant, a partner in a partnershipapplicant, or a 
director or other officer of a corporate applicant.
    (d) Financial data or other information submitted under thissection 
that is proprietary in nature, or constitutes a trade secret,must be 
clearly designated as such to insure confidential treatment bythe Fund 
Administrator, under 5 U.S.C. 552, the Freedom of InformationAct, which 
provides for exemption from disclosure of trade secretdata.
    (e) If any of the information submitted for certification 
isdetermined

[[Page 66]]

by the Fund Administrator to be insufficient the FundAdministrator may 
require additional information before finalconsideration of the 
application.
    (f) Certificates, as issued, are to be considered property of 
theU.S. Government, are not to be altered in any manner, and must 
besurrendered on demand when revoked in accordance withSec. 135.223 of 
this subpart.
    (g) Applicants shall obtain a Certificate of FinancialResponsibility 
for each facility.



Sec. 135.219  Notification of changes affecting certification.

    (a) Each owner, operator, or guarantor of an offshore facilityshall 
within ten days notify the Fund Administrator in writing whenany changes 
occur which prevent the owner, operator, or guarantor,from meeting the 
obligations for which a Certificate of FinancialResponsibility has been 
issued.
    (b) Based on notice of a change in financial capability 
underparagraph (a) of this section, the Fund Administrator may revoke 
aCertificate of Financial Responsibility.



Sec. 135.221  Reapplication for certification.

    (a) If a Certificate of Financial Responsibility becomes invalidfor 
any reason, an application for a new certificate must beimmediately 
submitted to the Fund Administrator in accordance withSec. 135.204.



Sec. 135.223  Certificates, denial or revocation.

    (a) A certificate may be denied or revoked for any of thefollowing 
reasons:
    (1) Making any willfully false statement to the Fund Administratorin 
connection with establishing or maintaining evidence of 
financialresponsibility.
    (2) Failure of an applicant or certificant to establish ormaintain 
evidence of financial responsibility as required by theregulations in 
this subpart.
    (3) Failure to comply with or respond to inquiries, regulations,or 
orders of the Fund Administrator concerning establishing ormaintaining 
evidence of financial responsibility.
    (4) Failure to timely file the reports or documents required bySec. 
135.213 (c) and (d).
    (5) Cancellation or termination of any insurance policy, suretybond, 
indemnity, or guaranty issued under this subpart or modificationthereto 
which reduces the financial capacity of the applicant orcertificant to 
meet the requirements of this subpart, unlesssubstitute evidence of 
financial responsibility has been submitted toand accepted by the Fund 
Administrator.
    (b) Denial or revocation of a certificate shall be immediate 
andwithout prior notice in a case where the applicant or certificant:
    (1) Is no longer the owner or operator of the offshore facility 
inquestion;
    (2) Fails to furnish acceptable evidence of financialresponsibility 
in support of an application; or
    (3) Permits the cancellation or termination of the insurancepolicy, 
surety bond, indemnity, or guaranty upon which the continuedvalidity of 
the certificate is based.
    (c) In any other case, before the denial or revocation of 
acertificate, the Fund Administrator advises the applicant 
orcertificant, in writing, of the intention to deny or revoke 
thecertificate, and shall state the reason therefor.
    (d) If the reason for an intended revocation is failure to filethe 
reports or documents required by Sec. 135.213 (c) and(d) the revocation 
shall be effective 10 days after the date ofreceipt of the notice of 
intention to revoke, unless the certificantshall, before revocation, 
submit the required material or demonstratethat the required material 
was timely filed.
    (e) If the intended denial or revocation is based upon one of 
thereasons in paragraph (a)(1) or (a)(3) of this section, the 
applicantor certificant may request, in writing, a hearing to show that 
theapplicant or certificant is in compliance with this subpart. If 
theapplicant or certificant fails to file a timely request for a 
hearing,the denial or revocation is effective 10 days after receipt of 
thenotice.
    (f) If a request for a hearing under paragraph (e) of this sectionis 
received by the Fund Administrator within 10

[[Page 67]]

days after thedate of receipt of a notice of intention to deny or 
revoke, the FundAdministrator grants a hearing and notifies the 
requesting party ofthe date, time, and location of the hearing. If a 
requesting partyfails to enter an appearance at the scheduled hearing, 
or in lieuthereof fails to submit written evidence for the consideration 
of thehearing official, denial or revocation is effective as of 
thescheduled date and time of the hearing, unless an extension of time 
isgranted by the Fund Administrator for good cause shown.
    (g) Hearings under this section are informal and are conducted byan 
official designated by the Fund Administrator. The officialconducting 
the hearing considers all relevant material submitted andmakes 
recommendations to the Fund Administrator.
    (h) The Fund Administrator's decision is final agency action.



              Subpart D_Notification of Pollution Incidents



Sec. 135.303  Definitions.

    As used in this subpart:
    Occurrences which pose an imminent threat of oil pollutionmeans 
those incidents that are likely to result in a discharge of oiland 
include, but are not limited to: vessel collisions, grounding 
orstranding; structural failure in a tank, pipeline or other oilhandling 
system; fire, explosion or other events which may causestructural damage 
to a vessel or offshore facility.

[CGD 77-055, 44 FR 16868, Mar. 19, 1979, as amended byCGD 91-035, 57 FR 
36316, Aug. 12, 1992]



Sec. 135.305  Notification procedures.

    (a) The person in charge of a vessel or offshore facility that 
isinvolved in an incident, including occurrences which pose an 
imminentthreat of oil pollution shall, as soon as that person has 
knowledge ofthe incident, immediately notify by telephone, radio 
telecommunicationor a similar rapid means of communication, in the 
following order ofpreference:
    (1) (Within or offshore of the 48 contiguous States only) The 
DutyOfficer, National Response Center, U.S. Coast Guard, Room 2111, 
2100Second Street, SW, Washington, DC 20593-0001, toll freetelephone 
number: 800-424-8802, directtelephone: 202-267-2675, or Fax:202-267-
1322; or
    (2) The commanding officer or supervisor of any Coast Guard 
SectorOffice, Captain of the Port Office, Marine Safety Unit or Port 
SafetyDetachment in the vicinity of the incident; or
    (3) The commanding officer or officer in charge of any other 
CoastGuard unit in the vicinity of the incident; or
    (4) The Commander of any Coast Guard District.
    (b) Notification given in accordance with this subpart 
constitutesfulfillment of the requirements of Subpart B of 33 CFR Part 
153concerning Notice of the Discharge of Oil.

[CGD 77-055, 44 FR 16868, Mar. 19, 1979, as amended byUSCG-1998-3799, 63 
FR 35530, June 30, 1998;USCG-2006-25150, 71 FR 39209, July 12, 
2006;USCG-2006-25556, 72 FR 36328, July 2, 2007;USCG-2008-0179, 73 FR 
35013, June 19, 2008]



Sec. 135.307  Notification contents.

    (a) In each notification provided under Sec. 135.305,the person in 
charge of the vessel or offshore facility involved inthe incident shall 
provide his or her name and telephone number, orradio call sign, and, to 
the extent known, the:
    (1) Location, date and time of the incident;
    (2) Quantity of oil involved;
    (3) Cause of the incident;
    (4) Name or other identification of the vessel or offshorefacility 
involved;
    (5) Size and color of any slick or sheen and the direction 
ofmovement;
    (6) Observed on scene weather conditions, including wind speed 
anddirection, height and direction of seas, and any tidal or 
currentinfluence present;
    (7) Actions taken or contemplated to secure the source or containand 
remove or otherwise control the discharged oil;
    (8) Extent of any injuries or other damages incurred as a resultof 
the incident;
    (9) Observed damage to living natural resources; and

[[Page 68]]

    (10) Any other information deemed relevant by the reportingparty or 
requested by the person receiving the notification.
    (b) The person giving notification of an incident must not 
delaynotification to gather all required information and must provide 
anyinformation not immediately available when it becomes known.



                 Subpart E_Access, Denial, and Detention



Sec. 135.401  Access to vessel, Certificates of Financial Responsibility.

    (a) The owner, operator, master or agent of any vessel subject tothe 
Act shall, upon request by any Coast Guard officer or pettyofficer, 
permit access to the vessel and produce for examination theCertificate 
of Financial Responsibility.



Sec. 135.403  Sanctions for failure to produce vessel Certificates of FinancialResponsibility.

    (a) The Captain of the Port issues denial or detention orders tothe 
owner, operator, agent, or master of any vessel that cannot showupon 
request a valid Certificate of Financial Responsibility issuedunder the 
Act.
    (b) A denial order forbids entry of any vessel subject to the Actto 
any port or place in the United States or to the navigable watersof the 
United States.
    (c) A detention order detains any vessel subject to the Act at 
theport or place in the United States from which it is about to 
departfor any other port or place in the United States.
    (d) The Captain of the Port terminates a denial or detention 
orderwhen the owner, operator, agent, or master of a vessel 
furnishesadequate evidence that the certification of financial 
responsibilityrequirements under the Act have been met.



Sec. 135.405  Appeal provisions.

    (a) The owner, operator, agent or master of a vessel issued adenial 
or detention order under this subpart may petition the DistrictCommander 
in any manner to review that order.
    (b) Upon completion of review, the District Commander affirms,sets 
aside, or modifies the order.
    (c) Unless otherwise determined by the District Commander a denialor 
detention order remains in effect pending the outcome of anypetition or 
appeal of that order.
    (d) The District Commander acts on all petitions or appeals within10 
days of receipt.
    (e) The decision of the District Commander is final agency action.



PART 136_OIL SPILL LIABILITY TRUST FUND; CLAIMSPROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT--Table of Contents




                            Subpart A_General

Sec.
136.1 Purpose and applicability.
136.3 Information.
136.5 Definitions.
136.7 Foreign claimants.
136.9 Falsification of claims.

                       Subpart B_General Procedure

136.101 Time limitations on claims.
136.103 Order of presentment.
136.105 General requirements for a claim.
136.107 Subrogated claims.
136.109 Removal costs and multiple items of damages.
136.111 Insurance.
136.113 Other compensation.
136.115 Settlement and notice to claimant.

               Subpart C_Procedures for Particular Claims

                              Removal Costs

136.201 Authorized claimants.
136.203 Proof.
136.205 Compensation allowable.

                            Natural Resources

136.207 Authorized claimants.
136.209 Proof.
136.211 Compensation allowable.

                        Real or Personal Property

136.213 Authorized claimants.
136.215 Proof.
136.217 Compensation allowable.

                             Subsistence Use

136.219 Authorized claimants.
136.221 Proof.
136.223 Compensation allowable.

[[Page 69]]

                           Government Revenues

136.225 Authorized claimants.
136.227 Proof.
136.229 Compensation allowable.

                      Profits and Earning Capacity

136.231 Authorized claimants.
136.233 Proof.
136.235 Compensation allowable.

                       Government Public Services

136.237 Authorized claimants.
136.239 Proof.
136.241 Compensation allowable.

            Subpart D_Designation of Source and Advertisement

                                 General

136.301 Purpose.
136.303 Definitions.

                          Designation of Source

136.305 Notice of designation.
136.307 Denial of designation.

                              Advertisement

136.309 Advertisement determinations.
136.311 Types of advertisement.
136.313 Content of advertisement.

    Authority: 33 U.S.C. 2713, 2714; E.O. 12777, 3 CFR, 1991Comp., p. 
351; 49 CFR 1.46.

    Source: CGD 91-035, 57 FR 36316, Aug. 12, 1992,unless otherwise 
noted.



                            Subpart A_General



Sec. 136.1  Purpose and applicability.

    (a) This part prescribes regulations for--
    (1) Presentation, filing, processing, settlement, and adjudicationof 
claims authorized to be presented to the Oil Spill Liability TrustFund 
(the Fund) under section 1013 of the Oil Pollution Act of 1990(the Act) 
(33 U.S.C. 2713) for certain uncompensated removal costs oruncompensated 
damages resulting from the discharge, or substantialthreat of discharge, 
of oil from a vessel or facility into or upon thenavigable waters, 
adjoining shorelines, or the exclusive economiczone;
    (2) Designation of the source of the incident, notification to 
theresponsible party of the designation, and advertisement of 
thedesignation and claims procedures; and
    (3) Other related matters.
    (b) This part applies to claims resulting from incidents 
occurringafter August 18, 1990.
    (c) Nothing in this part--
    (1) Preempts the authority of any State or political 
subdivisionthereof from imposing any additional liability or 
requirements withrespect to--
    (i) The discharge of oil or other pollution by oil within suchState; 
or
    (ii) Any removal activities in connection with such a discharge;or
    (2) Affects or modifies in any way the obligations or liabilitiesof 
any person under the Solid Waste Disposal Act (42 U.S.C. 6901 etseq.) or 
State law, including common law; or
    (3) Affects the authority of any State--
    (i) To establish, or to continue in effect, a fund any purpose 
ofwhich is to pay for costs or damages arising out of, or 
directlyresulting from, oil pollution or the substantial threat of 
oilpollution; or
    (ii) To require any person to contribute to such a fund; or
    (4) Affects the authority of the United States or any State 
orpolitical subdivision thereof to impose additional liability 
oradditional requirements relating to a discharge, or substantial 
threatof a discharge, of oil.



Sec. 136.3  Information.

    Anyone desiring to file a claim against the Fund may obtaingeneral 
information on the procedure for filing a claim from theDirector, 
National Pollution Funds Center, suite 1000, 4200 WilsonBoulevard, 
Arlington, Virginia 22203-1804, (703)235-4756.



Sec. 136.5  Definitions

    (a) As used in this part, the following terms have the samemeaning 
as set forth in sections 1001 and 1007(c) of the Act (33U.S.C. 2701 and 
2707(c)): Claim, claimant, damages, discharge,exclusive economic zone, 
facility, foreign claimant, foreign offshoreunit, Fund, guarantor, 
incident, National Contingency Plan, naturalresources, navigable waters, 
offshore facility, oil, onshore facility,owner or operator, person, 
removal costs, responsible party, State,United States, and vessel.
    (b) As used in this part--

[[Page 70]]

    Act means title I of the Oil Pollution Act of 1990 (Pub.L. 101-380; 
33 U.S.C. 2701 through 2719).
    Director, NPFC, means the person in charge of the U.S. CoastGuard 
National Pollution Funds Center or that person's 
authorizedrepresentative.
    FOSC means the Federal On-Scene Coordinator designated underthe 
National Contingency Plan or that person's authorizedrepresentative.
    NPFC means the U.S. Coast Guard National Pollution FundsCenter, 
suite 1000, 4200 Wilson Boulevard, Arlington, Virginia22203-1804.



Sec. 136.7  Foreign claimants.

    In addition to other applicable limitations on presenting claimsto 
the Fund, claims by foreign claimants to recover removal costs ordamages 
may be presented only when the requirements of section 1007 ofthe Act 
(33 U.S.C. 2707) are met.



Sec. 136.9  Falsification of claims.

    Persons submitting false claims or making false statements 
inconnection with claims under this part may be subject to 
prosecutionunder Federal law, including but not limited to 18 U.S.C. 287 
and1001. In addition, persons submitting written documentation in 
supportof claims under this part which they know, or should know, is 
false oromits a material fact may be subject to a civil penalty for 
eachclaim. If any payment is made on the claim, the claimant may also 
besubject to an assessment of up to twice the amount claimed. Thesecivil 
sanctions may be imposed under the Program Fraud Civil RemediesAct, 31 
U.S.C. 3801-3812, as implemented in 49 CFR part 31.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended byCGD 96-052, 62 FR 
16703, Apr. 8, 1997]



                       Subpart B_General Procedure



Sec. 136.101  Time limitations on claims.

    (a) Except as provided under section 1012(h)(3) of the Act (33U.S.C. 
2712(h)(3)) (minors and incompetents), the Fund will consider aclaim 
only if presented in writing to the Director, NPFC, within thefollowing 
time limits:
    (1) For damages, within three years after--
    (i) The date on which the injury and its connection with theincident 
in question were reasonably discoverable with the exercise ofdue care.
    (ii) In the case of natural resources damages under 
section1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date 
underparagraph (a)(1)(i) of this section, or within three years from 
thedate of completion of the natural resources damage assessment 
undersection 1006(e) of the Act (33 U.S.C. 2706(e)), whichever is later.
    (2) For removal costs, within six years after the date ofcompletion 
of all removal actions for the incident. As used in thisparagraph, 
``date of completion of all removal actions''is defined as the actual 
date of completion of all removal actions forthe incident or the date 
the FOSC determines that the removal actionswhich form the basis for the 
costs being claimed are completed,whichever is earlier.
    (b) Unless the Director, NPFC, directs in writing that the claimbe 
submitted elsewhere, a claim is deemed presented on the date theclaim is 
actually received at the National Pollution Funds Center,suite 1000, 
4200 Wilson Boulevard, Arlington, Virginia22203-1804. If the Director, 
NPFC, directs that the claim bepresented elsewhere, the claim is deemed 
presented on the date theclaim is actually received at the address in 
the directive.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104,Sept. 9, 1992]



Sec. 136.103  Order of presentment.

    (a) Except as provided in paragraph (b) of this section, allclaims 
for removal costs or damages must be presented first to theresponsible 
party or guarantor of the source designated underSec. 136.305.
    (b) Claims for removal costs or damages may be presented first tothe 
Fund only--
    (1) By any claimant, if the Director, NPFC, has advertised, 
orotherwise notified claimants in writing, in accordance withSec. 
136.309(e);
    (2) By a responsible party who may assert a claim under section1008 
of the Act (33 U.S.C. 2708);

[[Page 71]]

    (3) By the Governor of a State for removal costs incurred bythat 
State; or
    (4) By a United States claimant in a case where a foreign 
offshoreunit has discharged oil causing damage for which the Fund is 
liableunder section 1012(a) of the Act (33 U.S.C. 2712(a)).
    (c) If a claim is presented in accordance with paragraph (a) ofthis 
section and--
    (1) Each person to whom the claim is presented denies allliability 
for the claim; or
    (2) The claim is not settled by any person by payment within 90days 
after the date upon which (A) the claim was presented, or (B)advertising 
was begun pursuant to Sec. 136.309(d), whicheveris later, the claimant 
may elect to commence an action in courtagainst the responsible party or 
guarantor or to present the claim tothe Fund.
    (d) No claim of a person against the Fund will be approved 
orcertified for payment during the pendency of an action by the personin 
court to recover costs which are the subject of the claim.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104,Sept. 9, 1992]



Sec. 136.105  General requirements for a claim.

    (a) The claimant bears the burden of providing all 
evidence,information, and documentation deemed necessary by the 
Director, NPFC,to support the claim.
    (b) Each claim must be in writing for a sum certain forcompensation 
for each category of uncompensated damages or removalcosts (as described 
in Subpart C of this part) resulting from anincident. If at any time 
during the pendency of a claim against theFund the claimant receives any 
compensation for the claimed amounts,the claimant shall immediately 
amend the claim.
    (c) Each claim must be signed in ink by the claimant certifying 
tothe best of the claimant's knowledge and belief that the 
claimaccurately reflects all material facts.
    (d) In addition to the other requirements of this section, anyclaim 
presented by a legal representative of the claimant must also besigned 
by the legal representative and--
    (1) Be presented in the name of the claimant;
    (2) Show the title or legal capacity of the representative; and
    (3) Provide proof of authority to act for the claimant.
    (e) Each claim must include at least the following, as applicable:
    (1) The full name, street and mailing addresses of residence 
andbusiness, and telephone numbers of the claimant.
    (2) The date, time, and place of the incident giving rise to 
theclaim.
    (3) The identity of the vessel, facility, or other entity causingor 
suspected to have caused the removal costs or damages claimed andthe 
basis for such identity or belief.
    (4) A general description of the nature and extent of the impactof 
the incident, the costs associated with removal actions, anddamages 
claimed, by category as delineated in Subpart C of this part,including, 
for any property, equipment, or similar item damaged, thefull name, 
street and mailing address, and telephone number of theactual owner, if 
other than the claimant.
    (5) An explanation of how and when the removal costs or damageswere 
caused by, or resulted from, an incident.
    (6) Evidence to support the claim.
    (7) A description of the actions taken by the claimant, or 
otherperson on the claimant's behalf, to avoid or minimize removal costs 
ordamages claimed.
    (8) The reasonable costs incurred by the claimant in assessing 
thedamages claimed. This includes the reasonable costs of estimating 
thedamages claimed, but not attorney's fees or other administrative 
costsassociated with preparation of the claim.
    (9) To the extent known or reasonably identifiable by theclaimant, 
the full name, street and mailing address, and telephonenumber of each 
witness to the incident, to the discharge, or to theremoval costs or 
damages claimed, along with a brief description ofthat person's 
knowledge.
    (10) A copy of written communications and the substance of 
verbalcommunications, if any, between the claimant and the responsible 
partyor guarantor of the source designated

[[Page 72]]

under Sec. 136.305and a statement indicating that the claim was 
presented to theresponsible party or guarantor, the date it was 
presented, that it wasdenied or remains not settled and, if known, the 
reason why it wasdenied or remains not settled.
    (11) If the claimant has insurance which may cover the removalcosts 
or damages claimed, the information required underSec. 136.111.
    (12) A statement by the claimant that no action has been commencedin 
court against the responsible party or guarantor of the sourcedesignated 
under Sec. 136.305 or, if an action has beencommenced, a statement 
identifying the claimant's attorney and theattorney's address and phone 
number, the civil action number, and thecourt in which the action is 
pending.
    (13) In the discretion of the Director, NPFC, any otherinformation 
deemed relevant and necessary to properly process theclaim for payment.



Sec. 136.107  Subrogated claims.

    (a) The claims of subrogor (e.g., insured) and subrogee 
(e.g.,insurer) for removal costs and damages arising out of the 
sameincident should be presented together and must be signed by 
allclaimants.
    (b) A fully subrogated claim is payable only to the subrogee.
    (c) A subrogee must support a claim in the same manner as anyother 
claimant.



Sec. 136.109  Removal costs and multiple items of damages.

    (a) A claimant must specify all of the claimant's known removalcosts 
or damages arising out of a single incident when submitting aclaim.
    (b) Removal costs and each separate category of damages (asdescribed 
in subpart C of this part) must be separately listed with asum certain 
attributed to each type and category listed.
    (c) At the sole discretion of the Director, NPFC, removal costsand 
each separate category of damages may be treated separately 
forsettlement purposes.



Sec. 136.111  Insurance.

    (a) A claimant shall provide the following information concerningany 
insurance which may cover the removal costs or damages for 
whichcompensation is claimed:
    (1) The name and address of each insurer.
    (2) The kind and amount of coverage.
    (3) The policy number.
    (4) Whether a claim has been or will be presented to an insurerand, 
if so, the amount of the claim and the name of the insurer.
    (5) Whether any insurer has paid the claim in full or in part orhas 
indicated whether or not payment will be made.
    (b) If requested by the Director, NPFC, the claimant shall providea 
copy of the following material:
    (1) All insurance policies or indemnification agreements.
    (2) All written communications, and a summary of all 
oralcommunications, with any insurer or indemnifier.
    (c) A claimant shall advise the Director, NPFC, of any changes inthe 
information provided under this section.



Sec. 136.113  Other compensation.

    A claimant must include an accounting, including the source 
andvalue, of all other compensation received, applied for, or 
potentiallyavailable as a consequence of the incident out of which the 
claimarises including, but not limited to, monetary payments, goods 
orservices, or other benefits.



Sec. 136.115  Settlement and notice to claimant.

    (a) Payment in full, or acceptance by the claimant of an offer 
ofsettlement by the Fund, is final and conclusive for all purposes 
and,upon payment, constitutes a release of the Fund for the claim. 
Inaddition, acceptance of any compensation from the Fund precludes 
theclaimant from filing any subsequent action against any person 
torecover costs or damages which are the subject of the 
compensatedclaim. Acceptance of any compensation also constitutes an 
agreement bythe claimant to assign to the Fund any rights, claims, and 
causes ofaction the claimant has against any person for the costs and 
damageswhich are the subject of the compensated claims and to 
cooperatereasonably with the Fund in any claim or action by the Fund 
againstany person to recover the

[[Page 73]]

amounts paid by the Fund. Thecooperation shall include, but is not 
limited to, immediatelyreimbursing the Fund for any compensation 
received from any othersource for the same costs and damages and 
providing any documentation,evidence, testimony, and other support, as 
may be necessary for theFund to recover from any person.
    (b) Claimant's failure to accept an offer of settlement within 
60days after the date the offer was mailed to the claimant 
automaticallyvoids the offer. The Director, NPFC, reserves the right to 
revoke anoffer at any time.
    (c) A claimant will be notified in writing sent by certified 
orregistered mail whenever a claim against the Fund is denied. 
Thefailure of the Director, NPFC, to make final disposition of a 
claimwithin six months after it is filed shall, at the option of 
theclaimant any time thereafter, be deemed a final denial of the claim.
    (d) The Director, NPFC, upon written request of the claimant or ofa 
person duly authorized to act on the claimant's behalf, reconsidersany 
claim denied. The request for reconsideration must be in writingand 
include the factual or legal grounds for the relief requested,providing 
any additional support for the claim. The request must bereceived by the 
Director, NPFC, within 60 days after the date thedenial was mailed to 
the claimant or within 30 days after receipt ofthe denial by the 
claimant, whichever date is earlier. Reconsiderationmay only be 
requested once for each claim denied. The Director, NPFCwill provide the 
claimant seeking reconsideration with writtennotification of the 
decision within 90 days after receipt of therequest for reconsideration. 
This written decision is final. Thefailure of the Director, NPFC, to 
make final disposition of areconsideration within 90 days after it is 
received shall, at theoption of the claimant any time thereafter, be 
deemed a final denialof the reconsideration.



               Subpart C_Procedures for Particular Claims

                              Removal Costs



Sec. 136.201  Authorized claimants.

    A claim for removal costs may be presented by any claimant.



Sec. 136.203  Proof.

    In addition to the requirements of Subparts A and B of this part,a 
claimant must establish--
    (a) That the actions taken were necessary to prevent, minimize, 
ormitigate the effects of the incident;
    (b) That the removal costs were incurred as a result of 
theseactions;
    (c) That the actions taken were determined by the FOSC to 
beconsistent with the National Contingency Plan or were directed by 
theFOSC.



Sec. 136.205  Compensation allowable.

    The amount of compensation allowable is the total of 
uncompensatedreasonable removal costs of actions taken that were 
determined by theFOSC to be consistent with the National Contingency 
Plan or weredirected by the FOSC. Except in exceptional circumstances, 
removalactivities for which costs are being claimed must have 
beencoordinated with the FOSC.

                            Natural Resources



Sec. 136.207  Authorized claimants.

    (a) Claims for uncompensated natural resource damages may 
bepresented by an appropriate natural resources trustee. However, 
inorder to facilitate the processing of these claims with respect to 
asingle incident where multiple trustees are involved and to 
preventdouble recovery, the affected trustees should select a 
leadadministrative trustee who will present consolidated claims on 
behalfof the trustees.
    (b) A trustee may present a claim for the reasonable cost 
ofassessing natural resources damages separately from a claim for 
thecost of developing and implementing plans for the 
restoration,rehabilitation, replacement, or acquisition of the 
equivalent of thenatural resources damaged.

[[Page 74]]



Sec. 136.209  Proof.

    In addition to the requirements of subparts A and B of this part,a 
trustee must do the following:
    (a) Submit the assessment and restoration plans which form thebasis 
of the claim.
    (b) Provide documented costs and cost estimates for the claim.Final 
cost estimates for conducting damage assessments or implementinga 
restoration plan may form the basis for a claim against the Fund foran 
uncompensated natural resources damage claim.
    (c) Identify all trustees who may be potential claimants for thesame 
natural resources damaged.
    (d) Certify the accuracy and integrity of any claim submitted tothe 
Fund, and certify that any actions taken or proposed were or willbe 
conducted in accordance with the Act and consistent with allapplicable 
laws and regulations.
    (e) Certify whether the assessment was conducted in accordancewith 
applicable provisions of the natural resources damage 
assessmentregulations promulgated under section 1006(e)(1) of the Act 
(33 U.S.C.2706(e)(1)). Identify any other or additional damage 
assessmentregulations or methodology utilized.
    (f) Certify that, to the best of the trustee's knowledge andbelief, 
no other trustee has the right to present a claim for the samenatural 
resources damages and that payment of any subpart of the claimpresented 
would not constitute a double recovery for the same naturalresources 
damages.



Sec. 136.211  Compensation allowable.

    (a) The amount of compensation allowable is the reasonable cost 
ofassessing damages, and the cost of restoring, 
rehabilitating,replacing, or acquiring the equivalent of the damaged 
naturalresources.
    (b) In addition to any other provision of law respecting the useof 
sums recovered for natural resources damages, trustees shallreimburse 
the Fund for any amounts received from the Fund in excess ofthat amount 
required to accomplish the activities for which the claimwas paid.

                        Real or Personal Property



Sec. 136.213  Authorized claimants.

    (a) A claim for injury to, or economic losses resulting from 
thedestruction of, real or personal property may be presented only by 
aclaimant either owning or leasing the property.
    (b) Any claim for loss of profits or impairment of earningcapacity 
due to injury to, destruction of, or loss of real or personalproperty 
must be included as subpart of the claim under this sectionand must 
include the proof required under Sec. 136.233.



Sec. 136.215  Proof.

    (a) In addition to the requirements of subparts A and B of thispart, 
a claimant must establish--
    (1) An ownership or leasehold interest in the property;
    (2) That the property was injured or destroyed;
    (3) The cost of repair or replacement; and
    (4) The value of the property both before and after injuryoccurred.
    (b) In addition, for each claim for economic loss resulting 
fromdestruction of real or personal property, the claimant 
mustestablish--
    (1) That the property was not available for use and, if it hadbeen, 
the value of that use;
    (2) Whether or not substitute property was available and, if 
used,the costs thereof; and
    (3) That the economic loss claimed was incurred as the result ofthe 
injury to or destruction of the property.



Sec. 136.217  Compensation allowable.

    (a) The amount of compensation allowable for damaged property isthe 
lesser of--
    (1) Actual or estimated net cost of repairs necessary to restorethe 
property to substantially the same condition which existedimmediately 
before the damage;
    (2) The difference between value of the property before and afterthe 
damage; or
    (3) The replacement value.
    (b) Compensation for economic loss resulting from the destructionof 
real or personal property may be allowed in an amount equal to 
thereasonable

[[Page 75]]

costs actually incurred for use of substitutecommercial property or, if 
substitute commercial property was notreasonably available, in an amount 
equal to the net economic losswhich resulted from not having use of the 
property. When substitutecommercial property was reasonably available, 
but not used, allowablecompensation for loss of use is limited to the 
cost of the substitutecommercial property, or the property lost, 
whichever is less.Compensation for loss of use of noncommercial property 
is notallowable.
    (c) Compensation for a claim for loss of profits or impairment 
ofearning capacity under Sec. 136.213(b) is limited to thatallowable 
under Sec. 136.235.

                             Subsistence Use



Sec. 136.219  Authorized claimants.

    (a) A claim for loss of subsistence use of natural resources maybe 
presented only by a claimant who actually uses, for subsistence,the 
natural resources which have been injured, destroyed, or lost,without 
regard to the ownership or management of the resources.
    (b) A claim for loss of profits or impairment of earning capacitydue 
to loss of subsistence use of natural resources must be includedas part 
of the claim under this section and must include the proofrequired under 
Sec. 136.233.



Sec. 136.221  Proof.

    In addition to the requirements of subparts A and B of this part,a 
claimant must provide--
    (a) The identification of each specific natural resource for 
whichcompensation for loss of subsistence use is claimed;
    (b) A description of the actual subsistence use made of eachspecific 
natural resource by the claimant;
    (c) A description of how and to what extent the 
claimant'ssubsistence use was affected by the injury to or loss of each 
specificnatural resource;
    (d) A description of each effort made by the claimant to mitigatethe 
claimant's loss of subsistence use; and
    (e) A description of each alternative source or means ofsubsistence 
available to the claimant during the period of time forwhich loss of 
subsistence is claimed, and any compensation availableto the claimant 
for loss of subsistence.



Sec. 136.223  Compensation allowable.

    (a) The amount of compensation allowable is the 
reasonablereplacement cost of the subsistence loss suffered by the 
claimant if,during the period of time for which the loss of subsistence 
isclaimed, there was no alternative source or means of 
subsistenceavailable.
    (b) The amount of compensation allowable under paragraph (a) ofthis 
section must be reduced by--
    (1) All compensation made available to the claimant to compensatefor 
subsistence loss;
    (2) All income which was derived by utilizing the time 
whichotherwise would have been used to obtain natural resources 
forsubsistence use; and
    (3) Overheads or other normal expenses of subsistence use 
notincurred as a result of the incident.
    (c) Compensation for a claim for loss of profits or impairment 
ofearning capacity under Sec. 136.219(b) is limited to thatallowable 
under Sec. 136.235.

                           Government Revenues



Sec. 136.225  Authorized claimants.

    A claim for net loss of revenue due to the injury, destruction, 
orloss of real property, personal property, or natural resources may 
bepresented only by an appropriate claimant sustaining the loss. As 
usedin this section and Sec. 136.277, ``revenue''means taxes, 
royalties, rents, fees, and net profit shares.



Sec. 136.227  Proof.

    In addition to the requirements of Subparts A and B, a claimantmust 
establish--
    (a) The identification and description of the economic loss forwhich 
compensation is claimed, including the applicable authority,property 
affected, method of assessment, rate, and method and dates ofcollection;
    (b) That the loss of revenue was due to the injury to, 
destructionof, or loss of real or personal property or natural 
resources;
    (c) The total assessment or revenue collected for comparablerevenue 
periods; and

[[Page 76]]

    (d) The net loss of revenue.



Sec. 136.229  Compensation allowable.

    The amount of compensation allowable is the total net 
revenueactually lost.

                      Profits and Earning Capacity



Sec. 136.231  Authorized claimants.

    (a) A claim for loss of profits or impairment of earning capacitydue 
to the injury to, destruction of, or loss of real or personalproperty or 
natural resources may be presented by a claimantsustaining the loss or 
impairment. The claimant need not be the ownerof the damaged property or 
resources to recover for lost profits orincome.
    (b) A claim for loss of profits or impairment of earning 
capacitythat also involves a claim for injury to, or economic losses 
resultingfrom destruction of, real or personal property must be claimed 
underSec. 136.213.
    (c) A claim for loss of profits or impairment of earning 
capacitythat also involves a claim for loss of subsistence use of 
naturalresources must be claimed under Sec. 136.219.



Sec. 136.233  Proof.

    In addition to the requirements of subparts A and B of this part,a 
claimant must establish the following:
    (a) That real or personal property or natural resources have 
beeninjured, destroyed, or lost.
    (b) That the claimant's income was reduced as a consequence ofinjury 
to, destruction of, or loss of the property or naturalresources, and the 
amount of that reduction.
    (c) The amount of the claimant's profits or earnings in 
comparableperiods and during the period when the claimed loss or 
impairment wassuffered, as established by income tax returns, financial 
statements,and similar documents. In addition, comparative figures for 
profits orearnings for the same or similar activities outside of the 
areaaffected by the incident also must be established.
    (d) Whether alternative employment or business was available 
andundertaken and, if so, the amount of income received. All income 
thata claimant received as a result of the incident must be 
clearlyindicated and any saved overhead and other normal expenses 
notincurred as a result of the incident must be established.



Sec. 136.235  Compensation allowable.

    The amount of compensation allowable is limited to the actual 
netreduction or loss of earnings or profits suffered. Calculations 
fornet reductions or losses must clearly reflect adjustments for--
    (a) All income resulting from the incident;
    (b) All income from alternative employment or business undertaken;
    (c) Potential income from alternative employment or business 
notundertaken, but reasonably available;
    (d) Any saved overhead or normal expenses not incurred as a resultof 
the incident; and
    (e) State, local, and Federal taxes.

                       Government Public Services



Sec. 136.237  Authorized claimants.

    A claim for net costs of providing increased or additional 
publicservices during or after removal activities, including protection 
fromfire, safety, or health hazards, caused by a discharge of oil may 
bepresented only by a State or a political subdivision of a 
Stateincurring the costs.



Sec. 136.239  Proof.

    In addition to the requirements of subparts A and B of this part,a 
claimant must establish--
    (a) The nature of the specific public services provided and theneed 
for those services;
    (b) That the services occurred during or after removal activities;
    (c) That the services were provided as a result of a discharge ofoil 
and would not otherwise have been provided; and
    (d) The net cost for the services and the methods used to 
computethose costs.



Sec. 136.241  Compensation allowable.

    The amount of compensation allowable is the net cost of theincreased 
or additional service provided by the State or politicalsubdivision.

[[Page 77]]



            Subpart D_Designation of Source and Advertisement

                                 General



Sec. 136.301  Purpose.

    This subpart prescribes the requirements concerning designation 
ofthe source or sources of the discharge or threat of discharge 
andadvertisement of these designations, including the procedures by 
whichclaims may be presented to the responsible party or guarantor.



Sec. 136.303  Definitions.

    As used in this subpart--
    Advertisement means the dissemination of information,including but 
not limited to paid advertisements, that are reasonablycalculated to 
advise the public how to present a claim.
    Designated source means a source designated underSec. 136.305.

                          Designation of Source



Sec. 136.305  Notice of designation.

    (a) When information of an incident is received, the source 
orsources of the discharge or threat are designated, where possible 
andappropriate. If the designated source is a vessel or facility, 
theresponsible party and the guarantor, if known, are notified 
bytelephone, telefax, or other rapid means of that designation. 
Thedesignation will be confirmed by a written Notice of Designation.
    (b) A Notice of Designation normally contains, to the extentknown--
    (1) The name of the vessel or facility designated as the source;
    (2) The location, date, and time of the incident;
    (3) The type of quantity of oil involved;
    (4) The date of the designation;
    (5) The procedures for accepting or denying the designation; and
    (6) The name, address, telephone number, and, if available,telefax 
number of the responsible Federal official to whom furthercommunication 
regrading the incident, advertisement of the incident,or denial of 
designation should be directed.



Sec. 136.307  Denial of designation.

    (a) Within five days after receiving a Notice of Designation 
underSec. 136.305, the responsible party or guarantor may denythe 
designation.
    (b) A denial of designation must--
    (1) Be in writing;
    (2) Identify the Notice of Designation;
    (3) Give the reasons for the denial and provide a copy of 
allsupporting documents; and
    (4) Be submitted to the official named in the Notice ofDesignation.
    (c) A denial is deemed received on the date the denial is 
actuallyreceived by the official named in the Notice of Designation.

                              Advertisement



Sec. 136.309  Advertisement determinations.

    (a) The Director, NPFC, determines for each incident the 
type,geographic scope, frequency, and duration of advertisement 
required.
    (b) In making the determination specified in paragraph (a) of 
thissection, the Director, NPFC, may consider--
    (1) The nature and extent of economic losses that have occurred 
orare likely to occur;
    (2) The potential claimants who are likely to incur economiclosses;
    (3) The geographical area that is or will likely be affected;
    (4) The most effective method of reasonably notifying 
potentialclaimants of the designation and procedures of submitting 
claims; and
    (5) Relevant information or recommendations, if any, submitted by,or 
on behalf of, the responsible party or guarantor of the 
designatedsource.
    (c) The Director, NPFC, provides the specific requirements 
foradvertisement for each incident to the responsible party or 
guarantorof the designated source.
    (d) If a responsible party or guarantor has not denied designationin 
accordance with Sec. 136.307, the party or guarantorshall advertise, in 
accordance with the requirements of this subpart,the designation and the 
procedures by which claims may be presented.The advertisement must begin

[[Page 78]]

not later than 15 days after the dateof the designation made under Sec. 
136.305.
    (e) If there is no designation under Sec. 136.305, ifthe source of 
the discharge or threat is a public vessel, or if theresponsible party 
and guarantor of the source designated have deniedthe designation or 
failed to meet the requirements for advertisementin this section, the 
Director, NPFC, may advertise procedures forpresenting claims.



Sec. 136.311  Types of advertisement.

    Advertisement required by the Director, NPFC, will normallyinclude 
one or more of the following:
    (a) Paid advertisements in a newspaper or newspapers havinggeneral 
circulation in the area designated by the Director, NPFC.
    (b) Notice posted in marinas, marine supply stores, bait andtackle 
shops, and other appropriate business establishments or publicfacilities 
in the area designated by the Director, NPFC.
    (c) News releases to newspapers, radio stations, televisionstations, 
and cable services having general circulation in the areadesignated by 
the Director, NPFC.
    (d) Other means approved by the Director, NPFC, under 
thecircumstances of each case.



Sec. 136.313  Content of advertisement.

    Each advertisement required by this subpart may be required 
tocontain the following information or to indicate where thisinformation 
may be contained:
    (a) Location, date, and time of the incident.
    (b) Geographical area affected, as determined by the FOSC 
orDirector, NPFC.
    (c) Type and quantity of oil involved.
    (d) Name or other description of the source designated by the FOSCor 
Director, NPFC.
    (e) Name of the responsible party and guarantor of the 
designatedsource.
    (f) Name, address, telephone number, office hours, and work daysof 
the person or persons to whom claims are to be presented and fromwhom 
claim information can be obtained.
    (g) The procedures by which a claim may be presented.
    (h) Other information required by the Director, NPFC, under 
thecircumstances of each case.



PART 137_OIL SPILL LIABILITY: STANDARDS FORCONDUCTING ALL APPROPRIATE INQUIRIES UNDER THE INNOCENT LAND-OWNERDEFENSE--Table of Contents




                         Subpart A_Introduction

Sec.
137.1 Purpose and applicability.
137.5 Disclosure obligations.
137.10 How are terms used in this part defined?
137.15 References: Where can I get a copy of the publicationmentioned in 
          this part?

                    Subpart B_Standards and Practices

137.18 Duties of persons specified inSec. 137.1(a).
137.20 May industry standards be used to comply with thisregulation?
137.25 Qualifications of the environmental professional.
137.30 Objectives and performance factors.
137.33 General all appropriate inquiries requirements.
137.35 Inquiries by an environmental professional.
137.40 Additional inquiries.
137.45 Interviews with past and present owners, operators,and occupants.
137.50 Reviews of historical sources of information.
137.55 Searches for recorded environmental cleanup liens.
137.60 Reviews of Federal, State, tribal, and localgovernment records.
137.65 Visual inspections of the facility, the real propertyon which the 
          facility is located, and adjoining properties.
137.70 Specialized knowledge or experience on the part ofpersons 
          specified in Sec. 137.1(a).
137.75 The relationship of the purchase price to the valueof the 
          facility and the real property on which the facility 
          islocated, if oil was not at the facility or on the real 
          property.
137.80 Commonly known or reasonably ascertainableinformation about the 
          facility and the real property on which thefacility is 
          located.
137.85 The degree of obviousness of the presence or likelypresence of 
          oil at the facility and the real property on which thefacility 
          is located and the ability to detect the oil by 
          appropriateinvestigation.

    Authority: 33 U.S.C. 2703(d)(4); Department of HomelandSecurity 
Delegation No. 14000.

[[Page 79]]


    Source: USCG-2006-25708, 73 FR 2150,Jan. 14, 2008, unless otherwise 
noted.



                         Subpart A_Introduction



Sec. 137.1  Purpose and applicability.

    (a) In general under the Oil Pollution Act of 1990 (33 U.S.C.2701, 
et seq.), an owner or operator of a facility (as definedin Sec. 137.10) 
that is the source of a discharge, or asubstantial threat of discharge, 
of oil into the navigable waters oradjoining shorelines or the exclusive 
economic zone is liable fordamages and removal costs resulting from the 
discharge or threat.However, if that person can demonstrate, among other 
criteria notaddressed in this part, that they did not know and had no 
reason toknow at the time of their acquisition of the real property on 
whichthe facility is located that oil was located on, in, or at 
thefacility, the person may be eligible for the innocent 
landownerdefense to liability under 33 U.S.C. 2703(d)(4). One element of 
thedefense is that the person made all appropriate inquiries into 
thenature of the real property on which the facility is located 
beforeacquiring it. The purpose of this part is to prescribe standards 
andpractices for making those inquiries.
    (b) Under 33 U.S.C. 2703(d)(4)(E), this part does not apply toreal 
property purchased by a non-governmental entity or non-commercialentity 
for residential use or other similar uses where a propertyinspection and 
a title search reveal no basis for furtherinvestigation. In those cases, 
the property inspection and titlesearch satisfy the requirements of this 
part.
    (c) This part does not affect the existing OPA 90 
liabilityprotections for State and local governments that acquire a 
propertyinvoluntarily in their functions as sovereigns under 33 U.S.C. 
2703(d)(2)(B). Involuntary acquisition of properties by State and 
localgovernments fall under the provisions of 33 U.S.C. 2703(d)(2)(B), 
notunder the all-appropriate-inquiries provision of 33 U.S.C. 
2703(d)(4)and this part.



Sec. 137.5  Disclosure obligations.

    (a) Under 33 U.S.C. 2703(c)(1), persons specified inSec. 137.1(a), 
including environmental professionals, mustreport the incident as 
required by law if they know or have reason toknow of the incident.
    (b) This part does not limit or expand disclosure obligationsunder 
any Federal, State, tribal, or local law. It is the obligationof each 
person, including environmental professionals, conductinginquiries to 
determine his or her respective disclosure obligationsunder Federal, 
State, tribal, and local law and to comply with them.



Sec. 137.10  How are terms used in this part defined?

    (a) The following terms have the same definitions as in 33 
U.S.C.2701: damages; discharge; incident; liable orliability; oil; owner 
or operator; and removalcosts.
    (b) As used in this part--
    Abandoned property means a property that, because of itsgeneral 
disrepair or lack of activity, a reasonable person couldbelieve that 
there is an intent on the part of the current owners tosurrender their 
rights to the property.
    Adjoining property means real property the border of whichis shared 
in part or in whole with that of the subject property orthat would be 
shared in part or in whole with that of the property butfor a street, 
road, or other public thoroughfare separating theproperties.
    Data gap means a lack of, or inability to, obtaininformation 
required by subpart B of this part despite good faithefforts by the 
environmental professional or persons specified inSec. 137.1(a), as 
appropriate, to gather the informationunder Sec. 137.33.
    Environmental professional means an individual who meets 
therequirements of Sec. 137.25.
    Facility means any structure, group of structures,equipment, or 
device (other than a vessel) which is used for one ormore of the 
following purposes: exploring for, drilling for,producing, storing, 
handling, transferring, processing, ortransporting oil. This term 
includes any motor vehicle, rolling stock,or pipeline used for one or 
more of these purposes.
    Good faith means the absence of any intention to seek anunfair 
advantage or to defraud another party; an honest and sincereintention to 
fulfill one's

[[Page 80]]

obligations in the conduct ortransaction concerned.
    Institutional controls means non-engineered instruments,such as 
administrative and/or legal controls, that help to minimizethe potential 
for human exposure to oil discharge and/or protect theintegrity of a 
removal action.
    Relevant experience means participation in the performanceof all-
appropriate-inquiries investigations, environmental siteassessments, or 
other site investigations that may includeenvironmental analyses, 
investigations, and remediation which involvethe understanding of 
surface and subsurface environmental conditionsand the processes used to 
evaluate these conditions and for whichprofessional judgment was used to 
develop opinions regardingconditions indicative of the presence or 
likely presence of oil at thefacility and the real property on which the 
facility is located.



Sec. 137.15  References: Where can I get a copy of the publication mentioned inthis part?

    Section 137.20 of this part refers to ASTM E 1527-05,Standard 
Practice for Environmental Site Assessments: Phase IEnvironmental Site 
Assessment Process. That document is available fromASTM International, 
100 Barr Harbor Drive, P.O. Box C700, WestConshohocken, PA 19428-2959. 
It is also available forinspection at the Coast Guard National Pollution 
Funds Center, 4200Wilson Boulevard, Suite 1013, Arlington, VA 22203-
1804.



                    Subpart B_Standards and Practices



Sec. 137.18  Duties of persons specified in Sec. 137.1(a).

    In order to make all appropriate inquiries, persons seeking 
toestablish the liability protection under Sec. 137.1(a) mustconduct 
the inquiries and investigations as required in this part andensure that 
the inquiries and investigations required to be made byenvironmental 
professionals are made.



Sec. 137.20  May industry standards be used to comply with this regulation?

    The industry standards in ASTM E 1527-05, (Referenced inSec. 
137.15) may be used to comply with the requirements setforth in 
Sec. Sec. 137.45 through 137.85 of this part. Useof ASTM E 1527-05 for 
this purpose is optional and notmandatory.



Sec. 137.25  Qualifications of the environmental professional.

    (a) An environmental professional is an individual who 
possessessufficient specific education, training, and experience 
necessary toexercise professional judgment to develop opinions and 
conclusionsregarding conditions indicative of the presence or likely 
presence ofoil at a facility and the real property on which the facility 
islocated sufficient to meet the objectives and performance factors 
inSec. 137.30(a) and (b).
    (1) Such a person must--
    (i) Hold a current Professional Engineer's or 
ProfessionalGeologist's license or registration from a State, tribe, or 
U.S.territory (or the Commonwealth of Puerto Rico) and have the 
equivalentof 3 years of full-time relevant experience;
    (ii) Be licensed or certified by the Federal government, a 
State,tribe, or U.S. territory (or the Commonwealth of Puerto Rico) 
toperform environmental inquiries under Sec. 137.35 and havethe 
equivalent of 3 years of full-time relevant experience;
    (iii) Have a Baccalaureate or higher degree from an 
accreditedinstitution of higher education in a discipline of engineering 
orscience and the equivalent of 5 years of full-time relevantexperience; 
or
    (iv) Have the equivalent of 10 years of full-time 
relevantexperience.
    (2) An environmental professional should remain current in his orher 
field through participation in continuing education or otheractivities.
    (3) The requirements for an environmental professional in 
thissection do not preempt State professional licensing or 
registrationrequirements, such as those for a professional geologist,

[[Page 81]]

engineer, or site-remediation professional. Before commencingwork, a 
person should determine the applicability of Stateprofessional licensing 
or registration laws to the activities to beundertaken as part of an 
inquiry under Sec. 137.35(b).
    (4) A person who does not qualify as an environmental 
professionalunder this section may assist in the conduct of all 
appropriateinquiries according to this part if the person is under 
thesupervision or responsible charge of an environmental 
professionalmeeting the requirements of this section when conducting 
theinquiries.



Sec. 137.30  Objectives and performance factors.

    (a) Objectives. This part is intended to result in theidentification 
of conditions indicative of the presence or likelypresence of oil at the 
facility and the real property on which thefacility is located. In order 
to meet the objectives of thisregulation, persons specified in Sec. 
137.1(a) and theenvironmental professional must seek to identify, 
through the conductof the standards and practices in this subpart, the 
following types ofinformation about the facility and the real property 
on which thefacility is located:
    (1) Current and past uses and occupancies of the facility and 
thereal property on which the facility is located.
    (2) Current and past uses of oil.
    (3) Waste management and disposal activities that indicatepresence 
or likely presence of oil.
    (4) Current and past corrective actions and response activitiesthat 
indicate presence or likely presence of oil.
    (5) Engineering controls.
    (6) Institutional controls, such as zoning restrictions, 
buildingpermits, and easements.
    (7) Properties adjoining or located nearby the facility and thereal 
property on which the facility is located that have 
environmentalconditions that could have resulted in conditions 
indicative of thepresence or likely presence of oil at the facility and 
the realproperty on which the facility is located.
    (b) Performance factors. In order to meet this part and tomeet the 
objectives stated in paragraph (a) of this section, thepersons specified 
in Sec. 137.1(a) or the environmentalprofessional (as appropriate to 
the particular standard and practice)must--
    (1) Gather the information that is required for each standard 
andpractice listed in this subpart that is publicly available, 
isobtainable from its source within a reasonable time and cost, and 
canbe reviewed practicably; and
    (2) Review and evaluate the thoroughness and reliability of 
theinformation gathered in complying with each standard and 
practicelisted in this subpart taking into account information gathered 
in thecourse of complying with the other standards and practices of 
thispart.



Sec. 137.33  General all appropriate inquiries requirements.

    (a) All appropriate inquiries must be conducted within 1 yearbefore 
the date of acquisition of the real property on which thefacility is 
located, as evidenced by the date of receipt of thedocumentation 
transferring title to, or possession of, the realproperty and must 
include:
    (1) An inquiry by an environmental professional, as provided inSec. 
137.35.
    (2) The collection of information under Sec. 137.40 bypersons 
specified in Sec. 137.1(a).
    (b) The following components of the all appropriate inquiries mustbe 
conducted or updated within 180 days before the date of acquisitionof 
the real property on which the facility is located:
    (1) Interviews with past and present owners, operators, 
andoccupants. See Sec. 137.45.
    (2) Searches for recorded environmental cleanup liens. SeeSec. 
137.55.
    (3) Reviews of Federal, State, tribal, and local governmentrecords. 
See Sec. 137.60.
    (4) Visual inspections of the facility, the real property on 
whichthe facility is located, and adjoining properties. SeeSec. 137.65.
    (5) The declaration by the environmental professional. SeeSec. 
137.35(d).
    (c) All appropriate inquiries may include the results of 
andinformation contained in an inquiry previously conducted by, or 
onbehalf of, persons

[[Page 82]]

specified in Sec. 137.1(a) who areresponsible for the inquiries for the 
facility and the real propertyon which the facility is located if--
    (1) The information was collected during the conduct of an all-
appropriate-inquiries investigation under this part.
    (2) The information was collected or updated within 1 year beforethe 
date of acquisition of the real property on which the facility 
islocated.
    (3) The following components of the inquiries were conducted 
orupdated within 180 days before the date of acquisition of the 
realproperty on which the facility is located:
    (i) Interviews with past and present owners, operators, 
andoccupants. See Sec. 137.45.
    (ii) Searches for recorded environmental cleanup liens. SeeSec. 
137.55.
    (iii) Reviews of Federal, State, tribal, and local 
governmentrecords. See Sec. 137.60.
    (iv) Visual inspections of the facility, the real property onwhich 
the facility is located, and the adjoining properties. SeeSec. 137.65.
    (v) The declaration by the environmental professional. SeeSec. 
137.35(d).
    (4) Previously collected information is updated by includingrelevant 
changes in the conditions of the facility and the realproperty on which 
the facility is located and specialized knowledge,as outlined in Sec. 
137.70, of the persons conducting theall appropriate inquiries for the 
facility and the real property onwhich the facility is located, 
including persons specified inSec. 137.1(a) and the environmental 
professional.
    (d) All appropriate inquiries may include the results of 
anenvironmental professional's report under Sec. 137.35(c)that have 
been prepared by or for other persons if--
    (1) The reports meet the objectives and performance factors inSec. 
137.30(a) and (b); and
    (2) The person specified in Sec. 137.1(a) reviews theinformation 
and conducts the additional inquiries underSec. Sec. 137.70, 137.75, 
and 137.80 and updates theinquiries requiring an update under paragraph 
(b) of this section.
    (e) To the extent there are data gaps that affect the ability 
ofpersons specified in Sec. 137.1(a) and environmentalprofessionals to 
identify conditions indicative of the presence orlikely presence of oil, 
the gaps must be identified in the reportunder Sec. 137.35(c)(2). In 
addition, the sources ofinformation consulted to address data gaps 
should be identified andthe significance of the gaps noted. Sampling and 
analysis may beconducted to develop information to address data gaps.
    (f) Any conditions indicative of the presence or likely presenceof 
oil identified as part of the all-appropriate-inquiriesinvestigation 
should be noted in the report.



Sec. 137.35  Inquiries by an environmental professional.

    (a) Inquiries by an environmental professional must be 
conductedeither by the environmental professional or by a person under 
thesupervision or responsible charge of an environmental professional.
    (b) The inquiry of the environmental professional must include 
therequirements in Sec. Sec. 137.45 (interviews with past andpresent 
owners), 137.50 (reviews of historical sources), 137.60(reviews of 
government records), 137.65 (visual inspections), 137.80(commonly known 
or reasonably ascertainable information) and 137.85(degree of 
obviousness of the presence or likely presence of oil). Inaddition, the 
inquiry should take into account information provided tothe 
environmental professional by the person specified inSec. 137.1(a) 
conducting the additional inquiries underSec. 137.40.
    (c) The results of the inquiry by an environmental professionalmust 
be documented in a written report that, at a minimum, includesthe 
following:
    (1) An opinion as to whether the inquiry has identified 
conditionsindicative of the presence or likely presence of oil at the 
facilityand the real property on which the facility is located.
    (2) An identification of data gaps in the information developed 
aspart of the inquiry that affect the ability of the 
environmentalprofessional to identify conditions indicative of the 
presence orlikely presence of oil at the facility and the real property 
on whichthe facility is located. The report must also indicate whether 
thegaps prevented the environmental professional

[[Page 83]]

from reaching anopinion regarding the identification of conditions 
indicative of thepresence or likely presence of oil.
    (3) The qualifications of the environmental professional.
    (4) An opinion regarding whether additional appropriateinvestigation 
is necessary.
    (d) The environmental professional must place the 
followingstatements in the written document identified in paragraph (c) 
of thissection and sign the document: ``[I, We] declare that, to thebest 
of [my, our] professional knowledge, [I, we] meet therequirements under 
33 CFR 137.25 for an environmentalprofessional.'' and ``[I, We] have the 
specificqualifications based on education, training, and experience to 
assessthe nature, history, and setting of a facility and the real 
propertyon which it is located. [I, We] have developed and conducted 
allappropriate inquiries according to the standards and practices in 
33CFR part 137.''



Sec. 137.40  Additional inquiries.

    (a) Persons specified in Sec. 137.1(a) must conductinquiries in 
addition to those conducted by the environmentalprofessional under Sec. 
137.35 and may provide theinformation associated with these additional 
inquiries to theenvironmental professional responsible for conducting 
the activitieslisted in Sec. 137.35--
    (1) As required by Sec. 137.55 and if not otherwiseobtained by the 
environmental professional, environmental cleanupliens against the 
facility and the real property on which it islocated that are filed or 
recorded under Federal, State, tribal, orlocal law.
    (2) As required by Sec. 137.70, specialized knowledge orexperience 
of the person specified in Sec. 137.1(a).
    (3) As required by Sec. 137.75, the relationship of thepurchase 
price to the fair market value of the facility and the realproperty on 
which the facility is located if the oil was not at thefacility and the 
real property on which it is located.
    (4) As required by Sec. 137.80 and if not otherwiseobtained by the 
environmental professional, commonly known orreasonably ascertainable 
information about the facility and the realproperty on which it is 
located.
    (b) [Reserved]



Sec. 137.45  Interviews with past and present owners, operators, and occupants.

    (a) Interviews with owners, operators, and occupants of thefacility 
and the real property on which the facility is located mustbe conducted 
for the purposes of achieving the objectives andperformance factors of 
Sec. 137.30(a) and (b).
    (b) The inquiry of the environmental professional must 
includeinterviewing the current owner and occupant of the facility and 
thereal property on which the facility is located. If the facility 
andthe real property on which the facility is located has 
multipleoccupants, the inquiry of the environmental professional must 
includeinterviewing major occupants, as well as those occupants likely 
touse, store, treat, handle or dispose of oil or those who have 
likelydone so in the past.
    (c) The inquiry of the environmental professional also mustinclude, 
to the extent necessary to achieve the objectives andperformance factors 
in Sec. 137.30(a) and (b), interviewingone or more of the following 
persons:
    (1) Current and past facility and real property managers 
withrelevant knowledge of uses and physical characteristics of 
thefacility and the real property on which the facility is located.
    (2) Past owners, occupants, or operators of the facility and thereal 
property on which the facility is located.
    (3) Employees of current and past occupants of the facility andthe 
real property on which the facility is located.
    (d) In the case of inquiries conducted at abandoned propertieswhere 
there is evidence of potential unauthorized uses or evidence 
ofuncontrolled access, the environmental professional's inquiry 
mustinclude an interview of at least one owner or occupant of 
aneighboring property from which it appears possible that the owner 
oroccupant of the neighboring property could have observed use or 
otherpresence or likely presence of oil.

[[Page 84]]



Sec. 137.50  Reviews of historical sources of information.

    (a) Historical documents and records must be reviewed for 
thepurposes of achieving the objectives and performance factors ofSec. 
137.30(a) and (b). Historical documents and records mayinclude, but are 
not limited to, aerial photographs, fire insurancemaps, building 
department records, chain of title documents, and landuse records.
    (b) Historical documents and records reviewed must cover a periodof 
time as far back in the history of the real property to when thefirst 
structure was built or when it was first used for 
residential,agricultural, commercial, industrial, or governmental 
purposes. Theenvironmental professional may exercise professional 
judgment incontext of the facts available at the time of the inquiry as 
to howfar back in time it is necessary to search historical records.



Sec. 137.55  Searches for recorded environmental cleanup liens.

    (a) All appropriate inquiries must include a search for theexistence 
of environmental cleanup liens against the facility and thereal property 
on which the facility is located that are filed orrecorded under 
Federal, State, tribal, or local law.
    (b) All information collected by persons specified inSec. 137.1(a) 
rather than an environmental professionalregarding the existence of 
environmental cleanup liens associated withthe facility and the real 
property on which the facility is locatedmay be provided to the 
environmental professional or retained by theapplicable party.



Sec. 137.60  Reviews of Federal, State, tribal, and local government records.

    (a) Federal, State, tribal, and local government records ordatabases 
of government records of the facility, the real property onwhich the 
facility is located, and adjoining properties must bereviewed for the 
purposes of achieving the objectives and performancefactors of Sec. 
137.30(a) and (b).
    (b) With regard to the facility and the property on which 
thefacility is located, the review of Federal, State, and 
tribalgovernment records or databases of the government records and 
localgovernment records and databases of the records should include--
    (1) Records of reported oil discharges present, including 
siteinvestigation reports for the facility and the real property on 
whichthe facility is located;
    (2) Records of activities, conditions, or incidents likely tocause 
or contribute to discharges or substantial threat of dischargesof oil, 
including landfill and other disposal unit location recordsand permits, 
storage tank records and permits, hazardous waste handlerand generator 
records and permits, Federal, tribal and Stategovernment listings of 
sites identified as priority cleanup sites, andspill reporting records;
    (3) Comprehensive Environmental Response, Compensation, andLiability 
Information System (CERCLIS) records;
    (4) Public health records;
    (5) Emergency Response Notification System records;
    (6) Registries or publicly available lists of engineeringcontrols; 
and
    (7) Registries or publicly available lists of institutionalcontrols, 
including environmental land use restrictions, applicable tothe facility 
and the real property on which the facility is located.
    (c) With regard to nearby or adjoining properties, the review 
ofFederal, State, tribal, and local government records or databases 
ofgovernment records should include the identification of the following:
    (1) Properties for which there are government records of 
reporteddischarges or substantial threat of discharges of oil. Such 
records ordatabases containing such records and the associated distances 
fromthe facility and the real property on which the facility is 
locatedfor which such information should be searched include the 
following:
    (i) Records of National Priorities List (NPL) sites or tribal- 
andState-equivalent sites (one mile).
    (ii) Resource Conservation and Recovery Act (RCRA) propertiessubject 
to corrective action (one mile).

[[Page 85]]

    (iii) Records of Federally-registered, or State-permitted or -
registered, hazardous waste sites identified for investigation 
orremediation, such as sites enrolled in State and tribal 
voluntarycleanup programs and tribal- and State-listed brownfield sites 
(one-half mile).
    (iv) Records of leaking underground storage tanks (one-half mile).
    (2) Properties that previously were identified or regulated by 
agovernment entity due to environmental concerns at the facility andthe 
real property on which the facility is located. The records ordatabases 
containing the records and the associated distances from thefacility and 
the real property on which the facility is located forwhich the 
information should be searched include the following:
    (i) Records of delisted NPL sites (one-half mile).
    (ii) Registries or publicly available lists of engineeringcontrols 
(one-half mile).
    (iii) Records of former CERCLIS sites with no further remedialaction 
notices (one-half mile).
    (3) Properties for which there are records of Federally-
permitted,State-permitted or -registered, or tribal-permitted or -
registeredwaste management activities. The records or databases that may 
containthe records include the following:
    (i) Records of RCRA small quantity and large quantity 
generators(adjoining properties).
    (ii) Records of Federally-permitted, State-permitted or -registered, 
or tribal-permitted landfills and solid waste managementfacilities (one-
half mile).
    (iii) Records of registered storage tanks (adjoining property).
    (4) A review of additional government records with regard to 
sitesidentified under paragraphs (c)(1) through (c)(3) of this section 
maybe necessary in the judgment of the environmental professional for 
thepurpose of achieving the objectives and performance factors 
ofSec. Sec. 137.30(a) and (b).
    (d) The search distance from the real property boundary forreviewing 
government records or databases of government records listedin paragraph 
(c) of this section may be modified based upon theprofessional judgment 
of the environmental professional. The rationalefor the modifications 
must be documented by the environmentalprofessional. The environmental 
professional may consider one or moreof the following factors in 
determining an alternate appropriatesearch distance--
    (1) The nature and extent of a discharge.
    (2) Geologic, hydrogeologic, or topographic conditions of 
theproperty and surrounding environment.
    (3) Land use or development densities.
    (4) The property type.
    (5) Existing or past uses of surrounding properties.
    (6) Potential migration pathways (e.g., groundwater flowdirection, 
prevalent wind direction).
    (7) Other relevant factors.



Sec. 137.65  Visual inspections of the facility, the real property on which thefacility is located, and adjoining properties.

    (a) For the purpose of achieving the objectives and 
performancefactors of Sec. 137.30(a) and (b), the inquiry of 
theenvironmental professional must include the following:
    (1) A visual on-site inspection of the facility and the realproperty 
on which the facility is located, and the improvements at thefacility 
and real property, including a visual inspection of the areaswhere oil 
may be or may have been used, stored, treated, handled, ordisposed. 
Physical limitations to the visual inspection must be noted.
    (2) A visual inspection of adjoining properties, from the 
subjectreal property line, public rights-of-way, or other vantage 
point(e.g., aerial photography), including a visual inspection of 
areaswhere oil may be or may have been stored, treated, handled 
ordisposed. A visual on-site inspection is recommended, though 
notrequired. Physical limitations to the inspection of 
adjacentproperties must be noted.
    (b) Except as in paragraph (c) of this section, a visual on-
siteinspection of the facility and the real property on which the 
facilityis located must be conducted.
    (c) An on-site inspection is not required if an on-site 
visualinspection of the facility and the real property on which the 
facilityis located cannot be

[[Page 86]]

performed because of physical limitations,remote and inaccessible 
location, or other inability to obtain accessto the facility and the 
real property on which the facility is locatedafter good faith efforts 
have been taken to obtain access. The mererefusal of a voluntary seller 
to provide access to the facility andthe real property on which the 
facility is located is notjustification for not conducting an on-site 
inspection. The inquiry ofthe environmental professional must include--
    (1) Visually inspecting the facility and the real property onwhich 
the facility is located using another method, such as aerialimagery for 
large properties, or visually inspecting the facility andthe real 
property on which the facility is located from the nearestaccessible 
vantage point, such as the property line or public road forsmall 
properties;
    (2) Documenting the efforts undertaken to obtain access and 
anexplanation of why such efforts were unsuccessful; and
    (3) Documenting other sources of information regarding thepresence 
or likely presence of oil at the facility and the realproperty on which 
the facility is located that were consultedaccording to Sec. 137.30(a). 
The documentation shouldinclude comments, if any, by the environmental 
professional on thesignificance of the failure to conduct a visual on-
site inspection ofthe facility and the real property on which the 
facility is locatedwith regard to the ability to identify conditions 
indicative of thepresence or likely presence of oil at the facility and 
the realproperty.



Sec. 137.70  Specialized knowledge or experience on the part of personsspecified in Sec. 137.1(a).

    (a) For the purpose of identifying conditions indicative of 
thepresence or likely presence of oil at the facility and the 
realproperty on which the facility is located, persons specified inSec. 
137.1(a) must take into account their own specializedknowledge of the 
facility and the real property on which the facilityis located, the area 
surrounding the facility and the real property onwhich the facility is 
located, and the conditions of adjoiningproperties and their experience 
relevant to the inquiry.
    (b) The results of all appropriate inquiries underSec. 137.33 must 
take into account the relevant andapplicable specialized knowledge and 
experience of the personsspecified in Sec. 137.1(a) responsible for 
undertaking theinquiry.



Sec. 137.75  The relationship of the purchase price to the value of thefacility and the real property on which the facility is located, ifoil was not at the 
          facility or on the real property.

    (a) Persons specified in Sec. 137.1(a) must considerwhether the 
purchase price of the facility and the real property onwhich the 
facility is located reasonably reflects the fair marketvalue of the 
facility and real property if oil was not present orlikely present.
    (b) If the persons conclude that the purchase price does 
notreasonably reflect the fair market value of that facility and 
realproperty if oil was not at the facility and the real property, 
theymust consider whether or not the differential in purchase price 
andfair market value is due to the presence or likely presence of oil.



Sec. 137.80  Commonly known or reasonably ascertainable information about thefacility and the real property on which the facility is located.

    (a) Throughout the inquiries, persons specified inSec. 137.1(a) and 
environmental professionals conducting theinquiry must take into account 
commonly known or reasonablyascertainable information within the local 
community about thefacility and the real property on which the facility 
is located andconsider that information when seeking to identify 
conditionsindicative of the presence or likely presence of oil at the 
facilityand the real property.
    (b) Commonly known information may include information obtained 
bythe person specified in Sec. 137.1(a) or by theenvironmental 
professional about the presence or likely presence ofoil at the facility 
and the real property on which the facility islocated that is incidental 
to the information obtained during theinquiry of the environmental 
professional.

[[Page 87]]

    (c) To the extent necessary to achieve the objectives andperformance 
factors of Sec. 137.30(a) and (b), the personspecified in Sec. 
137.1(a) and the environmentalprofessional must gather information from 
varied sources whose inputeither individually or taken together may 
provide commonly known orreasonably ascertainable information about the 
facility and the realproperty on which the facility is located; the 
environmentalprofessional may refer to one or more of the following 
sources ofinformation:
    (1) Current owners or occupants of neighboring properties 
orproperties adjacent to the facility and the real property on which 
thefacility is located.
    (2) Local and state government officials who may have knowledgeof, 
or information related to, the facility and the real property onwhich 
the facility is located.
    (3) Others with knowledge of the facility and the real property 
onwhich the facility is located.
    (4) Other sources of information, such as newspapers, Web 
sites,community organizations, local libraries, and historical 
societies.



Sec. 137.85  The degree of obviousness of the presence or likely presence ofoil at the facility and the real property on which the facility islocated and the 
          ability to detect the oil by appropriateinvestigation.

    (a) Persons specified in Sec. 137.1(a) and 
environmentalprofessionals conducting an inquiry of a facility and the 
realproperty on which it is located on their behalf must take into 
accountthe information collected under Sec. Sec. 137.45 through137.80 
in considering the degree of obviousness of the presence orlikely 
presence of oil at the facility and the real property on whichthe 
facility is located.
    (b) Persons specified in Sec. 137.1(a) and 
environmentalprofessionals conducting an inquiry of a facility and the 
property onwhich the facility is located on their behalf must take into 
accountthe information collected under Sec. Sec. 137.45 through137.80 
in considering the ability to detect the presence or likelypresence of 
oil by appropriate investigation. The report of theenvironmental 
professional should include an opinion underSec. 137.35(c)(4) regarding 
whether additional appropriateinvestigation is necessary.



PART 138_FINANCIAL RESPONSIBILITY FOR WATERPOLLUTION (VESSELS)--Table of Contents




Sec.
138.10 Scope.
138.12 Applicability.
138.15 Implementation schedule.
138.20 Definitions.
138.30 General.
138.40 Where to apply for and obtain forms.
138.50 Time to apply.
138.60 Applications, general instructions.
138.65 Issuance and carriage of Certificates.
138.70 Renewal of Certificates.
138.80 Financial responsibility, how established.
138.90 Individual and Fleet Certificates.
138.100 Non-owning operator's responsibility foridentification.
138.110 Master Certificates.
138.120 Certificates, denial or revocation.
138.130 Fees.
138.140 Enforcement.
138.150 Service of process.

Appendix A to Part 138--Application Form.
Appendix B to Part 138--Insurance Guaranty Form
Appendix C to Part 138--Master Insurance Guaranty Form
Appendix D to Part 138--Surety Bond Guaranty Form
Appendix E to Part 138--Financial Guaranty Form
Appendix F to Part 138--Master Financial Guaranty Form

    Authority: 33 U.S.C. 2716, 2716a; 42 U.S.C. 9608, 9609;sec. 7(b), 
E.O. 12580, 3 CFR, 1987 Comp., p. 198; E.O. 12777, 3 CFR1991 Comp., p. 
351; 49 CFR 1.46.
    Section 138.30 also issued under the authority of 46 U.S.C. 
2103,14302.

    Source: CGD 91-005, 59 FR 34227, July 1, 1994,unless otherwise 
noted.



Sec. 138.10  Scope.

    This part sets forth the procedures by which an operator of avessel 
may establish and maintain, for itself, and, where the operatoris not 
the owner or demise charterer, for the owner and demisecharterer of the 
vessel, evidence of financial responsibility to coverliability of the 
owner, operator, and demise charterer arisingunder--
    (a) Section 1002 of the Oil Pollution Act of 1990 (OPA 90) (33U.S.C. 
2702); and

[[Page 88]]

    (b) Section 107(a)(1) of the Comprehensive EnvironmentalResponse, 
Compensation, and Liability Act, as amended (CERCLA) (42U.S.C. 
9607(a)(1)).

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended byCGD 91-005, 61 FR 
9274, Mar. 7, 1996]



Sec. 138.12  Applicability.

    (a) This part applies to--
    (1) A tank vessel of any size, and to a foreign-flag vessel of 
anysize, using the waters of the exclusive economic zone to transship 
orlighter oil (whether delivering or receiving) destined for a 
placesubject to the jurisdiction of the United States; and
    (2) A vessel using the navigable waters of the United States orany 
port or place subject to the jurisdiction of the United States,including 
an offshore facility subject to the jurisdiction of theUnited States, 
except--
    (i) A vessel that is 300 gross tons or less; and
    (ii) A non-self-propelled barge that does not carry oil as cargoor 
fuel and does not carry hazardous substances as cargo.
    (b) For the purposes of financial responsibility under OPA 90, 
amobile offshore drilling unit is treated as a tank vessel when it 
isbeing used as an offshore facility and there is a discharge, or 
asubstantial threat of a discharge, of oil on or above the surface ofthe 
water. A mobile offshore drilling unit is treated as a vesselother than 
a tank vessel when it is not being used as an offshorefacility.
    (c) In addition to a non-self-propelled barge over 300 gross 
tonsthat carries hazardous substances as cargo, for the purposes 
offinancial responsibility under CERCLA, this part applies to a self-
propelled vessel over 300 gross tons, even if it does not carryhazardous 
substances.
    (d) This part does not apply to a public vessel.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended at61 FR 9274, Mar. 7, 
1996]



Sec. 138.15  Implementation schedule.

    (a) A tank vessel is subject to the following 
implementationschedule:
    (1) Until December 28, 1994, a tank vessel is required to carry 
aCertificate issued under parts 130, 131, and 132 of this chapter, asmay 
be applicable to that vessel. On or after that date, and untilJuly 1, 
1995, a non-self-propelled tank vessel must carry aCertificate issued 
under parts 130, 131, and 132 of this chapter, asmay be applicable to 
that vessel, unless it carries a Certificateissued under this part.
    (2) A self-propelled tank vessel to which this part applies andwhich 
carries a valid Certificate issued under part 130 of thischapter may not 
operate on or after December 28, 1994, unless theoperator of that vessel 
has submitted to the Director, NPFC, beforethat date acceptable evidence 
of financial responsibility applicableto that vessel under this part. A 
self-propelled tank vessel coveredby that evidence of financial 
responsibility before December 28, 1994,may continue to operate with the 
Certificate issued under part 130 ofthis chapter. The expiration date of 
the Certificate issued under part130 of this chapter for that vessel 
will be deemed to be December 28,1995, regardless of the expiration date 
appearing on the Certificate.Thereafter, a Certificate issued under this 
part is required.
    (3) A self-propelled tank vessel to which this part applies, 
butwhich does not carry a valid Certificate issued under part 130 of 
thischapter before December 28, 1994, may not operate on or after 
thatdate unless it carries a Certificate under this part.
    (4) A non-self-propelled tank vessel to which this part appliesmay 
not operate on or after July 1, 1995, without a Certificate issuedunder 
this part. A non-self-propelled tank vessel may continue tooperate with 
a Certificate issued under parts 130, 131, and 132 ofthis chapter, as 
may be applicable to that vessel, until that date.
    (b) A vessel that is not a tank vessel (non-tank vessel) issubject 
to the following implementation schedule:
    (1) Until December 28, 1997, a non-tank vessel is required tocarry a 
Certificate issued under parts 130 and 132 of this chapter, asmay be 
applicable to that vessel, unless that vessel carries aCertificate 
issued under this part. On or after December 28, 1997,each non-tank 
vessel subject to this part must carry a Certificateissued under this 
part.

[[Page 89]]

    (2) A Certificate is issued, on and after December 28, 1994,and 
before December 28, 1997, under parts 130 and 132 of this chapteronly to 
replace a lost Certificate or to replace a Certificate due toa vessel or 
operator name change (a change of legal identity, such asreincorporation 
or other reorganization, is not considered a namechange). The expiration 
date that will appear on the replacementCertificate will be the same as 
the expiration date of the Certificatebeing replaced. During that three-
year time period, with respect topart 132 of this chapter, the 
expiration date that will appear on aCertificate being replaced, or on 
an existing Certificate beingrenewed, will be adjusted to coincide with 
the expiration date of theCertificate, if any, for that vessel issued 
under part 130 of thischapter.
    (3) A non-tank vessel that has a Certificate issued beforeDecember 
28, 1994, under part 130 of this chapter is not required tocarry a 
Certificate under this part until the date of expiration ofthe 
Certificate issued under part 130 of this chapter.
    (4) Except as provided in paragraph (b)(5) of this section, 
aCertificate issued on and after July 1, 1994, and before December 
28,1994, under parts 130 and 132 of this chapter is issued with 
anexpiration date three years from the date of issuance.
    (5) If a Certificate issued under part 130 of this chapter with 
anexpiration date of December 28, 1994, or later is surrendered, and 
anew Certificate is requested for the same non-tank vessel 
beforeDecember 28, 1994, the new Certificate will have the same 
expirationdate as that of the surrendered Certificate.
    (c) On or after July 1, 1994, a vessel that is subject to eitherpart 
131 or 132, or both, of this chapter but that is not subject topart 130 
of this chapter because the vessel is 300 gross tons or lessis not 
required to comply with part 131 or 132 of this chapter, unlessthat 
vessel is subject to this part under Sec. 138.12(a)(1).



Sec. 138.20  Definitions.

    (a) As used in this part (including the appendices to this part),the 
following terms have the same meaning as set forth in--
    (1) Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C.2701), 
respecting the financial responsibility referred to inSec. 
138.10(b)(1): claimant, damages, discharge,exclusive economic zone, 
navigable waters, mobile offshore drillingunit, natural resources, 
offshore facility, oil, person, remove,removal, removal costs, and 
United States; and
    (2) Section 101 of the Comprehensive Environmental 
Response,Compensation, and Liability Act (42 U.S.C. 9601), respecting 
thefinancial responsibility referred to in Sec. 138.10(b)(2):claimant, 
damages, environment, hazardous substance, navigablewaters, natural 
resources, person, release, remove, removal, andUnited States.
    (b) As used in this part (including the appendices to this part)--
    Acts means OPA 90 and CERCLA.
    Applicant means an operator who has applied for aCertificate or for 
the renewal of a Certificate under this part.
    Application means ``Application for Vessel Certificateof Financial 
Responsibility (Water Pollution)'', as illustratedin Appendix A of this 
part.
    Cargo means goods or materials on board a vessel forpurposes of 
transportation, whether proprietary or nonproprietary. Ahazardous 
substance or oil carried solely for use aboard the carryingvessel is not 
``cargo''.
    CERCLA means title I of the Comprehensive EnvironmentalResponse, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601et seq.).
    Certificant means an operator who has been issued aCertificate under 
this part.
    Certificate means a ``Vessel Certificate of FinancialResponsibility 
(Water Pollution)'' issued under this part,unless otherwise indicated.
    Director, NPFC, means the head of the U.S. Coast GuardNational 
Pollution Funds Center (NPFC).
    Financial responsibility means statutorily requiredfinancial ability 
to meet liability under the Acts.
    Fish tender vessel and fishing vessel have the same meaningas set 
forth in 46 U.S.C. 2101.
    Fuel means any oil or hazardous substance used or capable ofbeing 
used to produce heat or power by burning, including power tooperate 
equipment. A hand-carried pump with not more than

[[Page 90]]

fivegallons of fuel capacity, that is neither integral to nor 
regularlystored aboard a non-self-propelled barge, is not equipment.
    Guarantor means any person who provides evidence offinancial 
responsibility, under the Acts, on behalf of a vessel owner,operator, 
and demise charterer. A vessel operator who can qualify as aself-insurer 
may act as both a self-insurer of vessels it operates andas a financial 
guarantor of other vessels, underSec. 138.80(b)(4).
    Hazardous material means a liquid material or substance thatis--
    (1) Flammable or combustible;
    (2) Designated a hazardous substance under section 311(b) of 
theFederal Water Pollution Control Act (33 U.S.C. 1221); or
    (3) Designated a hazardous material under section 104 of 
theHazardous Material Transportation Act (49 App. U.S.C. 1803).
    Incident means any occurrence or series of occurrenceshaving the 
same origin, involving one or more vessels, facilities, orany 
combination thereof, resulting in the discharge or substantialthreat of 
discharge of oil into or upon the navigable waters oradjoining 
shorelines or the exclusive economic zone.
    Insurer is a type of guarantor and means one or moreinsurance 
companies, associations of underwriters, shipowners'protection and 
indemnity associations, or other persons, each of whichmust be 
acceptable to the Coast Guard.
    Master Certificate means a Certificate issued under thispart to a 
person acting as vessel operator in its capacity as abuilder, repairer, 
scrapper, or seller of vessels.
    Offshore supply vessel has the same meaning as set forth in46 U.S.C. 
2101.
    OPA 90 means title I of the Oil Pollution Act of 1990 (33U.S.C. 2701 
et seq.).
    Operator means a person who is an owner, a demise charterer,or other 
contractor, who conducts the operation of, or who isresponsible for the 
operation of, a vessel. A builder, repairer,scrapper, lessor, or seller 
who is responsible, or who agrees bycontract to become responsible, for 
a vessel is an operator.
    Owner means any person holding legal or equitable title to avessel. 
In a case where a Certificate of Documentation or equivalentdocument has 
been issued, the owner is considered to be the person orpersons whose 
name or names appear thereon as owner. For purposes ofCERCLA only, 
``owner'' does not include a person who,without participating in the 
management of a vessel, holds indicia ofownership primarily to protect 
the owner's security interest in thevessel.
    Public vessel means a vessel
    Owned or bareboat chartered by the United States, or by a State 
orpolitical subdivision thereof, or by a foreign nation, except when 
thevessel is engaged in commerce.
    Self-elevating lift vessel means a vessel with movable legscapable 
of raising its hull above the surface of the sea and that isan offshore 
work boat (such as a work barge) that does not engage indrilling 
operations.
    Tank vessel means a vessel (other than an offshore supplyvessel, a 
fishing or fish tender vessel of 750 gross tons or less thattransfers 
fuel without charge to a fishing vessel owned by the sameperson, or a 
towing or pushing vessel (tug) simply because it has inits custody a 
tank barge) that is constructed or adapted to carry, orthat carries, oil 
or liquid hazardous material in bulk as cargo orcargo residue, and 
that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters; or
    (3) Transfers oil or hazardous material in a place subject to 
thejurisdiction of the United States.
    Total Applicable Amount means the amount determined underSec. 
138.80(f)(3).
    Vessel means every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on water.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended byCGD 91-005, 61 FR 
9274, Mar. 7, 1996]



Sec. 138.30  General.

    (a) The regulations in this part set forth the procedures wherebyan 
operator of a vessel subject to this part can demonstrate that itand the 
owner and

[[Page 91]]

demise charterer of the vessel are financiallyable to meet potential 
liability for costs and damages in the amountsestablished by this part. 
The owner, operator, and demise chartererare strictly, jointly, and 
severally liable for the costs and damagesresulting from an incident or 
a release or threatened release, buttogether they need only establish 
and maintain an amount of financialresponsibility equal to the single 
limit of liability per incident,release, or threatened release. Only 
that portion of the evidence offinancial responsibility under this part 
with respect to--
    (1) OPA 90 is required to be made available by a guarantor for 
thecosts and damages related to an incident where there is not also 
arelease or threatened release; and
    (2) CERCLA is required to be made available by a guarantor for 
thecosts and damages related to a release or threatened release 
wherethere is not also an incident. A guarantor (or a self-insurer for 
whomthe exceptions to limitations of liability are not 
applicable),therefore, is not required to apply the entire amount of 
financialresponsibility to an incident involving oil alone or a release 
orthreatened release involving a hazardous substance alone.
    (b) Where a vessel is operated by its owner, or the owner 
isresponsible for its operation, the owner is considered to be 
theoperator and shall submit the application for a Certificate. In 
allother cases, the vessel operator shall submit the application. A 
timeor voyage charterer that does not assume responsibility for 
theoperation of the vessel is not considered an operator for the 
purposesof this part.
    (c) For a United States-flag vessel, the applicable gross tons 
orgross tonnage, as referred to in this part, is determined as follows:
    (1) For a documented U.S. vessel measured under both 46 
U.S.C.Chapters 143 (Convention Measurement) and 145 
(RegulatoryMeasurement). The vessel's regulatory gross tonnage is used 
todetermine whether the vessel exceeds 300 gross tons where 
thatthreshold applies under the Acts. If the vessel's regulatory 
tonnageis determined under the Dual Measurement System in 46 CFR part 
69,subpart D, the higher gross tonnage is the regulatory tonnage for 
thepurposes of the 300 gross ton threshold. The vessel's gross tonnage 
asmeasured under the International Convention on Tonnage Measurement 
ofShips, 1969 (``Convention''), is used to determine thevessel's 
required amount of financial responsibility, and limit ofliability under 
section 1004(a) of OPA 90 and under section 107(a) ofCERCLA.
    (2) For all other United States vessels. The vessel's grosstonnage 
under 46 CFR part 69 is used for determining both the 300gross ton 
threshold, the required amount of financial responsibility,and limit of 
liability under section 1004(a) of OPA 90 and undersection 107(a) of 
CERCLA. If the vessel is measured under the DualMeasurement System, the 
higher gross tonnage is used in alldeterminations.
    (d) For a vessel of a foreign country that is a party to 
theConvention, gross tonnage, as referred to in this part, is 
determinedas follows:
    (1) For a vessel assigned, or presently required to beassigned, 
gross tonnage under Annex I of the Convention. Thevessel's gross tonnage 
as measured under Annex I of the Convention isused for determining the 
300 gross ton threshold, if applicable, therequired amount of financial 
responsibility, and limit of liabilityunder section 1004(a) of OPA 90 
and under section 107(a) of CERCLA.
    (2) For a vessel not presently required to be assigned grosstonnage 
under Annex I of the Convention. The highest gross tonnagethat appears 
on the vessel's certificate of documentation orequivalent document and 
that is acceptable to the Coast Guard under 46U.S.C. chapter 143 is used 
for determining the 300 gross tonthreshold, if applicable, the required 
amount of financialresponsibility, and limit of liability under section 
1004(a) of OPA 90and under section 107(a) of CERCLA. If the vessel has 
no document orthe gross tonnage appearing on the document is not 
acceptable under 46U.S.C. chapter 143, the vessel's gross tonnage is 
determined byapplying the Convention Measurement System under 46 CFR 
part 69,subpart B, or if applicable, the Simplified Measurement System 
under

[[Page 92]]

46 CFR part 69, subpart E. The measurement standards applied aresubject 
to applicable international agreements to which the UnitedStates 
Government is a party.
    (e) For a vessel of a foreign country that is not a party to 
theConvention, gross tonnage, as referred to in this part, is 
determinedas follows:
    (1) For a vessel measured under laws and regulations found bythe 
Commandant to be similar to Annex I of the Convention. Thevessel's gross 
tonnage under the similar laws and regulations is usedfor determining 
the 300 gross ton threshold, if applicable, therequired amount of 
financial responsibility, and limit of liabilityunder section 1004(a) of 
OPA 90 and under section 107(a) of CERCLA.The measurement standards 
applied are subject to applicableinternational agreements to which the 
United States Government is aparty.
    (2) For a vessel not measured under laws and regulations foundby the 
Commandant to be similar to Annex I of the Convention. Thevessel's gross 
tonnage under 46 CFR part 69, subpart B, or, ifapplicable, subpart E, is 
used for determining the 300 gross tonthreshold, if applicable, the 
required amount of financialresponsibility, and limit of liability under 
section 1004(a) of OPA 90and under section 107(a) of CERCLA. The 
measurement standards appliedare subject to applicable international 
agreements to which the UnitedStates is a party.
    (f) A person who agrees to act as a guarantor or a self-insurer 
isbound by the vessel's gross tonnage as determined under paragraphs(c), 
(d), or (e) of this section, regardless of what gross tonnage 
isspecified in an application or guaranty form illustrated in 
theappendices to this part. Guarantors, however, may limit 
theirliability under a guaranty of financial responsibility to 
theapplicable gross tonnage appearing on a vessel's International 
TonnageCertificate or other official, applicable certificate of 
measurementand shall not incur any greater liability with respect to 
thatguaranty, except when the guarantors knew or should have known 
thatthe applicable tonnage certificate was incorrect.



Sec. 138.40  Where to apply for and obtain forms.

    (a) An operator shall file an application for a Certificate and 
arenewal of a Certificate together with fees and evidence of 
financialresponsibility, with the Coast Guard National Pollution Funds 
Centerat the following address: U.S. Coast Guard, National Pollution 
FundsCenter (cv), 4200 Wilson Boulevard, Suite 1000, Arlington, VA22203-
1804, telephone (202) 493-6780, Telefax (202)493-6781.
    (b) Forms may be obtained at the address in paragraph (a) of 
thissection, and all requests for assistance, including 
telephoneinquiries, in completing applications should be directed to the 
U.S.Coast Guard at that same address.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended byUSCG-1999-5832, 64 
FR 34714, June 29, 1999]



Sec. 138.50  Time to apply.

    (a) A vessel operator who wishes to obtain a Certificate shallfile a 
completed application form, evidence of financialresponsibility and 
appropriate fees at least 21 days prior to the datethe Certificate is 
required. The Director, NPFC, may waive this 21-dayrequirement.
    (b) The Director, NPFC, generally processes applications in theorder 
in which they are received at the National Pollution FundsCenter.



Sec. 138.60  Applications, general instructions.

    (a) The application for a Certificate (Form CG-5585) isillustrated 
in Appendix A of this part. An application and allsupporting documents 
must be in English. All monetary terms must beexpressed in United States 
dollars.
    (b) An authorized official of the applicant shall sign 
theapplication. The title of the signer must be shown in the 
spaceprovided on the application.
    (c) The application must be accompanied by a written 
statementproviding authority to sign, where the signer is not disclosed 
as anindividual (sole proprietor) applicant, a partner in a 
partnershipapplicant, or a director, chief executive officer, or any 
other dulyauthorized officer of a corporate applicant.

[[Page 93]]

    (d) If, before the issuance of a Certificate, the applicantbecomes 
aware of a change in any of the facts contained in theapplication or 
supporting documentation, the applicant shall, withinfive business days 
of becoming aware of the change, notify theDirector, NPFC, in writing, 
of the change.



Sec. 138.65  Issuance and carriage of Certificates.

    Upon the satisfactory demonstration of financial responsibilityand 
payment of fees, the Director, NPFC, issues a Vessel Certificateof 
Financial Responsibility (Water Pollution), the original of which(except 
as provided in Sec. Sec. 138.90 (a) and (b) and138.110(f)) is to be 
carried aboard the vessel covered by theCertificate. The carriage of a 
valid Certificate or authorized copyindicates compliance with these 
regulations. Failure to carry a validCertificate or authorized copy 
subjects the vessel to enforcementaction, except where a Certificate is 
removed temporarily from avessel for inspection by a United States 
Government official.



Sec. 138.70  Renewal of Certificates.

    (a) An operator shall file a written application for the renewalof a 
Certificate at least 21 days, but not earlier than 90 days,before the 
expiration date of the Certificate. Except as provided inparagraph (c) 
of this section, a letter may be used for this purpose.The Director, 
NPFC, may waive this 21-day requirement.
    (b) The applicant shall identify in the renewal application 
anychanges which have occurred since the original application for 
aCertificate was filed, and set forth the correct information in full.
    (c) An applicant that applies for the first time for a 
Certificateissued under this part to replace a Certificate issued under 
part 130of this chapter shall submit an application form illustrated 
inAppendix A of this part. An applicant is not required to pay 
anapplication fee under Sec. 138.130(c) for this first-timeapplication.



Sec. 138.80  Financial responsibility, how established.

    (a) General. In addition to submitting an application andfees, an 
applicant shall submit, or cause to be submitted, evidence offinancial 
responsibility in an amount determined underSec. 138.80(f). A guarantor 
may submit directly to theDirector, NPFC, the evidence of financial 
responsibility.
    (b) Methods. An applicant shall establish evidence offinancial 
responsibility by one or more of the following methods:
    (1) Insurance. By filing with the Director, NPFC, aninsurance 
guaranty form CG-5586, illustrated in Appendix B ofthis part (or, when 
applying for a Master Certificate, a masterinsurance guaranty form CG-
5586-1, illustrated inAppendix C of this part), executed by not more 
than four insurers thathave been found acceptable by and remain 
acceptable to the Director,NPFC, for purposes of this part.
    (2) Surety bond. By filing with the Director, NPFC, a suretybond 
guaranty form CG-5586-2, illustrated in Appendix Dof this part, executed 
by not more than 10 acceptable surety companiescertified by the United 
States Department of the Treasury with respectto the issuance of Federal 
bonds in the maximum penal sum of each bondto be issued under this part.
    (3) Self-insurance. By filing the financial statementsspecified in 
paragraph (b)(3)(i) of this section for the applicant'slast fiscal year 
preceding the date of application and bydemonstrating that the applicant 
maintains, in the United States,working capital and net worth each in 
amounts equal to or greater thanthe total applicable amount calculated 
in accordance withSec. 138.80(f), based on a vessel carrying 
hazardoussubstances as cargo. As used in this paragraph, working 
capitalmeans the amount of current assets located in the United States, 
lessall current liabilities anywhere in the world; and net worthmeans 
the amount of all assets located in the United States, less 
allliabilities anywhere in the world. After the initial submission, 
foreach of the applicant's fiscal years, the applicant or 
certificantshall submit statements as follows:
    (i) Initial and annual submissions. An applicant orcertificant shall 
submit

[[Page 94]]

annual, current, and audited non-consolidated financial statements 
prepared in accordance withGenerally Accepted Accounting Principles, and 
audited by anindependent Certified Public Accountant. These financial 
statementsmust be audited in accordance with Generally Accepted 
AuditingStandards. These financial statements must be accompanied by 
anadditional statement from the Treasurer (or equivalent official) ofthe 
applicant or certificant certifying both the amount of currentassets and 
the amount of total assets included in the accompanyingbalance sheet, 
which are located in the United States. If thefinancial statements 
cannot be submitted in non-consolidated form, aconsolidated statement 
may be submitted if accompanied by anadditional statement prepared by 
the same Certified Public Accountant,verifying the amount by which the 
applicant's or certificant's--
    (A) Total assets, located in the United States, exceed its 
total(i.e., worldwide) liabilities; and
    (B) Current assets, located in the United States, exceed its 
total(i.e., worldwide) current liabilities. This additional 
statementmust specifically name the applicant or certificant, indicate 
that theamounts so verified relate only to the applicant or certificant, 
apartfrom any other affiliated entity, and identify the 
consolidatedfinancial statement to which it applies.
    (ii) Semiannual submissions. When the applicant's orcertificant's 
demonstrated net worth is not at least ten times thetotal applicable 
amount of financial responsibility, the applicant'sor certificant's 
Treasurer (or equivalent official) shall fileaffidavits covering the 
first six months of the applicant's orcertificant's fiscal year. The 
affidavits must state that neither theworking capital nor the net worth 
have, during the first six months ofthe current fiscal year, fallen 
below the applicant's or certificant'srequired amount of financial 
responsibility as determined inaccordance with this part.
    (iii) Additional submissions. An applicant orcertificant--
    (A) Shall, upon request of the Director, NPFC, submit 
additionalfinancial information; and
    (B) Who establishes financial responsibility under paragraph (b)(3) 
of this section shall notify the Director, NPFC, within fivebusiness 
days of the date the applicant or certificant knows, or hasreason to 
believe, that the working capital or net worth has fallenbelow the 
amounts required by this part.
    (iv) Time for submissions. All required annual financialstatements 
must be received by the Director, NPFC, within 90 daysafter the close of 
the applicant's or certificant's fiscal year, andall affidavits required 
by paragraph (b)(3)(ii) of this section within30 days after the close of 
the applicable six-month period. Uponwritten request, the Director, 
NPFC, may grant an extension of thetime limits for filing the annual 
financial statements or affidavits.An applicant or certificant that 
requests an extension must set forththe reason for the extension and 
deliver the request at least 15 daysbefore the statements or affidavits 
are due. The Director, NPFC, willnot consider a request for an extension 
of more than 60 days.
    (v) Failure to submit. The Director, NPFC, may revoke acertificate 
for failure of the certificant to submit any statement,data, 
notification, or affidavit required by paragraph (b)(3) of thissection.
    (vi) Waiver of working capital. The Director, NPFC, maywaive the 
working capital requirement for any applicant or certificantthat--
    (A) Is a regulated public utility, a municipal or higher-
levelgovernmental entity, or an entity operating solely as a 
charitable,non-profit making organization qualifying under section 
501(c)Internal Revenue Code. The applicant or certificant must 
demonstratein writing that the grant of a waiver would benefit a local 
publicinterest; or
    (B) Demonstrates in writing that working capital is not asignificant 
factor in the applicant's or certificant's financialcondition. An 
applicant's or certificant's net worth in relation tothe amount of its 
required amount of financial responsibility and

[[Page 95]]

a history of stable operations are the major elements consideredby the 
Director, NPFC.
    (4) Financial Guaranty. By filing with the Director, NPFC, 
aFinancial Guaranty Form CG-5586-3, illustrated inAppendix E of this 
part (when applying for a Master Certificate, aMaster Financial Guaranty 
Form CG-5586-4, illustrated inAppendix F of this part), executed by not 
more than four financialguarantors, such as a parent or affiliate 
acceptable to the CoastGuard. A financial guarantor shall comply with 
all of the self-insurance provisions of paragraph (b)(3) of this 
section. In addition,a person that is a financial guarantor for more 
than one applicant orcertificant shall have working capital and net 
worth no less than theaggregate total applicable amounts of financial 
responsibilityprovided as a guarantor for each applicant or certificant, 
plus theamount required to be demonstrated by a self-insurer under this 
part,if also acting as a self-insurer.
    (5) Other evidence of financial responsibility. TheDirector, NPFC, 
will not accept a self-insurance method other than theone described in 
paragraph (b)(3) of this section. An applicant may inwriting request the 
Director, NPFC, to accept a method different fromone described in 
paragraph (b) (1), (2), or (4) of this section todemonstrate evidence of 
financial responsibility. An applicantsubmitting a request under this 
paragraph shall submit the request tothe Director, NPFC, at least 45 
days prior to the date the Certificateis required. The applicant shall 
describe in detail the methodproposed, the reasons why the applicant 
does not wish to use or isunable to use one of the methods described in 
paragraph (b) (1), (2),or (4) of this section, and how the proposed 
method assures that theapplicant is able to fulfill its obligation to 
pay costs and damagesin the event of an incident or a release or 
threatened release. TheDirector, NPFC, will not accept a method under 
this paragraph thatmerely deletes or alters a provision of one of the 
methods describedin paragraph (b) (1), (2), or (4) of this section (for 
example, onethat alters the termination clause of the insurance guaranty 
formillustrated in Appendix B of this part). An applicant that makes 
arequest under this paragraph shall provide the Director, NPFC, 
aproposed guaranty form that includes all the elements described 
inparagraphs (c) and (d) of this section. A decision of the 
Director,NPFC, not to accept a method requested by an applicant under 
thisparagraph is final agency action.
    (c) Forms--(1) Multiple guarantors. Four orfewer insurers (a lead 
underwriter is considered to be one insurer)may jointly execute an 
insurance guaranty form. Ten or fewer sureties(including lead sureties) 
may jointly execute a surety bond guarantyform. Four or fewer financial 
guarantors may jointly execute afinancial guaranty form. If more than 
one insurer, surety, orfinancial guarantor executes the relevant form--
    (i) Each is bound for the payment of sums only in accordance withthe 
percentage of vertical participation specified on the relevantform for 
that insurer, surety, or financial guarantor. Participationin the form 
of layering (tiers, one in excess of another) is notacceptable; only 
vertical participation on a percentage basis isacceptable unless none of 
the participants specifies a percent ofparticipation. If no percentage 
of participation is specified for aninsurer, surety, or financial 
guarantor, the liability of thatinsurer, surety, or financial guarantor 
is joint and several for thetotal of the unspecified portions; and
    (ii) The guarantors must designate a lead guarantor havingauthority 
to bind all guarantors for actions required of guarantorsunder the Acts, 
including but not limited to receipt of designation ofsource, 
advertisement of a designation, and receipt and settlement ofclaims.
    (2) Operator name. An applicant shall ensure that each formsubmitted 
under this part sets forth in full the correct legal name ofthe vessel 
operator to whom a certificate is to be issued.
    (d) Direct Action--(1) Acknowledgment. Anyevidence of financial 
responsibility submitted under this part mustcontain an acknowledgment 
by the insurer or other guarantor that anaction in court by a claimant 
(including a claimant by right ofsubrogation) for

[[Page 96]]

costs and damage claims arising under theprovisions of the Acts, may be 
brought directly against the insurer orother guarantor. The evidence of 
financial responsibility must alsoprovide that, in the event an action 
is brought under the Actsdirectly against the insurer or other 
guarantor, the insurer or otherguarantor may invoke only the following 
rights and defenses:
    (i) The incident, release, or threatened release was caused by 
thewillful misconduct of the person for whom the guaranty is provided.
    (ii) Any defense that the person for whom the guaranty is 
providedmay raise under the Acts.
    (iii) A defense relating to the amount of a claim or claims, filedin 
any action in any court or other proceeding, that exceeds theamount of 
the guaranty with respect to an incident or with respect toa release or 
threatened release.
    (iv) A defense relating to the amount of a claim or claims 
thatexceeds the amount of the guaranty, which amount is based on the 
grosstonnage of the vessel as entered on the vessel's International 
TonnageCertificate or other official, applicable certificate of 
measurement,except when the guarantor knew or should have known that 
theapplicable tonnage certificate was incorrect.
    (v) The claim is not one made under either of the Acts.
    (2) Limitation on guarantor liability. A guarantor thatparticipates 
in any evidence of financial responsibility under thispart shall be 
liable because of that participation, with respect to anincident or a 
release or threatened release, in any proceeding onlyfor the amount and 
type of costs and damages specified in the evidenceof financial 
responsibility. A guarantor shall not be considered tohave consented to 
direct action under any law other than the Acts, orto unlimited 
liability under any law or in any venue, solely becauseof the 
guarantor's participation in providing any evidence offinancial 
responsibility under this part. In the event of any findingthat 
liability of a guarantor exceeds the amount of the guarantyprovided 
under this part, that guaranty is considered null and voidwith respect 
to that excess.
    (e) Public access to data. Financial data filed by anapplicant, 
certificant, and any other person is considered publicinformation to the 
extent required by the Freedom of Information Act(5 U.S.C. 552) and 
permitted by the Privacy Act (5 U.S.C. 552a).
    (f) Total applicable amount. (1) The applicable amount underOPA 90 
is determined as follows:
    (i) For a tank vessel (except a tank vessel on which no 
liquidhazardous material in bulk is being carried as cargo or cargo 
residue,and on which the only oil carried as cargo or cargo residue is 
ananimal fat or vegetable oil, as those terms are used in section 2 
ofthe Edible Oil Regulatory Reform Act (Pub. L. 104-55)).
    (A) Over 300 gross tons (and a vessel of 300 gross tons or lessusing 
the waters of the United States Exclusive Economic Zone totransship or 
lighter oil destined for a place subject to thejurisdiction of the 
United States, as specified inSec. 138.12(a)(1)) but not exceeding 
3,000 gross tons, thegreater of $2,000,000 or $1,200 per gross ton; and
    (B) Over 3,000 gross tons, the greater of $10,000,000 or $1,200per 
gross ton.
    (ii) For a vessel other than a tank vessel under paragraph (f)(1)(i) 
of this section that is over 300 gross tons or that is 300 grosstons or 
less using the waters of the Exclusive Economic Zone of theUnited States 
to transship or lighter oil destined for a place subjectto the 
jurisdiction of the United States, the greater of $500,000 or$600 per 
gross ton.
    (2) The applicable amount under CERCLA is determined as follows:
    (i) For a vessel over 300 gross tons carrying a hazardoussubstance 
as cargo, the greater of $5,000,000 or $300 per gross ton.
    (ii) For any other vessel over 300 gross tons, the greater 
of$500,000 or $300 per gross ton.
    (3) The total applicable amount is the maximum applicable 
amountcalculated under paragraph (f)(1) of this section plus 
maximumapplicable amount calculated under paragraph (f)(2) of this 
section.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended byCGD 91-005, 61 FR 
9274, Mar. 7, 1996]

[[Page 97]]



Sec. 138.90  Individual and Fleet Certificates.

    (a) The Director, NPFC, issues an individual Certificate for 
eachvessel listed on a completed application when the Director, 
NPFC,determines that acceptable evidence of financial responsibility 
hasbeen provided and appropriate fees have been paid, except where 
aFleet Certificate is issued under this section or where a 
MasterCertificate is issued under Sec. 138.110. Each Certificateof any 
type issued under this part is issued only in the name of avessel 
operator and is effective for not more than three years fromthe date of 
issue, as indicated on each Certificate. An authorizedofficial of the 
applicant may submit to the Director, NPFC, a letterrequesting that 
additional vessels be added to a previously submittedapplication for an 
individual Certificate. The letter must set forthall information 
required in item 5 of the application form. Theauthorized official shall 
also submit or cause to be submittedacceptable evidence of financial 
responsibility, if required, andcertification fees for these additional 
vessels. The certificant shallcarry the original individual Certificate 
on the vessel named on theCertificate, except that a legible copy 
(certified as accurate by anotary public or other person authorized to 
take oaths in the UnitedStates) may be carried instead of the original 
if the vessel is anunmanned barge and does not have a document carrying 
device which thevessel operator believes would offer suitable protection 
for theoriginal Certificate. If a notarized copy of an individual 
Certificateis carried aboard a barge, the Certificate shall retain the 
originalin the United States and shall make it readily available 
forinspection by United States Government officials.
    (b) An operator of two or more barges that are not tank vesselsand 
that from time to time may be subject to this part (e.g., a hopperbarge 
over 300 gross tons when carrying oily metal shavings or similarcargo), 
so long as the operator of such a fleet is a self-insurer orarranges 
with an acceptable guarantor to cover, automatically, allsuch barges for 
which the operator may from time to time beresponsible, may apply to the 
Director, NPFC, for issuance of a FleetCertificate. A legible copy of 
the Fleet Certificate, certified asaccurate by a notary public or other 
person authorized to take oathsin the United States, must be carried on 
each barge when subject tothis part. In addition, the certificant shall 
retain in the UnitedStates the original Fleet Certificate and shall make 
it readilyavailable for inspection by United States Government 
officials. Theoriginal Fleet Certificate, when invalid, must be 
completed on thereverse side and returned immediately to the Director, 
NPFC, and allcopies must be destroyed. When the certificant ceases to 
beresponsible for a barge covered by a Fleet Certificate, thecertificant 
shall immediately destroy the copy of the FleetCertificate carried 
aboard that barge.
    (c) A person shall not make any alteration on any Certificateissued 
under this part or copy of that Certificate, except thenotarized 
certifications permitted in Sec. 138.110(f) andparagraphs (a) and (b) 
of this section. A Certificate or copycontaining any alteration is void.
    (d) If, at any time after a Certificate has been issued, 
acertificant becomes aware of a change in any of the facts contained 
inthe application or supporting documentation, the certificant 
shallnotify the Director, NPFC, in writing within 10 days of becoming 
awareof the change. A vessel or operator name change or change of 
aguarantor shall be reported as soon as possible by telefax or 
otherelectronic means to the Director, NPFC, and followed by a 
writtennotice sent within three business days.
    (e) Except as provided in Sec. 138.90(f), at the momenta 
certificant ceases to be the operator of a vessel for any 
reason,including a vessel that is scrapped or transferred to a new 
operator,the individual Certificate naming the vessel, and any copies of 
theCertificate, are void and their further use is prohibited. In 
thatcase, the certificant shall, within 10 days of the 
Certificatebecoming void, complete the reverse side of the original 
individualCertificate naming the involved vessel and return the 
Certificate tothe Director, NPFC. If the Certificate cannot be returned

[[Page 98]]

becauseit has been lost or destroyed, the certificant shall, within 
threebusiness days, submit the following information in writing to 
theDirector, NPFC:
    (1) The number of the individual Certificate and the name of 
thevessel.
    (2) The date and reason why the certificant ceased to be theoperator 
of the vessel.
    (3) The location of the vessel on the date the certificant ceasedto 
be the operator.
    (4) The name and mailing address of the person to whom the vesselwas 
sold or transferred.
    (f) In the event of the temporary transfer of custody of anunmanned 
barge certificated under this part, where the certificanttransferring 
the barge continues to be liable under the Acts andcontinues to maintain 
on file with the Director, NPFC, acceptableevidence of financial 
responsibility with respect to the barge, theexisting individual 
Certificate remains in effect. A temporary newindividual Certificate is 
not required. A transferee is encouraged torequire the transferring 
certificant to acknowledge in writing thatthe transferring certificant 
agrees to remain responsible forpollution liabilities.



Sec. 138.100  Non-owning operator's responsibility for identification.

    (a) Each operator that is not an owner of a vessel certificatedunder 
this part, other than an unmanned barge, shall ensure that theoriginal 
or a legible copy of the demise charter-party (or otherwritten document 
on the owner's letterhead, signed by the vesselowner, which specifically 
identifies the vessel operator named on theCertificate) is maintained on 
board the vessel.
    (b) The demise charter-party or other document required byparagraph 
(a) of this section must be presented, upon request, forexamination to a 
United States Government official.



Sec. 138.110  Master Certificates.

    (a) A contractor or other person who is responsible for a vesselin 
the capacity of a builder, scrapper, lessor, or seller (including 
arepairer who agrees to be responsible for a vessel under its 
custody)may apply for a Master Certificate instead of applying for 
anindividual Certificate for each vessel. A Master Certificate coversall 
of the vessels subject to this part held by the applicant solelyfor 
purposes of construction, repair, scrapping, lease, or sale. Avessel 
which is being operated commercially in any business venture,including 
the business of building, repairing, scrapping, leasing, orselling 
(e.g., a slop barge used by a shipyard) cannot be covered by aMaster 
Certificate. Any vessel for which a Certificate is required,but which is 
not eligible for a Master Certificate, must be covered byeither an 
individual Certificate or a Fleet Certificate.
    (b) An applicant for a Master Certificate shall submit anapplication 
form in the manner prescribed by Sec. 138.60. Anapplicant shall 
establish evidence of financial responsibility inaccordance with Sec. 
138.80, by submission, for example, ofan acceptable Master Insurance 
Guaranty Form, Surety Bond GuarantyForm, Master Financial Guaranty Form, 
or acceptable self-insurancedocumentation. An application must be 
completed in full, except forItem 5. The applicant shall make the 
following statement in Item 5:``This is an application for a Master 
Certificate. The largesttank vessel to be covered by this application is 
[insert applicablegross tons] gross tons. The largest vessel other than 
a tank vessel is[insert applicable gross tons] gross tons.'' The dollar 
amountof financial responsibility evidenced by the applicant must 
besufficient to meet the amount required under this part.
    (c) Each Master Certificate issued by the Director, NPFC,indicates--
    (1) The name of the applicant (i.e., the builder, repairer,scrapper, 
lessor, or seller);
    (2) The date of issuance and termination, encompassing a period 
ofnot more than three years; and
    (3) The gross tons of the largest tank vessel and gross tons ofthe 
largest vessel other than a tank vessel eligible for coverage bythat 
Master Certificate. The Master Certificate does not identify thename of 
each vessel covered by the Certificate.

[[Page 99]]

    (d) Each additional vessel which does not exceed therespective 
tonnages indicated on the Master Certificate and which iseligible for 
coverage by a Master Certificate is automatically coveredby that Master 
Certificate. Before acquiring a vessel, by any means,including 
conversion of an existing vessel, that would have the effectof 
increasing the certificant's required amount of financialresponsibility 
(above that provided for issuance of the existingMaster Certificate), 
the certificant shall submit to the Director,NPFC, the following:
    (1) Evidence of increased financial responsibility.
    (2) A new certification fee.
    (3) Either a new application or a letter amending the 
existingapplication to reflect the new gross tonnage which is to be 
indicatedon a new Master Certificate.
    (e) A person to whom a Master Certificate has been issued 
shallsubmit to the Director, NPFC, every six months beginning the 
monthafter the month in which the Master Certificate is issued, a 
reportindicating the name, previous name, type, and gross tonnage of 
eachvessel covered by the Master Certificate during the preceding six-
month reporting period and indicating which vessels, if any, are 
tankvessels.
    (f) The certificant shall ensure that a legible copy of the 
MasterCertificate (certified as accurate by a notary public or other 
personauthorized to take oaths in the United States) is carried aboard 
eachvessel covered by the Master Certificate. The certificant shall 
retainthe original Master Certificate at a location in the United States 
andshall make it readily available for inspection by United 
StatesGovernment officials.
    (g) Upon revocation or other invalidation of the MasterCertificate, 
the certificant shall return the original Certificatewithin 10 days to 
the Director, NPFC. The certificant shall ensurethat all copies of the 
Certificate are destroyed.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended byCGD 91-005, 61 FR 
9275, Mar. 7, 1996]



Sec. 138.120  Certificates, denial or revocation.

    (a) The Director, NPFC, may deny a Certificate when anapplicant--
    (1) Willfully or knowingly makes a false statement in connectionwith 
an application for an initial or renewal Certificate;
    (2) Fails to establish acceptable evidence of 
financialresponsibility as required by this part;
    (3) Fails to pay the required application or certificate fees;
    (4) Fails to comply with or respond to lawful inquiries,regulations, 
or orders of the Coast Guard pertaining to the activitiessubject to this 
part; or
    (5) Fails to timely file required statements, data, notifications,or 
affidavits.
    (b) The Director, NPFC, may revoke a Certificate when acertificant--
    (1) Willfully or knowingly makes a false statement in connectionwith 
an application for an initial or a renewal Certificate, or inconnection 
with any other filing required by this part;
    (2) Fails to comply with or respond to lawful inquiries,regulations, 
or orders of the Coast Guard pertaining to the activitiessubject to this 
part; or
    (3) Fails to timely file required statements, data, notifications,or 
affidavits.
    (c) A Certificate is immediately invalid, and considered 
revoked,without prior notice, when the certificant--
    (1) Fails to maintain acceptable evidence of financialresponsibility 
as required by this part;
    (2) Is no longer the responsible operator of the vessel inquestion; 
or
    (3) Alters any Certificate or copy of a Certificate except 
aspermitted by this part in connection with notarized certifications 
ofcopies.
    (d) The Director, NPFC, advises the applicant or certificant, 
inwriting, of the intention to deny or revoke a Certificate 
underparagraph (a) or (b) of this section and states the reason 
therefor.Written advice from the Director, NPFC, that an incomplete 
applicationwill be considered withdrawn unless it is completed within a 
statedperiod, is the equivalent of a denial.
    (e) If the intended revocation under paragraph (b) of this sectionis 
based

[[Page 100]]

on failure to timely file the required financialstatements, data, 
notifications, or affidavits, the revocation iseffective 10 days after 
the date of the notice of intention to revoke,unless, before revocation, 
the certificant demonstrates to thesatisfaction of the Director, NPFC, 
that the required documents weretimely filed or have been filed.
    (f) If the intended denial is based on paragraph (a)(1) or (a)(4)of 
this section, or the intended revocation is based on paragraph (b)(1) or 
(b)(2) of this section, the applicant or certificant mayrequest, in 
writing, an opportunity to present information for thepurpose of showing 
that the applicant or certificant is in compliancewith the part. The 
request must be received by the Director, NPFC,within 10 days after the 
date of the notification of intention to denyor revoke. A Certificate 
subject to revocation under this paragraphremains valid until the 
Director, NPFC, issues a written decisionrevoking the Certificate.
    (g) An applicant or certificant whose Certificate has been 
deniedunder paragraph (a) of this section or revoked under paragraph (b) 
or(c) of this section may request the Director, NPFC, to reconsider 
thedenial or revocation. The certificant shall file a request 
forreconsideration, in writing, to the Director, NPFC, within 20 days 
ofthe date of the denial or revocation. The certificant shall state 
thereasons for reconsideration. The Director, NPFC, issues a 
writtendecision on the request within 30 days of receipt, except that 
failureto issue a decision within 30 days shall be deemed an affirmance 
of adenial or revocation. Until the Director, NPFC, issues this 
decision,a revoked certificate remains invalid. A decision by the 
Director,NPFC, affirming a denial or revocation, is final agency action.



Sec. 138.130  Fees.

    (a) The Director, NPFC, will not issue a Certificate until thefees 
set forth in paragraphs (c) and (d) of this section have beenpaid.
    (b) Fees must be paid in United States currency by check, draft,or 
postal money order made payable to the ``U.S. CoastGuard''. Cash will 
not be accepted.
    (c) Except as provided in Sec. 138.70(c), an applicantthat submits 
an application for the first time under this part, shallpay an initial, 
non-refundable application fee of $150 for each typeof application 
(i.e., individual Certificate(s), FleetCertificate, and Master 
Certificate). An applicant that submits anapplication for an additional 
(i.e., supplemental) individualCertificate, or to replace, amend or 
renew an existing Certificate, isnot required to pay a new application 
fee. However, if an applicantfor any reason withdraws or permits the 
withdrawal of an applicationfor an individual Certificate(s) and the 
applicant holds no validindividual Certificate(s), in order to reapply 
for an individualCertificate(s) covering the same or different vessels 
the applicantshall submit a new application form and an application fee 
of $150.Similarly, an applicant shall submit a new application form and 
fee toobtain a new Fleet or Master Certificate following invalidation of 
aFleet or Master Certificate.
    (d) In addition to the application fee of $150, an applicant 
shallalso pay a certification fee of $80 for each Certificate requested. 
Anapplicant shall submit the certification fee for each vessel listedin, 
or later added to, an application for an individualCertificate(s). An 
applicant shall submit the $80 certification fee torenew or to reissue a 
Certificate for any reason, including, but notlimited to, a vessel or 
operator name change or a lost certificate.
    (e) A certification fee is refunded, upon receipt of a 
writtenrequest, if the application is denied or withdrawn before 
issuance ofthe Certificate. Overpayments of application and 
certification feesare refunded, on request, only if the refund is for 
$50 or more.However, any overpayments not refunded will be credited, for 
a periodof three years from the date of receipt of the monies by the 
CoastGuard, for the applicant's possible future use or transfer to 
anotherapplicant under this part.



Sec. 138.140  Enforcement.

    (a) Any person who fails to comply with this part with respect 
toevidence of financial responsibility under section 1016 of OPA 90 
(33U.S.C. 2716) is

[[Page 101]]

subject to a civil penalty. In addition, undersection 4303(b) of that 
Act (33 U.S.C. 2716a(b)), the Attorney Generalmay secure such relief as 
may be necessary to compel compliance withthis part including 
termination of operations. Further, any person whofails to comply with 
this part with respect to evidence of financialresponsibility under 
section 108(a)(1) of CERCLA (42 U.S.C. 9608(a)(1)), is subject to a 
Class I administrative civil penalty and a ClassII administrative civil 
penalty or judicial penalty.
    (b) The Secretary of the Treasury shall withhold or revoke 
theclearance required by 46 U.S.C. App. 91 to any vessel subject to 
thispart that does not produce evidence of financial 
responsibilityrequired by this part.
    (c) The Coast Guard may deny entry to any port or place in theUnited 
States or the navigable waters of the United States, and maydetain at a 
port or place in the United States in which it is located,any vessel 
subject to this part, which, upon request, does not produceevidence of 
financial responsibility required by this part.
    (d) Any vessel subject to this part which is found in thenavigable 
waters without the necessary evidence of financialresponsibility is 
subject to seizure by and forfeiture to the UnitedStates.
    (e) Knowingly and willfully using an invalid Certificate, or anycopy 
thereof, is fraud.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended byCGD 96-052, 62 FR 
16703, Apr. 8, 1997]



Sec. 138.150  Service of process.

    (a) When executing the forms required by this part, each 
applicantand guarantor shall designate thereon a person located in the 
UnitedStates as its agent for service of process for purposes of this 
partand for receipt of notices of designations and presentations of 
claimsunder the Acts (collectively referred to as ``service 
ofprocess''). Each designated agent shall acknowledge thedesignation in 
writing unless the agent has already furnished theDirector, NPFC, with a 
``master'' (i.e., blanket)concurrence showing that it has agreed in 
advance to act as the UnitedStates agent for service of process for the 
applicant, certificant, orguarantor in question.
    (b) If any applicant, certificant, or guarantor desires, for 
anyreason, to change any designated agent, the applicant, certificant, 
orguarantor shall notify the Director, NPFC, of the change and 
furnishthe relevant information, including the new agent's 
acknowledgment inaccordance with paragraph (a) of this section, if 
a``master'' concurrence is not applicable. In the event ofdeath, 
disability, or unavailability of a designated agent, theapplicant, 
certificant, or guarantor shall designate another agent inaccordance 
with paragraph (a) of this section within 10 days ofknowledge of any 
such event. The applicant, certificant, or guarantorshall submit the new 
designation to the Director, NPFC. The Director,NPFC, may revoke a 
certificate if an applicant, certificant, orguarantor fails to designate 
and maintain an agent for service ofprocess.
    (c) If a designated agent can not be served because of 
death,disability, unavailability, or similar event and another agent has 
notbeen designated under this section, then service of process on 
theDirector, NPFC, will constitute valid service of process. Service 
ofprocess on the Director, NPFC, will not be effective unless 
theserver--
    (1) Sends the applicant, certificant, or guarantor (by 
registeredmail, at its last known address on file with the Director, 
NPFC), acopy of each document served on the Director, NPFC; and
    (2) Attests to this registered mailing, at the time process isserved 
upon the Director, NPFC, indicating that the intent of themailing is to 
effect service of process on the applicant, certificant,or guarantor and 
that service on the designated agent is not possible,stating the reason 
why.

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              Sec. Appendix A to Part 138--ApplicationForm

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           Sec. Appendix B to Part 138--InsuranceGuaranty Form

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[CGD 91-005, 61 FR 9276, Mar. 7, 1996]

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       Sec. Appendix C to Part 138--MasterInsurance Guaranty Form

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          Sec. Appendix D to Part 138--Surety BondGuaranty Form

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[CGD 91-005, 61 FR 9288, Mar. 7, 1996]

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           Sec. Appendix E to Part 138--FinancialGuaranty Form

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       Sec. Appendix F to Part 138--MasterFinancial Guaranty Form

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[[Page 139]]

                                  INDEX

         SUBCHAPTER M_MARINE POLLUTION FINANCIAL RESPONSIBILITYAND 
                              COMPENSATION

  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, Denial, and Detention
Appeal provisions................................................135.405
Certificates of Financial Responsibility, access tovessel........135.401
Certificates of Financial Responsibility, sanctions for failure 
toproduce........................................................135.403
Advertisement, designation of source
Advertisement determinations.....................................136.309
Contents of......................................................136.313
Definitions......................................................136.303
Denial of designation............................................136.307
Notice of designation............................................136.305
Purpose..........................................................136.301
Types of.........................................................136.311
Applicability, Financial Responsibility for Water 
Pollution(vessels).............................................138.12(b)
Applicability, Offshore Oil Pollution Compensation Fund............135.3
Applications
General instructions..............................................138.60

                                 C

Certificates
Denial or revocation.............................................135.223
Enforcement......................................................138.140
Fees.............................................................138.130
Forms and where to apply..........................................138.40
Individual and Fleet..............................................138.90
Issuance and carriage.............................................138.65
Master...........................................................138.110
Renewal...........................................................138.70
Time to apply.....................................................138.50
Certification....................................................135.215
Claims, particular procedures for Government Public Services
Allowable compensation...........................................136.241
Authorized claimants.............................................136.237
Proof............................................................136.239
Claims, particular procedures for Government Revenues
Allowable compensation...........................................136.229
Authorized claimants.............................................136.225
Proof............................................................136.227
Claims, particular procedures for Natural Resources
Allowable compensation...........................................136.211

[[Page 140]]

Authorized claimants.............................................136.207
Proof............................................................136.209
Claims, particular procedures for Profits and Earning Capacity
Allowable compensation...........................................136.235
Authorized claimants.............................................136.231
Proof............................................................136.233
Claims, particular procedures for Real or Personal Property
Allowable compensation...........................................136.217
Authorized claimants.............................................136.213
Proof............................................................136.215
Claims, particular procedures for Removal Costs
Allowable compensation...........................................136.205
Authorized claimants.............................................136.201
Proof............................................................136.203
Claims, particular procedures for Subsistence Use
Allowable compensation...........................................136.223
Authorized claimants.............................................136.219
Proof............................................................136.221
Compensation, Other..............................................136.113
Conduct of removal actions........................................133.17

                                 D

Definitions..................................133.3, 135.5, 136.5, 138.20

                                 E

Evidence of Financial Responsibility
Guaranty as evidence.............................................135.209
Insurance as evidence............................................135.207
Indemnity as evidence............................................135.210
Submission of....................................................135.204
Surety bond as evidence..........................................135.211

                                 F

Falsification of claims............................................136.9
Fees
Levy and payment of barrel fee on OCS oil........................135.103
Purpose..........................................................135.101
Financial Responsibility
Amount required..................................................135.203
Applicability....................................................135.201
Certification....................................................135.215
Certificates, denial, or revocation..............................135.223
Guaranty as evidence.............................................135.209
Insurance as evidence............................................135.207
Indemnity as evidence............................................135.210
Methods of establishing..........................................135.205
Notification of changes affecting certification..................135.219
Qualification as self-insurer....................................135.213
Reapplication for certification..................................135.221
Submission of evidence...........................................135.204
Surety bond as evidence..........................................135.211
Financial responsibility for water pollution (vessels)..........Part 138
Foreign claimants..................................................136.7
Forms
Application.......................................Appendix A to Part 138
Financial Guaranty................................Appendix E to Part 138

[[Page 141]]

Insurance Guaranty................................Appendix B to Part 138
Master Financial Guaranty.........................Appendix F to Part 138
Master Insurance Guaranty.........................Appendix C to Part 138
Surety Bond Guaranty..............................Appendix D to Part 138
Fund
Address............................................................135.9
Administrator, delegation..........................................135.7
Funding
Determination of eligibility for..................................133.15
Removal actions eligible for......................................133.13

                                 G

General Procedure
General requirements for a claim.................................136.105
Insurance........................................................136.111
Order of presentment.............................................136.103
Other compensation...............................................136.113
Removal costs and multiple items of damages......................136.109
Settlement and notice to claimant................................136.115
Subrogated claims................................................136.107
Time limitations on claims.......................................136.101

                                 I

Implementation schedule...........................................138.15
Information........................................................136.3
Investigation to determine the source and responsibleparty........133.23

                                 N

Non-owning operator's responsibility for identification..........138.100
Notification of Governor's designee...............................133.25
Notification of pollution incidents..................Part 135, Subpart D

                                 O

Offshore oil pollution compensation fund........................Part 135
Oil spill liability trust fund; claims, procedures; Designation 
ofsource; and advertisement.....................................Part 136
Oil spill liability trust fund; state access....................Part 133
Order of presentment.............................................136.103

                                 P

Purpose............................................................133.1

                                 R

Recordkeeping.....................................................133.19
Retention.........................................................133.21
Requests
Amount.............................................................133.7
Contents..........................................................133.11
General............................................................133.5
Where made.........................................................133.9

                                 S

Scope.............................................................138.10
Service of Process...............................................138.150

[[Page 142]]



             SUBCHAPTER N_OUTER CONTINENTAL SHELF ACTIVITIES





PART 140_GENERAL--Table of Contents




                            Subpart A_General

Sec.
140.1 Purpose.
140.3 Applicability.
140.4 Relationship to other law.
140.5 Exemptions during construction.
140.7 Incorporation by reference.
140.10 Definitions.
140.15 Equivalents and approved equipment.
140.20 Delegations.
140.25 Appeals.
140.30 Judicial review.
140.35 Sanctions.
140.40 Processing penalty cases.

                          Subpart B_Inspections

140.101 Inspection by Coast Guard marine inspectors orMinerals 
          Management service inspectors.
140.103 Annual inspection of fixed OCS facilities.
140.105 Correction of deficiencies and hazards.

                        Subpart C_Investigations

140.201 General.
140.203 Investigation procedures.
140.205 Subpoenas.

    Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Departmentof Homeland 
Security Delegation No. 0170.1.

    Source: CGD 78-160, 47 FR 9376, Mar. 4, 1982,unless otherwise noted.



                            Subpart A_General



Sec. 140.1  Purpose.

    This subchapter is intended to promote safety of life and propertyon 
Outer Continental Shelf (OCS) facilities, vessels, and other 
unitsengaged in OCS activities, protect the marine environment, 
andimplement the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
etseq.), as amended by the Outer Continental Shelf Lands ActAmendments 
of 1978 (Pub. L. 95-372, 92 Stat. 629).



Sec. 140.3  Applicability.

    Unless otherwise stated, this subchapter applies to OCSfacilities, 
vessels, and other units engaged in OCS activities as theterm ``OCS 
activities'' is defined inSec. 140.10. This subchapter does not apply 
to pipelines anddeepwater ports (as the term ``deepwater port'' is 
definedin section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 
1502)).



Sec. 140.4  Relationship to other law.

    (a) Design and equipment requirements of this subchapter for 
OCSfacilities, including mobile offshore drilling units in contact 
withthe seabed of the OCS for exploration or exploitation of 
subsearesources, are in addition to the regulations and orders of the 
U.S.Geological Survey applicable to those facilities.
    (b) Any apparent conflict between the application of anyrequirement 
of this subchapter and any regulation or order of the U.S.Geological 
Survey should immediately be brought to the attention ofthe Officer in 
Charge, Marine Inspection.
    (c) This subchapter does not establish design requirements forfixed 
OCS facilities or regulate drilling or production equipment onany OCS 
facility or attending vessel, except for matters affectingnavigation or 
workplace safety or health.



Sec. 140.5  Exemptions during construction.

    The Officer in Charge, Marine Inspection, may exempt any unitunder 
construction from any requirements of this subchapter that wouldbe 
impracticable or unreasonable to apply during construction orerection of 
the unit.



Sec. 140.7  Incorporation by reference.

    (a) Certain materials are incorporated by reference into 
thissubchapter with the approval of the Director of the Federal 
Registerin accordance with 5 U.S.C. 552(a). To enforce any edition other 
thanthe one listed in paragraph (b) of this section, notice of the 
changemust be published in the Federal Register and the material 
madeavailable to the public. All approved material is available 
forinspection at U.S. Coast Guard, Office of Compliance (G-MOC), 
2100Second Street, SW., Washington, DC 20593-0001

[[Page 143]]

and at theNational Archives and Records Administration (NARA). For 
informationon 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. All approved material is 
available from thesources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in 
thissubchapter and the sections affected are as follows:

 
 
 
American National Standards Institute (ANSI)
  11 West 42nd Street, New York, NY 10036.
  ANSI A10.14-1975--Requirements for Safety Belts,Harnesses,      142.42
   Lanyards, Lifelines, and Drop Lines for Construction
   andIndustrial Use.........................................
  ANSI/UL1123-1987--Standard for Marine BuoyantDevices.......    143.405
  ANSI Z41-1983--American National Standard forPersonal           142.33
   Protection-Protective Footwear............................
  ANSI Z87.1-1979--Practice for Occupational andEducational       142.27
   Eye and Face Protection...................................
  ANSI Z88.2-1980--Practices for RespiratoryProtection.......     142.39
  ANSI Z89.1-1981--Safety Requirements for IndustrialHead         142.30
   Protection................................................
 
International Maritime Organization (IMO)
  IMO Sales, New York Nautical Instrument and Service Corp.,
   140 W.Broadway, New York, NY 10013
  IMO Assembly Resolution A.414 (XI) Code for Construction      143.207;
   andEquipment of Mobile Offshore Drilling Units............    146.205
 


[CGD 84-098b, 54 FR 21571, May 18, 1989, as amended byCGD 96-026, 61 FR 
33665, June 28, 1996; 69 FR 18803, Apr. 9,2004; USCG-2004-18057, 69 FR 
34926, June 23, 2004]



Sec. 140.10  Definitions.

    As used in this subchapter:
    Act means the Outer Continental Shelf Lands Act of 1953 (43U.S.C. 
1331 et seq.), as amended by the Outer Continental ShelfLands Act 
Amendments of 1978 (Pub. L. 95-372).
    Approved means approved by the Commandant, unless 
otherwiseindicated.
    Attending vessel means a vessel which is moored close to andreadily 
accessible from an OCS facility for the purpose of providingpower, fuel, 
or other services to the operation being conducted on thefacility.
    Commandant means Commandant of the Coast Guard or thatperson's 
authorized representative.
    Development means those activities which take placefollowing 
discovery of minerals in paying quantities, including, butnot limited 
to, geophysical activity, drilling, and platformconstruction, and which 
are for the purpose of ultimately producingthe minerals discovered.
    District Commander means an officer who commands a CoastGuard 
District described in part 3 of this chapter or that person'sauthorized 
representative.
    Exploration means the process of searching for minerals,including, 
but not limited to, (1) geophysical surveys where magnetic,gravity, 
seismic, or other systems are used to detect or imply thepresence of 
such minerals, and (2) any drilling, whether on or offknown geological 
structures, including the drilling of a well in whicha discovery of oil 
or natural gas in paying quantities is made and thedrilling of any 
additional delineation well after the discovery whichis needed to 
delineate any reservoir and to enable the lessee todetermine whether to 
proceed with development and production.
    Fixed OCS facility means a bottom founded OCS facilitypermanently 
attached to the seabed or subsoil of the OCS, includingplatforms, guyed 
towers, articulated gravity platforms, and otherstructures.
    Floating OCS facility means a buoyant OCS facility securelyand 
substantially moored so that it cannot be moved without a specialeffort. 
This term includes tension leg platforms and permanentlymoored 
semisubmersibles or shipshape hulls but does not include mobileoffshore 
drilling units and other vessels.
    Investigating officer means a person assigned by theCommandant, a 
District Commander, or an Officer in

[[Page 144]]

Charge, MarineInspection, to conduct an investigation of an accident, 
casualty, orother incident.
    Manned facility means an OCS facility on which people areroutinely 
accommodated for more than 12 hours in successive 24 hourperiods.
    Manned platform means a fixed OCS facility on which peopleare 
routinely accommodated for more than 12 hours in successive 24hour 
periods.
    Marine inspector means a person designated as such by anOfficer in 
Charge, Marine Inspection, to perform inspections of unitsto determine 
whether or not the requirements of laws administered bythe Coast Guard 
and of Coast Guard regulations are met.
    Minerals includes oil, gas, sulphur, geopressured-geothermaland 
associated resources, and all other minerals which are authorizedby an 
Act of Congress to be produced from ``public lands''as defined in 
section 103 of the Federal Lands Policy and ManagementAct of 1976 (43 
U.S.C. 1702(e)).
    Minerals Management Service inspector or MMS inspectormeans an 
individual employed by the Minerals Management Service whoinspects fixed 
OCS facilities on behalf of the Coast Guard todetermine whether the 
requirements of this subchapter are met.
    Mobile offshore drilling unit or MODU means a vessel,other than a 
public vessel of the United States, capable of engagingin drilling 
operations for exploration or exploitation of subsearesources.
    Officer in Charge, Marine Inspection means a person whocommands a 
Marine Inspection Zone described in Part 3 of this chapterand who is 
immediately responsible for the performance of duties withrespect to 
inspections, enforcement, and administration of regulationsgoverning 
units.
    Operator means--(1) In the case of a vessel, acharterer by demise or 
any other person who is responsible for theoperation, manning, 
victualing, and supplying of the vessel; or
    (2) In the case of an OCS facility, the operator as defined in 30CFR 
250.2(gg).
    Outer Continental Shelf or OCS means all submergedlands lying 
seaward and outside of the area of ``lands beneathnavigable waters'' as 
defined in section 2(a) of the SubmergedLands Act (43 U.S.C. 1301(a)) 
and of which the subsoil and seabedappertain to the United States and 
are subject to its jurisdiction andcontrol.
    OCS activity means any offshore activity associated withexploration 
for, or development or production of, the minerals of theOuter 
Continental Shelf.
    OCS facility means any artificial island, installation, orother 
device permanently or temporarily attached to the subsoil orseabed of 
the Outer Continental Shelf, erected for the purpose ofexploring for, 
developing, or producing resources therefrom, or anysuch installation or 
other device (other than a ship or vessel) forthe purpose of 
transporting such resources. The term includes mobileoffshore drilling 
units when in contact with the seabed of the OCS forexploration or 
exploitation of subsea resources. The term does notinclude any pipeline 
or deepwater port (as the term ``deepwaterport'' is defined in section 
3(10) of the Deepwater Port Act of1974 (33 U.S.C. 1502)).
    Owner means a person holding title to or, in the absence oftitle, 
other indicia of ownership of a unit; however, this does notinclude a 
person who holds indicia of ownership primarily to protect asecurity 
interest in the unit and does not participate in themanagement or 
operation of the unit.
    Person means an individual, association, partnership,consortium, 
joint venture, private, public, or municipal firm orcorporation, or a 
government entity.
    Person in charge means the master or other individualdesignated as 
such by the owner or operator under Sec. 146.5of this subchapter or 46 
CFR 109.107.
    Personnel means individuals who are employed byleaseholders, permit 
holders, operators, owners, contractors, orsubcontractors and who are on 
a unit by reason of their employment.
    Production means those activities which take place after 
thesuccessful completion of any means for the removal of 
minerals,including, but not limited to, such removal, field 
operations,transfer of minerals to shore, operation monitoring, 
maintenance, andworkover.

[[Page 145]]

    Rebuilt means having had substantial alteration orreconstruction of 
the hull or principal structural component.
    Standby vessel means a vessel meeting the requirements ofPart 143, 
Subpart E, of this chapter and specifically designated in anEmergency 
Evacuation Plan under Sec. Sec. 146.140 or146.210 of this chapter to 
provide rapid evacuation assistance in theevent of an emergency.
    Unit means any OCS facility, vessel, rig, platform, or othervehicle 
or structure, domestic or foreign.
    Unmanned facility means an OCS facility, other than afloating 
facility or mobile offshore drilling unit, which is not amanned facility 
even though it may be continuously serviced by anattending vessel.
    Unmanned platform means a fixed, bottom-founded OCS facilitywhich is 
not a manned facility even though it may be continuouslyserviced by an 
attending vessel.
    Vessel means every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on water.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended byCGD 79-077, 51 FR 
25059, July 10, 1986; CGD 84-098b, 54FR 21571, May 18, 1989; USCG-2001-
9045, 67 FR 5916, Feb.7, 2002]



Sec. 140.15  Equivalents and approved equipment.

    (a) The use of alternate equipment or procedures for thosespecified 
in this subchapter may be permitted by an Officer in Charge,Marine 
Inspection, to the extent and upon conditions as will insure adegree of 
safety comparable to or greater than that provided by theminimum 
standards in this subchapter.
    (b) Where equipment in this subchapter is required to be of 
anapproved type, the equipment requires the specific approval of 
theCommandant. Approvals are published in the Federal Register 
andCOMDTINST M16714.3 (Series) Equipment List, available from 
Commandant(G-MSE), U.S. Coast Guard, Washington, DC 20593-0001.
    (c) Specifications for certain items required to be of an 
approvedtype are contained in 46 CFR Parts 160 through 164.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended atCGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR33665, June 28, 1996]



Sec. 140.20  Delegations.

    (a) Each District Commander is responsible for the administrationand 
enforcement of the regulations in this subchapter within thatperson's 
assigned district.
    (b) Under the general superintendence of the District Commander,the 
Officer in Charge, Marine Inspection, is delegated authority 
toadminister and enforce the regulations in this subchapter.
    (c) Authority delegated under this section may be redelegated 
asnecessary by the delegate.



Sec. 140.25  Appeals.

    (a) Any person directly affected by an action or decision of 
anOfficer in Charge, Marine Inspection, under the Act or the 
regulationsin this subchapter may request reconsideration of that action 
ordecision. If still dissatisfied, that person may appeal the action 
ordecision of the Officer in Charge, Marine Inspection, within 30 daysto 
the District Commander of the District in which the action wastaken or 
the decision made. The District Commander issues a decisionafter 
reviewing the appeal submitted under this paragraph.
    (b) Any person not satisfied with the decision of a 
DistrictCommander may appeal that decision within 30 days to the 
Commandant,who issues a ruling after reviewing the appeal submitted 
under thisparagraph. Rulings of the Commandant constitute final agency 
action.
    (c) An appeal to the District Commander or Commandant:
    (1) Must be made in writing, except in an emergency when an 
oralappeal may be accepted;
    (2) Must be submitted to the District Commander of the District 
inwhich the action was taken or the decision made;
    (3) Must describe the decision or action being appealed;
    (4) Must state the reasons why the action or decision should beset 
aside or modified; and
    (5) May contain any supporting documents and evidence that 
theappellant wishes to have considered.
    (d) Pending determination of any appeal, the action or 
decisionappealed

[[Page 146]]

remains in effect, unless suspended by the DistrictCommander to whom the 
appeal was made or by the Commandant.



Sec. 140.30  Judicial review.

    (a) Nothing in this subchapter shall be construed to prevent 
anyinterested party from seeking judicial review as authorized by law.
    (b) Judicial review of the regulations in this subchapter, or 
anyfinal ruling or order of the Commandant or that person's 
delegatepursuant to the Act or the regulations in this subchapter, is 
governedby the judicial review provisions of section 23 of the Act (43 
U.S.C.1349).



Sec. 140.35  Sanctions.

    (a) Any person who fails to comply with:
    (1) Any provision of the Act;
    (2) Any regulation in this subchapter; or
    (3) Any order issued under the Act or the regulations in 
thissubchapter by the Commandant, a District Commander, or an Officer 
inCharge, Marine Inspection, after notice of the failure and 
afterexpiration of any reasonable period allowed for corrective 
action,shall be liable for a civil penalty for each day of the 
continuance ofthe failure.
    (b) Any person who knowingly and willfully:
    (1) Violates any provision of the Act;
    (2) Violates any regulation in this subchapter designed to 
protecthealth, safety, or the environment;
    (3) Violates any order of the Commandant, District Commander, 
orOfficer in Charge, Marine Inspection, issued under the Act or 
theregulations in this subchapter that is designed to protect 
health,safety, or the environment;
    (4) Makes any false statement, representation, or certification 
inany application, record, report, or other document filed or requiredto 
be maintained under the Act or the regulations in this subchapter;
    (5) Falsifies, tampers with, or renders inaccurate any 
monitoringdevice or method of record required to be maintained under 
this Act orthe regulations in this subchapter; or
    (6) Reveals any data or information required to be keptconfidential 
by the Act shall, upon conviction, be punished by a fineof not more than 
$100,000, or by imprisonment for not more than tenyears, or both. Each 
day that a violation under paragraph (b)(1), (b)(2), or (b)(3) of this 
section continues, or each day that anymonitoring device or data 
recorder remains inoperative or inaccuratebecause of any activity 
described in paragraph (b)(5) of this section,constitutes a separate 
violation.
    (c) Whenever a corporation or other entity is subject toprosecution 
under paragraph (b) of this section, any officer or agentof the 
corporation or entity who knowingly and willfully authorized,ordered, or 
carried out the prescribed activity shall be subject tothe same fines or 
imprisonment, or both, as provided for underparagraph (b) of this 
section.
    (d) The penalties prescribed in this section are concurrent 
andcumulative and the exercise of one does not preclude the exercise 
ofthe others. Further, the penalties prescribed in this section are 
inaddition to any other penalties afforded by any other law 
orregulation.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended byCGD 96-052, 62 FR 
16703, Apr. 8, 1997]



Sec. 140.40  Processing penalty cases.

    Apparent violations of the regulations in this subchapter 
areprocessed in accordance with subpart 1.07 of 33 CFR part 1 on 
civiland criminal penalty proceedings, except as follows:
    (a) The District Commander refers civil penalty cases to 
theSecretary of the Interior, or that person's delegate, who, under 
theAct, assesses, collects, and compromises civil penalties.
    (b) If a possible violation investigated by the Coast Guardcarries 
both a civil and a criminal penalty, the District Commanderdetermines 
whether to refer the case to the U.S. Attorney for criminalprosecution 
or to the Secretary of the Interior, or that person'sdelegate, for civil 
penalty proceedings.
    (c) When the U.S. Attorney declines to institute 
criminalproceedings, the District Commander decides whether to refer the 
caseto the Secretary of

[[Page 147]]

the Interior, or that person's delegate, forcivil penalty proceedings or 
to close the case.



                          Subpart B_Inspections



Sec. 140.101  Inspection by Coast Guard marine inspectors or Minerals ManagementService inspectors.

    (a) Each unit engaged in OCS activities is subject to inspectionby 
the Coast Guard.
    (b) On behalf of the Coast Guard, each fixed OCS facility engagedin 
OCS activities is subject to inspection by the Minerals 
ManagementService (MMS).
    (c) Under the direction of the Officer in Charge, MarineInspection, 
Coast Guard marine inspectors may inspect units engaged inOCS 
activities, and MMS inspectors may inspect fixed OCS facilities,to 
determine whether the requirements of this subchapter are met.These 
inspections may be conducted with or without advance notice atany time 
deemed necessary by the Officer in Charge, Marine Inspection,or MMS.
    (d) As part of an inspection, a Coast Guard marine inspector or 
anMMS inspector may review records and require and observe the conductof 
emergency drills and other tests and procedures as may be necessaryto 
demonstrate to that person's satisfaction that the unit and itsequipment 
are in full compliance with applicable Coast Guardregulations. The Coast 
Guard marine inspector or the MMS inspectorconsults with the person in 
charge of the unit before requiring adrill or other test or procedure to 
be conducted to minimizedisruption of unit activities and risk to life 
or property.
    (e) Coast Guard inspections of foreign units recognize 
validinternational certificates accepted by the United States, 
includingSafety of Life at Sea (SOLAS), Loadline, and Mobile Offshore 
DrillingUnit (MODU) Code certificates for matters covered by the 
certificates,unless there are clear grounds for believing that the 
condition of theunit or its equipment does not correspond substantially 
with theparticulars of the certificate.
    (f) Coast Guard marine inspectors conduct an initial inspection 
ofeach fixed OCS facility to determine whether the facility is 
incompliance with the requirements of this subchapter.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended byCGD 84-098a, 53 FR 
18980, May 26, 1988;USCG-2001-9045, 67 FR 5916, Feb. 7, 2002]



Sec. 140.103  Annual inspection of fixed OCS facilities.

    (a) The owner or operator of each fixed OCS facility shall 
ensurethat the facility is inspected, at intervals not to exceed 12 
months,to determine whether the facility is in compliance with 
therequirements of this subchapter.
    (b) Except for initial inspections underSec. 140.101(f), 
inspections by Coast Guard marineinspectors and Minerals Management 
Service (MMS) inspectors do notmeet the requirements for an inspection 
under paragraph (a) of thissection.
    (c) Except for initial inspections underSec. 140.101(f), the 
results of the inspection underparagraph (a) of this section must be 
recorded on form CG-5432.Forms CG-5432 may be obtained from the Officer 
in Charge,Marine Inspection. A copy of the completed form must be kept 
for 2years after the inspection under paragraph (a) of this section 
isconducted and the form made available to the Coast Guard and MMS 
onrequest. For manned fixed OCS facilities, the copy of the 
completedform must be kept on the facility. For unmanned fixed OCS 
facilities,the copy of the completed form must be kept either at the 
nearestmanned fixed OCS facility or, if there is no manned fixed OCS 
facilityin the area, at the nearest field office of the owner or 
operator. Inaddition, the owner or operator must submit, to the 
appropriate MMSDistrict office, a copy of each completed form CG-5432 
thatindicates outstanding deficiencies or hazards, within 30 days 
aftercompletion of the inspection.

[CGD 84-098a, 53 FR 18980, May 26, 1988, as amended byUSCG-2001-9045, 67 
FR 5916, Feb. 7, 2002]



Sec. 140.105  Correction of deficiencies and hazards.

    (a) Lifesaving and fire fighting equipment which is founddefective 
during an inspection by a Coast Guard marine inspector or aMinerals 
Management Service (MMS) inspector and which, in

[[Page 148]]

theopinion of the inspector, cannot be satisfactorily repaired must be 
somutilated in the presence of the inspector that it cannot be used 
forthe purpose for which it was originally intended. Lifesaving and 
firefighting equipment subsequently determined to be unrepairable must 
besimilarly mutilated in the presence of the person making 
thatdetermination.
    (b) Any deficiency or hazard discovered during an inspection by 
aCoast Guard marine inspector or an MMS inspector is reported to 
theunit's owner or operator, who shall have the deficiency or 
hazardcorrected or eliminated as soon as practicable and within the 
periodof time specified by the inspector.
    (c) Deficiencies and hazards discovered during an inspection of 
afixed OCS facility under Sec. 140.103(a) must be correctedor 
eliminated, if practicable, before the form CG-5432 iscompleted. 
Deficiencies and hazards that are not corrected oreliminated by the time 
the form is completed must be indicated on theform as ``outstanding'' 
and the form submitted to theappropriate MMS District office. Upon 
receipt of a form CG-5432indicating outstanding deficiencies or hazards, 
MMS informs, byletter, the owner or operator of the fixed OCS facility 
of thedeficiencies or hazards and the time period specified to correct 
oreliminate the deficiencies or hazards.
    (d) For lifesaving and fire fighting equipment deficiencies onfixed 
OCS facilities that cannot be corrected before the submission ofform CG-
5432, the owner or operator must contact theappropriate MMS District 
Supervisor to request a time period forrepair of the item. The owner or 
operator must include a descriptionof the deficiency and the time period 
approved by MMS for correctionof the deficiency in the comment section 
of form CG-5432.
    (e) Where a deficiency or hazard remains uncorrected oruneliminated 
after the expiration of the time specified for correctionor elimination, 
the Officer in Charge, Marine Inspection or MMS (fordeficiencies or 
hazards discovered by MMS during an inspection of afixed OCS facility), 
initiates appropriate enforcement measures.

[CGD84-098a, 53 FR 18981, May 26, 1988, as amended byUSCG-2001-9045, 67 
FR 5916, Feb. 7, 2002]



                        Subpart C_Investigations



Sec. 140.201  General.

    Under the direction of the Officer in Charge, Marine 
Inspection,investigating officers investigate the following incidents 
occurringas a result of OCS activities:
    (a) Death.
    (b) Injury resulting in substantial impairment of any bodily unitor 
function.
    (c) Fire which causes death, serious injury or property 
damageexceeding $25,000.
    (d) Oil spillage exceeding two hundred barrels of oil in 
oneoccurrence during a thirty-day period.
    (e) Other injuries, casualties, accidents, complaints of 
unsafeworking conditions, fires, pollution, and incidents occurring as 
aresult of OCS activities as the Officer in Charge, Marine 
Inspection,deems necessary to promote the safety of life or property or 
protectthe marine environment.



Sec. 140.203  Investigation procedures.

    (a) Insofar as practicable, investigations conducted pursuant tothis 
subchapter shall follow the procedures of 46 CFR Part 4.
    (b) Representatives of the U.S. Geological Survey may participatein 
these investigations. This participation may include, but is notlimited 
to:
    (1) Participating in a joint on-scene investigation;
    (2) Making recommendations concerning the scope of theinvestigation;
    (3) Calling and examing witnesses; and
    (4) Submitting or requesting additional evidence.
    (c) Reports of investigations conducted under this subchaptershall 
be made available to parties to the investigation and the publicupon 
completion of agency action.

[[Page 149]]



Sec. 140.205  Subpoenas.

    (a) In any investigation conducted pursuant to this subchapter,the 
investigating officer shall have the power to administer necessaryoaths, 
subpoena witnesses, and require the production of books,papers, 
documents, and any other evidence.
    (b) Attendance of witnesses or the production of books, 
papers,documents, or any other evidence shall be compelled by a 
processsimilar to that used in the District Courts of the United States.



PART 141_PERSONNEL--Table of Contents




                  Subpart A_Restrictions on Employment

Sec.
141.1 Purpose.
141.5 Applicability.
141.10 Definitions.
141.15 Restrictions on employment.
141.20 Exemptions from restrictions on employment.
141.25 Evidence of citizenship.
141.30 Evidence of status as a resident alien.
141.35 Records to be kept by the employer.

    Authority: 43 U.S.C. 1356; 49 CFR 1.46(z).

    Source: CGD 78-160, 47 FR 9379, Mar. 4, 1982,unless otherwise noted.



                  Subpart A_Restrictions on Employment



Sec. 141.1  Purpose.

    This subpart prescribes rules governing restrictions on 
theemployment of personnel on units engaged in OCS activities.



Sec. 141.5  Applicability.

    (a) This subpart applies to employment of personnel on unitsengaged 
in OCS activities, except as provided in paragraph (b) of thissection.
    (b) This subpart does not apply to employment of personnel on any:
    (1) Vessel subject to the citizenship requirements of 46 U.S.C.8103 
for pilots, licensed officers, and unlicensed crew when thevessel is 
transiting to or from an OCS facility or a United Statesport;
    (2) Vessel subject to the citizenship requirements of 46 U.S.C.7102 
and 8103 for officers and crew on federally subsidized ordocumented 
vessels; or
    (3) Unit over 50 percent of which is owned by one or more citizensof 
a foreign nation or with respect to which one or more citizens of 
aforeign nation have the right effectively to control, except to 
theextent and to the degree that the President determines that 
thegovernment of such foreign nation or any of its political 
subdivisionshas implemented, by statute, regulation, policy, or 
practice, anational manning requirement for equipment engaged in the 
exploration,development, or production of oil or gas in its offshore 
areas.
    (c) The Commandant may, upon request or upon that person's 
owninitiative, determine whether over 50 percent of a particular unit 
isowned by citizens of a foreign nation or whether citizens of a 
foreignnation have the right effectively to control the unit.
    (d) In determining whether ownership or a right effectively 
tocontrol exists, the Commandant may consider operational control of 
aunit, management responsibility, title, lease and charterarrangements, 
and financial interests.
    (e) The owner or operator of any unit affected is notified of 
theCommandant's determination.

(Information collection requirements contained in paragraph(c) were 
approved by the Office of Management and Budget under OMBcontrol number 
2130-0182)

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended byCGD 97-023, 62 FR 
33363, June 19, 1997]



Sec. 141.10  Definitions.

    As used in this subpart:
    Citizens of the United States means:
    (1) In the case of an individual, one who is a native 
born,derivative, or fully naturalized citizen of the United States;
    (2) In the case of a partnership, unincorporated company, 
orassociation, one in which 50% or more of the controlling interest 
isvested in citizens of the United States; or
    (3) In the case of a corporation, one which is incorporated underthe 
laws of the United States or of any State thereof.
    Citizen of a foreign nation means:
    (1) In the case of an individual, one who is not a citizen of 
theUnited States;

[[Page 150]]

    (2) In the case of a partnership, unincorporated company, 
orassociation, one in which more than 50% of the controlling interest 
isvested in citizens of a nation other than the United States; or
    (3) In the case of a corporation, one which is incorporated underthe 
laws of a nation other than the United States so long as (i) thetitle to 
a majority of the stock thereof is free from any trust orfiduciary 
obligation in favor of any citizen of the United States;(ii) the 
majority of the voting power in the corporation is not vestedin any 
citizen of the United States; (iii) through any contract 
orunderstanding, the majority of the voting power may not be 
exerciseddirectly or indirectly on behalf of any citizen of the United 
States;or (iv) by no other means, control of the corporation is 
conferredupon or permitted to be exercised by any citizen of the United 
States.
    Resident alien means an alien lawfully admitted to theUnited States 
for permanent residence in accordance with section101(a)(20) of the 
Immigration and Nationality Act of 1952, as amended,8 U.S.C. 
1101(a)(20).



Sec. 141.15  Restrictions on employment.

    (a) Each employer of personnel on any unit engaged in OCSactivities 
that is subject to this part must employ, as members of theregular 
complement of the unit, only citizens of the United States orresident 
aliens except as provided by Sec. 141.20.
    (b) As used in paragraph (a) of this section, ``regularcomplement of 
a unit'' means those personnel necessary for theroutine functioning of 
the unit, including marine officers and crew;industrial personnel on the 
unit, such as toolpushers, drillers,roustabouts, floor hands, crane 
operators, derrickmen, mechanics,motormen, and general maintenance 
personnel; and support personnel onthe unit, such as cooks, stewards and 
radio operators. The term doesnot include specialists, professionals, or 
other technically trainedpersonnel called in to handle emergencies or 
other temporaryoperations; extra personnel on a unit for training; and 
otherpersonnel temporarily on a unit for specialized operations, such 
asconstruction, alteration, well logging, or unusual repairs 
oremergencies.
    (c) The Officer in Charge, Marine Inspection, may determinewhether a 
particular individual or position is part of the regularcomplement of a 
unit. A copy of the determination is provided to theowner or operator of 
the unit affected.

(Approved by the Office of Management and Budget under OMBcontrol number 
2130-0182)

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended byUSCG-1998-3799, 63 
FR 35530, June 30, 1998]



Sec. 141.20  Exemptions from restrictions on employment.

    (a) An employer may request an exemption from the restrictions 
onemployment in Sec. 141.15 in order to employ persons otherthan 
citizens of the United States or resident aliens as part of theregular 
complement of the unit under the following circumstances:
    (1) When specific contractual provisions or national registrymanning 
requirements in effect on September 18, 1978 provide that aperson other 
than a citizen of the United States or a resident alienis to be employed 
on a particular unit.
    (2) When there is not a sufficient number of citizens of theUnited 
States or resident aliens qualified and available for the work.
    (3) When the President determines with respect to a particularunit 
that the employment of only citizens of the United States orresident 
aliens is not consistent with the national interest.
    (b) The request must be in writing, identify the provision 
ofparagraph (a) of this section relied upon, and:
    (1) If involving specific contractual provisions under 
paragraph(a)(1) of this section, list the persons claimed exempt and 
contain acopy of the contract;
    (2) If involving persons without an H-2 Visa underparagraph (a)(2) 
of this section, list the persons or positions soughtto be exempted; or
    (3) If under paragraph (a)(3) of this section, identify the 
unitinvolved and contain any information in support of the claim.
    (c) Requests must be submitted to the Commandant (G-MOC), U.S.Coast

[[Page 151]]

Guard Headquarters, 2100 2nd Street, SW., Washington, D.C.20593.
    (d) Upon receipt of a request under paragraph (a)(2) of thissection, 
the Coast Guard seeks information from the Department ofLabor concerning 
whether there are citizens of the United States orresident aliens 
qualified and available for work. If information isprovided that 
citizens of the United States or resident aliens arequalified and 
available, the employer may be required to seek theiremployment before 
the request is approved.
    (e) Upon receipt of a request under paragraph (a)(3) of thissection 
and after consulting with other Federal agencies asappropriate, the 
Commandant forwards the request and the comments ofthe Coast Guard and 
other interested agencies to the President fordetermination.
    (f) Upon approval by the President for request under paragraph 
(a)(3) of this section or by the Coast Guard for all other requests, 
theCoast Guard issues a certification of the exemption. A 
certificationissued under paragraph (a)(2) of this section is valid for 
one yearfrom the date of issuance.
    (g) If, within 30 days of receipt by the Coast Guard of a 
requestunder paragraph (a)(2) of this section, the Coast Guard does not 
makea determination or advise the employer that additional time 
forconsideration is necessary, the request is considered approved for 
aperiod of 90 days from the end of the 30 day period.
    (h) A request need not be submitted for persons who are notcitizens 
of the United States or resident aliens and who:
    (1) Are employed under the national registry manning 
requirementsexception in paragraph (a)(1) of this section; or
    (2) Have been classified and admitted to the United States 
astemporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in 
aposition for which admitted.

(Approved by the Office of Management and Budget under OMBcontrol number 
2130-0182)

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended byCGD 96-026, 61 FR 
33665, June 28, 1996]



Sec. 141.25  Evidence of citizenship.

    (a) The employer may accept as sufficient evidence that a personis a 
citizen of the United States any one of the following documentsand no 
others:
    (1) A merchant mariner's document issued by the Coast Guard under46 
CFR Part 12 which shows the holder to be citizen of the UnitedStates.
    (2) An original or certified copy of a birth certificate or 
birthregistration issued by a state or the District of Columbia.
    (3) A United States passport.
    (4) A Certificate of Citizenship issued by the Immigration 
andNaturalization Service.
    (5) A Certificate of Naturalization issued by a NaturalizationCourt.
    (6) A letter from the Coast Guard issued under paragraph (d) ofthis 
section.
    (b) If a person does not have one of the documents listed 
inparagraphs (a)(1) through (a)(6) of this section, that person 
mayappear in person before an Officer in Charge, Marine Inspection, 
andsubmit one or more of the following documents which may be 
consideredas evidence that the applicant is a citizen of the United 
States:
    (1) A Certificate of Derivative Citizenship or a Certificate 
ofNaturalization of either parent and a birth certificate of 
theapplicant or other evidence satisfactorily establishing that 
theapplicant was under 21 years of age at the time of the 
parent'snaturalization.
    (2) An original or certified copy of a birth certificate from 
apolitical jurisdiction outside the United States which 
demonstratescitizenship status.
    (3) A Baptismal certificate or parish record recorded within oneyear 
after birth.
    (4) A statement of a practicing physician certifying that 
thephysician attended the birth and has a record showing the date 
onwhich the birth occurred.
    (5) A commission, or evidence of commission, in the Armed Forcesof 
the United States which shows the holder to be a citizen of theUnited 
States.
    (6) A continuous discharge book or certificate of 
identificationissued by the Coast Guard or the former Bureau

[[Page 152]]

of MarineInspection, provided the document shows that the applicant 
producedsatisfactory evidence of citizenship at the time the document 
wasissued.
    (7) A delayed certificate of birth issued under a state 
seal,provided there are no collateral facts indicating fraud in 
itsprocurement.
    (8) A report of the Census Bureau showing the earliest 
availablerecord of the applicant's age or birth.
    (9) Affidavits of parents, relatives, or two or more 
responsiblecitizens of the United States, school records; immigration 
records;insurance policies; or other records which support the 
citizenshipclaim.
    (c) In any case where doubt exists concerning evidence ofcitizenship 
submitted under paragraph (b) of this section, the Officerin Charge, 
Marine Inspection, may refer the matter to the UnitedStates Immigration 
and Naturalization Service for an advisory opinion.
    (d) If the documents submitted under paragraph (b) of this 
sectionare determined by the Officer in Charge, Marine Inspection, to 
besufficient evidence that the applicant is a citizen of the 
UnitedStates, the Coast Guard issues the applicant a letter 
acknowledgingthis determination.

(Approved by the Office of Management and Budget under OMBcontrol number 
2130-0182)



Sec. 141.30  Evidence of status as a resident alien.

    The employer may accept as sufficient evidence that a person is 
aresident alien any one of the following documents and no others:
    (a) A merchant mariner's document issued by the Coast Guard under46 
CFR Part 12.
    (b) An alien registration receipt card issued by the Immigrationand 
Naturalization Service certifying that the card holder has beenadmitted 
to the United States as an immigrant.
    (c) A declaration of intention to become a citizen of the 
UnitedStates issued by the a Naturalization Court.



Sec. 141.35  Records to be kept by the employer.

    (a) The employer of personnel subject to this subpart shallmaintain, 
and make available to the Coast Guard upon request, a recordidentifying 
which of the documents listed inSec. Sec. 141.25 and 141.30 were relied 
upon for eachemployee. The record must consist of either a copy of the 
document orthe following information on the document:
    (1) For a merchant mariner's document or a United States 
passport,the document's title and identification number.
    (2) For a birth certificate or birth registration, the 
document'stitle and the employee's date and place of birth.
    (3) For all other documents listed in Sec. Sec. 141.25and 141.30, 
the document's title and date and place of issuance.
    (b) The employer of personnel subject to this subpart shallmaintain 
a written list of the positions that make up the regularcomplement of 
the unit and the name and nationality of the individualfilling each 
employee position. This list may be in summary form andany simple 
format.

(Approved by the Office of Management and Budget under OMBcontrol number 
2130-0182)



PART 142_WORKPLACE SAFETY AND HEALTH--Table of Contents




                            Subpart A_General

Sec.
142.1 Purpose.
142.4 Duties of lessees, permittees, and persons responsiblefor actual 
          operations.
142.7 Reports of unsafe working conditions.

                 Subpart B_Personal Protective Equipment

142.21 Purpose and applicability.
142.24 Use of equipment.
142.27 Eye and face protection.
142.30 Head protection.
142.33 Foot protection.
142.36 Protective clothing.
142.39 Respiratory protection.
142.42 Safety belts and lifelines.
142.45 Personal flotation devices.
142.48 Eyewash equipment.

                 Subpart C_General Workplace Conditions

142.81 Purpose and applicability.
142.84 Housekeeping.
142.87 Guarding of deck openings.
142.90 Lockout and tagout.

    Authority: 43 U.S.C 1333(d)(1), 1347(c), 1348(c); 49 CFR1.46(z).

[[Page 153]]


    Source: CGD 79-077, 51 FR 25059, July 10,1986, unless otherwise 
noted.



                            Subpart A_General



Sec. 142.1  Purpose.

    This part is intended to promote workplace safety and health 
byestablishing requirements relating to personnel, workplace 
activitiesand conditions, and equipment on the Outer Continental Shelf 
(OCS).



Sec. 142.4  Duties of lessees, permittees, and persons responsible for actualoperations.

    (a) Each holder of a lease or permit under the Act shall ensurethat 
all places of employment within the lease area or within the areacovered 
by the permit on the OCS are maintained in compliance withworkplace 
safety and health regulations of this part and, in addition,free from 
recognized hazards.
    (b) Persons responsible for actual operations, including 
owners,operators, contractors, and subcontractors, shall ensure that 
thoseoperations subject to their control are conducted in compliance 
withworkplace safety and health regulations of this part and, in 
addition,free from recognized hazards.
    (c) ``Recognized hazards'', in paragraphs (a) and (b)of this 
section, means conditions which are--
    (1) Generally known among persons in the affected industry ascausing 
or likely to cause death or serious physical harm to personsexposed to 
those conditions; and
    (2) Routinely controlled in the affected industry.



Sec. 142.7  Reports of unsafe working conditions.

    (a) Any person may report a possible violation of any regulationin 
this subchapter or any other hazardous or unsafe working conditionon any 
unit engaged in OCS activities to an Officer in Charge, 
MarineInspection.
    (b) After reviewing the report and conducting any 
necessaryinvestigation, the Officer in Charge, Marine Inspection, 
notifies theowner or operator of any deficiency or hazard and 
initiatesenforcement measures as the circumstances warrant.
    (c) The identity of any person making a report under paragraph (a)of 
this section is not made available, without the permission of 
thereporting person, to anyone other than those officers and employees 
ofthe Department of Transportation who have a need for the record in 
theperformance of their official duties.



                 Subpart B_Personal Protective Equipment



Sec. 142.21  Purpose and applicability.

    This subpart prescribes requirements concerning personalprotection 
on OCS facilities.



Sec. 142.24  Use of equipment.

    (a) Each holder of a lease or permit issued under the Act 
shallensure that all personnel who are required by this subpart to use 
orwear personal protective equipment do so when within the lease area 
orthe area covered by the permit.
    (b) Persons responsible for actual operations shall ensure thatall 
personnel engaged in the operation properly use or wear thepersonal 
protective equipment specified by this subpart.



Sec. 142.27  Eye and face protection.

    (a) Personnel engaged in or observing welding, grinding,machining, 
chipping, handling hazardous materials, or acetyleneburning or cutting 
shall wear the eye and face protector specified forthe operation in 
Figure 8 of ANSI Z87.1.
    (b) Eye and face protectors must be maintained in good condition.
    (c) Each eye and face protector must be marked with theinformation 
required by ANSI Z87.1 for that type of protector.



Sec. 142.30  Head protection.

    (a) Personnel in areas where there is a hazard of falling objectsor 
of contact with electrical conductors shall wear a head protectormeeting 
the specifications of ANSI Z89.1, for the hazard involved.
    (b) Each head protector must be marked with the informationspecified 
by ANSI Z89.1 for that type of protector and for the hazardinvolved.

[[Page 154]]



Sec. 142.33  Foot protection.

    (a) Personnel working in areas or engaged in activities wherethere 
is a reasonable probability for foot injury to occur shall wearfootwear 
meeting the specifications of ANSI Z41, except whenenvironmental 
conditions exist that present a hazard greater than thatagainst which 
the footwear is designed to protect.
    (b) Each pair of footwear must be marked with the 
informationspecified by ANSI Z41 for the type of footwear.

[CGD 79-077, 51 FR 25059, July 10, 1986, as amended at51 FR 28381, Aug. 
7, 1986]



Sec. 142.36  Protective clothing.

    Personnel in areas where there are flying particles, molten 
metal,radiant energy, heavy dust, or hazardous materials shall wear 
clothingand gloves providing protection against the hazard involved.



Sec. 142.39  Respiratory protection.

    (a) Personnel in an atmosphere specified under ANSI Z88.2,requiring 
the use of respiratory protection equipment shall wear thetype of 
respiratory protection equipment specified in ANSI Z88.2 forthat 
atmosphere.
    (b) Before personnel enter an atmosphere specified under ANSIZ88.2 
requiring the use of respiratory protection equipment, thepersons listed 
in Sec. 142.4 shall ensure that the personnelentering the atmosphere--
    (1) Follow the procedures stated in section 6 of ANSI 
Z88.2concerning the proper selection of a respirator and individual 
fittesting; and
    (2) Are trained in the matters set forth in section 7 of ANSIZ88.2 
concerning proper use of the equipment to be used and in thegenerally 
recognized short and long term harmful effects of exposureto the 
atmosphere involved.
    (c) All respiratory protection equipment must be approved, used,and 
maintained in accordance with ANSI Z88.2.

[CGD 79-077, 51 FR 25059, July 10, 1986, as amended at51 FR 28381, Aug. 
7, 1986]



Sec. 142.42  Safety belts and lifelines.

    (a) Except when moving from one location to another, 
personnelengaged in an activity where there is a hazard of falling 10 or 
morefeet shall wear a safety belt or harness secured by a lanyard to 
alifeline, drop line, or fixed anchorage.
    (b) Each safety belt, harness, lanyard, lifeline, and drop linemust 
meet the specifications of ANSI A10.14.



Sec. 142.45  Personal flotation devices.

    Personnel, when working in a location such that, in the event of 
afall, they would likely fall into water, shall wear a work vest 
thatmeets the requirements of 33 CFR 146.20 or a life preserver that 
meetsthe requirements of 46 CFR 160.002, 160.005, or 160.055, except 
whenusing the safety belts and lifelines required bySec. 142.42.



Sec. 142.48  Eyewash equipment.

    Portable or fixed eyewash equipment providing emergency reliefmust 
be immediately available near the drill floor, mudrooms, andother areas 
where there is a reasonable probability that eye injurymay occur.

[CGD 79-077, 51 FR 28381, Aug. 7, 1986]



                 Subpart C_General Workplace Conditions



Sec. 142.81  Purpose and applicability.

    This subpart prescribes requirements relating to general 
workingconditions on OCS facilities.



Sec. 142.84  Housekeeping.

    All staging, platforms, and other working surfaces and all 
ramps,stairways, and other walkways must be kept clear of portable 
tools,materials, and equipment not in use and be promptly cleared 
ofsubstances which create a tripping or slipping hazard. When engaged 
inan activity on the drill floor in which the spillage of drilling 
fluidis inevitable, such as when pulling wet strings of drill 
pipe,footwear and flooring designed to reduce slipping substantially may 
beused instead of keeping the drill floor free of drilling fluid 
duringthe activity.

[CGD 79-077, 51 FR 28381, Aug. 7, 1986]



Sec. 142.87  Guarding of deck openings.

    Openings in decks accessible to personnel must be covered,guarded, 
or

[[Page 155]]

otherwise made inaccessible when not in use. Themanner of blockage shall 
prevent a person's foot or body frominadvertently passing through the 
opening.



Sec. 142.90  Lockout and tagout.

    (a) While repair or other work is being performed on 
equipmentpowered by an external source, that equipment must be locked 
out asrequired in paragraph (b) of this section or, if a lockout 
provisiondoes not exist on the equipment, must be disconnected from the 
powersource or otherwise deactivated, unless the nature of the work 
beingperformed necessitates that the power be connected or the 
equipmentactivated.
    (b) If the equipment has a lockout or other device designed 
toprevent unintentional activation of the equipment, the lockout orother 
device must be engaged while the work is being performed on 
theequipment, unless the nature of the work being performed 
necessitatesthat the equipment be activated.
    (c) A tag must be placed at the point where the equipment connectsto 
a power source and at the location of the control panel activatingthe 
power, warning--
    (1) That equipment is being worked on; and
    (2) If the power source is disconnected or the equipmentdeactivated, 
that the power source must not be connected or theequipment activated.
    (d) The tags must not be removed without the permission of eitherthe 
person who placed the tags, that person's immediate supervisor, ortheir 
respective reliefs.

[CGD 79-077, 51 FR 25059, July 10, 1986; 51 FR 28382,Aug. 7, 1986]



PART 143_DESIGN AND EQUIPMENT--Table of Contents




                            Subpart A_General

Sec.
143.1 Purpose.
143.15 Lights and warning devices.

                        Subpart B_OCS Facilities

143.100 Applicability.
143.101 Means of escape.
143.105 Personnel landings.
143.110 Guards and rails.
143.120 Floating OCS facilities.

                Subpart C_Mobile Offshore Drilling Units

143.200 Applicability.
143.201 Existing MODUs exempted from new designrequirements.
143.205 Requirements for U.S. and undocumented MODUs.
143.207 Requirements for foreign MODUs.
143.210 Letter of compliance.

                            Subpart D_Vessels

143.300 Applicability.
143.301 Load line requirements.

                        Subpart E_Standby Vessels

143.400 Applicability.
143.401 Vessel certification and operation.
143.405 Equipment.
143.407 Manning.

    Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR1.46; section 
143.210 is also issued under 14 U.S.C. 664 and 31 U.S.C.9701.

    Source: CGD 78-160, 47 FR 9382, Mar. 4, 1982,unless otherwise noted.



                            Subpart A_General



Sec. 143.1  Purpose.

    This part prescribes design and equipment requirements for 
unitsengaged in OCS activities.



Sec. 143.15  Lights and warning devices.

    (a) OCS facilities must meet the lights and warning 
devicesrequirements under Part 67 of this chapter concerning aids 
tonavigation on artificial islands and fixed structures.
    (b) Vessels, including attending vessels but excluding MODUs 
underparagraph (a) of this section, must meet the lights and 
warningdevices requirements under the International Regulations 
forPreventing Collisions at Sea 1972 or under local rules provided for 
inRule 1 of those Regulations.

[CGD 78-160, 47 FR 9382, Mar. 4, 1982, as amended byUSCG-1998-3799, 63 
FR 35530, June 30, 1998]



                        Subpart B_OCS Facilities



Sec. 143.100  Applicability.

    This subpart applies to OCS facilities except mobile 
offshoredrilling units.

[[Page 156]]



Sec. 143.101  Means of escape.

    (a) ``Primary means of escape'' shall be fixedstairways or fixed 
ladders of metal construction.
    (b) ``Secondary means of escape'' shall be typesapproved for 
``primary means of escape'' or portable,flexible ladders, knotted man 
ropes, and other devices satisfactory tothe Officer in Charge, Marine 
Inspection.
    (c) Manned OCS facilities shall be provided with at least 
two``primary means of escape'' extending from the uppermostplatform 
level that contains living quarters or that personnel 
occupycontinuously, to each successively lower working level and to 
thewater surface. Working levels without living quarters, shops, 
oroffices in manned facility structural appendages, extensions, 
andinstallations that personnel occupy only occasionally shall 
beprovided with one ``primary means of escape'' and, whennecessary in 
the opinion of the Officer in Charge, Marine Inspection,one or more 
``secondary means of escape.''
    (d) Unmanned OCS facilities shall be provided with at least 
one``primary means of escape'' extending from the uppermostplatform 
working level to each successively lower working level and tothe water 
surface. When personnel are on board, unmanned facilitiesshall also be 
provided with one or more ``secondary means ofescape,'' but not more 
than one will be required for every 10persons extending from the 
uppermost working level of the facility toeach successively lower 
working level and to the water surface,excluding facility appendages and 
installations, unless``secondary means of escape'' from such appendages 
andinstallations are necessary in the opinion of the Officer in 
Charge,Marine Inspection.
    (e) ``Means of escape'' shall be suitably accessibleto personnel for 
rapid facility evacuation.
    (f) When two or more ``means of escape'' areinstalled, at least two 
shall be located as nearly diagonally oppositeeach other as practicable 
unless such requirement is unreasonable orimpracticable in the opinion 
of the Officer in Charge, MarineInspection.



Sec. 143.105  Personnel landings.

    (a) Sufficient personnel landings shall be provided on each 
mannedOCS facility to assure safe access and egress. When due to 
specialconstruction personnel landings are not feasible, then 
suitabletransfer facilities to provide safe access and egress shall 
beinstalled.
    (b) The personnel landings shall be provided with 
satisfactoryillumination. The minimum shall be one-foot candle of 
artificialillumination as measured at the landing floor and guards and 
rails.



Sec. 143.110  Guards and rails.

    (a) Except for helicopter landing decks which are provided for 
inparagraph (b) of this section, and areas not normally occupied, 
theunprotected perimeter of all floor or deck areas and openings shall 
berimmed with guards and rails or wire mesh fence. The guard rail 
orfence shall be at least 42 inches high. The two intermediate 
railsshall be so placed that the rails are approximately evenly 
spacedbetween the guard rail and the floor or deck area: Provided,That 
if a toe board is installed then one of the intermediate railsmay be 
omitted and the other rail placed approximately half waybetween the top 
of the toe board and the top guard rail.
    (b) The unprotected perimeter of the helicopter landing deck shallbe 
protected with a device of sufficient strength and size as toprevent any 
person from falling from such deck.
    (c) Each catwalk and each stairway shall be provided with asuitable 
guard rail or rails, as necessary.



Sec. 143.120  Floating OCS facilities.

    (a) Before construction is started on a proposed floating 
OCSfacility, the owner or operator of the facility must submit to 
theCoast Guard for approval all plans and information listed in subpart 
Cof 46 CFR part 107 which relate to the facility. All plans 
andinformation must be submitted according to the procedures in 
thatsubpart.
    (b) The facility must comply with the requirements of subchaptersF 
(Marine Engineering) and J (Electrical Engineering) of 46 CFRchapter I 
and 46 CFR part 108 (Design and Equipment).

[[Page 157]]

Whereunusual design or equipment needs make compliance 
impracticable,alternative proposals that provide an equivalent level of 
safety maybe accepted. These requirements do not apply to production 
systems onthe facility.
    (c) The Officer in Charge, Marine Inspection, determines whether 
afloating OCS facility meets the requirements of paragraph (b) of 
thissection and issues a certificate of inspection for each facility 
whichmeets these requirements. Inspection of the facility may be 
requiredas part of this determination.



                Subpart C_Mobile Offshore Drilling Units



Sec. 143.200  Applicability.

    This subpart applies to mobile offshore drilling units whenengaged 
in OCS activities.



Sec. 143.201  Existing MODUs exempted from new design requirements.

    Any mobile offshore drilling unit built before, under 
constructionon, or contracted for prior to April 5, 1982 is not required 
to meetthe design requirements of this subpart until the unit is 
rebuilt.Until rebuilt, the unit must continue to comply with the 
designrequirements applicable to the unit on April 4, 1982.

[CGD 78-160, 47 FR 11011, Mar. 15, 1982]



Sec. 143.205  Requirements for U.S. and undocumented MODUs.

    Each mobile offshore drilling unit that is documented under thelaws 
of the United States or not documented under the laws of anynation must 
comply with the design, equipment, and inspectionrequirements of 46 CFR 
parts 107 and 108 in order to engage in OCSactivities.



Sec. 143.207  Requirements for foreign MODUs.

    Each mobile offshore drilling unit that is documented under thelaws 
of a foreign nation must, when engaged in OCS activities, complywith one 
of the following:
    (a) The design and equipment standards of 46 CFR part 108.
    (b) The design and equipment standards of the documenting nationif 
the standards provide a level of safety generally equivalent to 
orgreater than that provided under 46 CFR part 108.
    (c) The design and equipment standards for mobile offshoredrilling 
units contained in the International Maritime Organization(IMO, formerly 
Inter-Governmental Maritime Consultative Organizationor IMCO) (IMO) Code 
for Construction and Equipment of Mobile OffshoreDrilling Units (IMO 
Assembly Resolution A.414(XI)) which has beenincorporated by reference.



Sec. 143.210  Letter of compliance.

    (a) The Officer in Charge, Marine Inspection, determines whether 
amobile offshore drilling unit which does not hold a valid Coast 
GuardCertificate of Inspection meets the requirements ofSec. Sec. 
143.205 or 143.207 relating to design andequipment standards and issues 
a letter of compliance for each unitwhich meets the requirements. 
Inspection of the unit may be requiredas part of this determination.
    (b) A letter of compliance issued under paragraph (a) of thissection 
is valid for one year or until the MODU departs the OCS forforeign 
operations, whichever comes first.
    (c) The owner or operator of a foreign mobile offshore drillingunit 
requiring a letter of compliance examination must pay the feeprescribed 
in 46 CFR 2.10-130.

[CGD 84-098a, 53 FR 18981, May 26, 1988, as amended byCGD 91-030, 60 FR 
13563, Mar. 13, 1995]



                            Subpart D_Vessels



Sec. 143.300  Applicability.

    This subpart applies to all vessels engaged in OCS activitiesexcept 
mobile offshore drilling units.



Sec. 143.301  Load line requirements.

    (a) Vessels, including foreign vessels, which would be subject tothe 
requirements of subchapter E of 46 CFR chapter I concerning loadlines 
when arriving at or proceeding to sea from any port or placewithin the 
United States must comply with those requirements whenengaged in 
activities on the OCS.

[[Page 158]]

    (b) Load line certificates and load line exemptioncertificates 
issued or accepted under subchapter E of 46 CFR chapter Iare accepted as 
evidence of compliance with paragraph (a) of thissection.



                        Subpart E_Standby Vessels

    Source: CGD 84-098b, 54 FR 21571, May 18, 1989,unless otherwise 
noted.



Sec. 143.400  Applicability.

    This subpart applies only to standby vessels meeting therequirements 
of this subpart and specifically designated in anEmergency Evacuation 
Plan (EEP) required bySec. Sec. 146.140 or 146.210 of this chapter to 
providerapid evacuation assistance in the event of an emergency.



Sec. 143.401  Vessel certification and operation.

    Standby vessels must meet the following:
    (a) Have a valid certificate of inspection issued in compliancewith 
Subchapters H, I, or T of 46 CFR Chapter I.
    (b) Be capable of carrying and providing shelter for 100 per centof 
the number of persons on the most populated facility that thestandby 
vessel is designated to assist. Crew spaces may be used tomeet the 
requirements of this section.
    (c) Provide bunks or aircraft type reclining seats for 10 per centof 
the number of persons on the most populated facility that thestandby 
vessel is designated to assist. Crew spaces may be used tomeet the 
requirements of this section.
    (d) Not carry or store goods, supplies, and equipment on the deckof 
the standby vessel or in other locations that may hinder thevessel's 
ability to render assistance to the facility that the vesselis 
designated to assist.
    (e) Not carry or store any hazardous material.



Sec. 143.405  Equipment.

    (a) Standby vessels must have, at least, the following equipment:
    (1) Multiple propellers or propulsion devices.
    (2) Two searchlights.
    (3) For vessels certificated under Subchapter H of 46 CFR ChapterI, 
a line throwing appliance that meets the requirements in 46 CFR75.45.
    (4) For vessels certificated under subchapters I or T of 46 
CFRchapter I, a line throwing appliance that meets the requirements of 
46CFR 94.45.
    (5) A Stokes or comparable litter.
    (6) One blanket for each person on the most populated facilitythat 
the standby vessel is designated to assist.
    (7) Means for safely retrieving persons, including injured 
orhelpless persons, from the water. The means of retrieval must 
bedemonstrated to the satisfaction of the Officer in Charge, 
MarineInspection.
    (8) A scramble net that can be rigged on either side of thestandby 
vessel.
    (9) A minimum of four Coast Guard approved ring life buoys, 
eachequipped with 15 fathoms of line.
    (10) An immersion suit approved by the Coast Guard under 46 
CFR160.171, or a buoyant suit meeting Supplement A ofANSI/UL-1123-1987 
and approved under 46 CFR 160.053, foreach member of the standby 
vessel's crew when the standby vesseloperates north of 32 degrees north 
latitude in the Atlantic Ocean ornorth of 35 degrees north latitude in 
all other waters.
    (11) Two boat hooks.
    (12) A fire monitor with a minimum flow rate of, at least, 
500gallons per minute.
    (13) One two-way radio capable of voice communications with theOCS 
facility, helicopters or other rescue aircraft, rescue boats, andshore 
side support personnel.
    (14) Floodlights to illuminate the personnel and boat retrievalarea, 
the scramble net when deployed, and the water around thepersonnel 
retrieval and scramble net deployment areas.
    (15) A copy of ``The Ship's Medicine Chest and Medical Aidat Sea'', 
DHHS Publication No. (PHS) 84-2024, availablefrom the Superintendent of 
Documents, U.S. Government Printing Office,Washington, DC 20402.
    (16) An industrial first aid kit sized for 50 percent of thenumber 
of persons on the most populated facility that the standbyvessel is 
designated to assist.
    (17) Coast Guard approved life preservers for 50 percent of 
thenumber of

[[Page 159]]

persons on the most populated facility that the standbyvessel is 
designated to assist.
    (b) Equipment required by paragraph (a) of this section must be 
tothe satisfaction of the Officer in Charge, Marine Inspection.



Sec. 143.407  Manning.

    Standby vessels must be crewed in accordance with theircertificate 
of inspection for 24 hour operation. The Officer inCharge, Marine 
Inspection, may require the crew to be augmented, asnecessary, to 
provide for maneuvering the standby vessel, forlookouts, for rigging and 
operating retrieval equipment, and forcaring for survivors.



PART 144_LIFESAVING APPLIANCES--Table of Contents




                     Subpart 144.01_Manned Platforms

Sec.
144.01-1 Life floats.
144.01-5 Location and launching of life floats.
144.01-10 Equipment for life floats.
144.01-15 Alternates for life floats.
144.01-20 Life preservers.
144.01-25 Ring life buoys.
144.01-30 First-aid kit.
144.01-35 Litter.
144.01-40 Emergency communications equipment.

                    Subpart 144.10_Unmanned Platforms

144.10-1 Lifesaving equipment.
144.10-10 Other lifesaving equipment.

       Subpart 144.20_Requirements for U.S. and UndocumentedMODU's

144.20-1 Applicability.
144.20-5 Exposure suits.

             Subpart 144.30_Requirements for Foreign MODU's

144.30-1 Applicability.
144.30-5 Exposure suits.

    Authority: 43 U.S.C. 1333d; 46 U.S.C. 3102(a); 46 CFR1.46.



                     Subpart 144.01_Manned Platforms



Sec. 144.01-1  Life floats.

    Each manned platform shall be provided with at least two 
approvedlife floats. The life floats shall have sufficient capacity 
toaccommodate all persons present at any one time.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



Sec. 144.01-5  Location and launching of life floats.

    The life floats shall be distributed in accessible locations 
andmounted on the outboard sides of the working platform in such a 
manneras to be readily launched.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



Sec. 144.01-10  Equipment for life floats.

    (a) Each lifefloat shall be provided with a painter. This 
paintershall be a manila rope not less than 2\3/4\ inches in 
circumferenceand of a length not less than three times the distance from 
the deckwhere the lifefloat is stowed to the low water line. 
Alternatively,the painter may be of other material provided it has equal 
strength tothe size of manila rope specified and is not less than \1/2\ 
inch indiameter.
    (b) Each life float must have a water light of an approvedautomatic 
electric type constructed in accordance with 46 CFR Subpart161.010, 
except a water light constructed in accordance with former 46CFR Subpart 
161.001 that was installed before January 1, 1972, may beretained in an 
existing installation as long as it is maintained ingood condition. The 
water light must be attached to the life float bya 12-thread manila or 
equivalent synthetic lanyard not less than 2meters (6 feet) nor more 
than 4 meters (12 feet) in length. The waterlight must be mounted on a 
bracket so that when the life float islaunched, the water light will 
pull free of the bracket.
    (c) Two paddles shall be provided for each life float. The 
paddlesshall not be less than five feet nor more than six feet long. 
Thepaddles shall be stowed in such a way that they will be readily

[[Page 160]]

accessible from either side of the life float when in the water.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]

    Editorial Note: For Federal Register citationsaffecting Sec. 
144.01-10, see the List of CFRSections Affected, which appears in the 
Finding Aids section of theprinted volume and on GPO Access.



Sec. 144.01-15  Alternates for life floats.

    (a) Approved lifeboats, approved life rafts or approved 
inflatablelife rafts may be used in lieu of approved life floats for 
either allor part of the capacity required. When either lifeboats or 
life raftsare used approved means of launching will be required. 
Inflatable liferafts, when used, shall be distributed and mounted as 
required forlife floats under Sec. 144.01-5.
    (b) The equipment required for a lifeboat is a bailer, boat 
hook,bucket, hatchet, lantern, life line, two life preservers, 
matches,full complement of oars and steering oar, painter, plug, and 
rowlocks,of the same type, kind, and character as required for 
lifeboatscarried on vessels engaged in navigating bays, sounds, and 
lakes otherthan the Great Lakes, and rivers.
    (c) The equipment required for a life raft is a boat hook, lifeline 
(if not a Type A life raft), full complement of oars and steeringoar, 
painter, and rowlocks of the same type, kind, and character asrequired 
for life rafts carried on cargo and miscellaneous vesselsnavigating on 
bays, sounds, and lakes other than the Great Lakes.
    (d) Inflatable liferafts shall be approved by the Coast Guardunder 
approval series 160.151. An approved ``LimitedService'' or ``Ocean 
Service'' liferaft installed onboard a platform before May 9, 1997, may 
continue to be used to meetthe requirements of this section provided it 
is maintained in good andserviceable condition.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR60-35 25 FR 
10132, Oct. 25, 1960; CGD 85-205, 62 FR35392, July 1, 1997]



Sec. 144.01-20  Life preservers.

    (a) An approved life preserver shall be provided for each personon a 
manned platform. The life preservers shall be located in 
easilyaccessible places.
    (b) All kapok and fibrous glass life preservers which do not 
haveplastic-covered pad inserts shall be removed from service.
    (c) Each life preserver carried on a manned platform must have 
apersonal flotation device light that is approved under Subpart 
161.012of 46 CFR Part 161. Each light must be securely attached to the 
frontshoulder area of the life preserver.
    (d) Each life preserver carried on a manned platform must have 
atleast 200 sq. cm (31 sq. in.) of retroreflective material attached 
onits front side, at least 200 sq. cm on its back side, and at leat 
200sq. cm of material on each of its reversible sides. The material 
mustbe Type I material that is approved under 46 CFR 164.018. The 
materialattached on each side of a life preserver must be divided 
equallybetween the upper quadrants of the side, and the material in 
eachquadrant must be attached as closely as possible to the shoulder 
areaof the life preserver.

[CGFR 60-35, 25 FR 10132, Oct. 25, 1960, as amended byCGD 78-160, 47 FR 
9383, Mar. 3, 1982;USCG-1998-3799, 63 FR 35530, June 30, 1998]



Sec. 144.01-25  Ring life buoys.

    (a) Each manned platform must have at least four approved ringlife 
buoys constructed in accordance with 46 CFR Subpart 160.050;except ring 
life buoys approved under former 46 CFR Subpart 160.009may be used as 
long as they are in good and serviceable condition. Onering life buoy 
must be placed on a suitable rack on each side of amanned platform in an 
accessible place. The ring life buoy must alwaysbe capable of being cast 
loose and may not be permanently secured inany way.
    (b) Each ring life buoy must have a water light of an 
approvedautomatic electric type constructed in accordance with 46 CFR 
Subpart161.010. A water light constructed in accordance with former 46 
CFRSubpart 161.001 that was installed before January 1, 1972 may 
beretained in an existing installation as long as it is maintained 
ingood condition. The water light must be attached to the ring life 
buoyby a 12-thread manila or equivalent synthetic lanyard not less than 
1meter (3 feet) nor more than 2 meters (6 feet) in length. The

[[Page 161]]

water light must be mounted on a bracket near the ring life buoyso that 
when the ring life buoy is cast loose, the water light willpull free of 
the bracket.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGD79-165b, 45 FR 
65208, Oct. 2, 1980; CGD 80-155b. 47 FR10533, Mar. 11, 1982]



Sec. 144.01-30  First-aid kit.

    On each manned platform a first-aid kit approved by the Commandantor 
the U.S. Bureau of Mines shall be provided and kept in the custodyof the 
person in charge.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGD73-177R, 40 FR 
8176, Feb. 26, 1975]



Sec. 144.01-35  Litter.

    On each manned platform a Stokes litter, or other suitable 
safetylitter capable of being safely hoisted with an injured person, 
shallbe provided and kept in an accessible place.

[CGFR 68-154, 33 FR 18626, Dec. 17, 1968]



Sec. 144.01-40  Emergency communications equipment.

    On manned platforms means of communication by radio and/or 
wiretelephone shall be provided for contacting the shore or vessels in 
thevicinity for aid in the event of an emergency.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



                    Subpart 144.10_Unmanned Platforms



Sec. 144.10-1  Lifesaving equipment.

    (a) Except as allowed in paragraph (b) of this section, no personmay 
be on an unmanned platform unless the following lifesavingequipment is 
readily accessible on the platform:
    (1) A life preserver or a Type I--Personal flotation device,listed 
in Table 1, for each person.

  Table 1--Life Preservers and EquivalentPerformance Flotation Devices
------------------------------------------------------------------------
                                              Equivalent toperformance
              Devices marked                         type marked
------------------------------------------------------------------------
160.002 Life preserver....................  Type I--Personal flotation
                                             device.
160.003 Life preserver....................  Type I--Personal flotation
                                             device.
160.004 Life preserver....................  Type I--Personal flotation
                                             device.
160.005 Life preserver....................  Type I--Personal flotation
                                             device.
160.055 Life preserver....................  Type I--Personal flotation
                                             device.
------------------------------------------------------------------------

    (2) An approved ring life buoy (Type IV PFD) for every twopersons, 
but no more than four devices are required. Each ring lifebuoy must be 
of a type constructed in accordance with 46 CFR subpart160.050; except a 
ring life buoy that was approved under former 46 CFRsubpart 160.009 may 
be used as long as it is in good and serviceablecondition.
    (3) Each ring life buoy under paragraph (a)(2) of this sectionmust 
have an approved automatic electric water light that is attachedas 
described in Sec. 144.01-25(b).
    (b) The ring life buoys required in paragraph (a)(2) of thissection 
may be kept on a manned vessel that remains alongside theplatform if 
there is no available space to keep them on the platform.

[CGD 73-177R, 40 FR 8176, Feb. 26, 1975, as amended byCGD 80-155b, 47 FR 
10533, Mar. 11, 1982]



Sec. 144.10-10  Other lifesaving equipment.

    Any lifesaving equipment on an unmanned platform that is notrequired 
in Sec. 144.10-1 must meet the standardscontained in Subpart 144.01 of 
this part.

[CGD 73-177R, 40 FR 8176, Feb. 26, 1975]



       Subpart 144.20_Requirements for U.S. and UndocumentedMODU's

    Authority: Sec. 4, 67 Stat. 462 (43 U.S.C. 1333) asamended; 49 CFR 
1.46(z).



Sec. 144.20-1  Applicability.

    This subpart applies to each MODU operating on the OCS that is 
notinspected under 46 CFR subchapter I-A.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984]



Sec. 144.20-5  Exposure suits.

    This section applies to each MODU except those operating south of32 
degrees North latitude in the Atlantic

[[Page 162]]

Ocean or south of 35degrees North latitude in all other waters.
    (a) Each MODU must carry an exposure suit for each person onboard. 
The exposure suit must be stowed in a readily accessiblelocation in or 
near the berthing area of the person for whom theexposure suit is 
provided.
    (b) In addition to the exposure suits required by paragraph (a) 
ofthis section, each watch station and work station must have 
enoughexposure suits to equal the number of persons normally on watch 
in, orassigned to, the station at one time. However, an exposure suit 
neednot be provided at a watch or work station for a person whose 
cabin,stateroom, or berthing area (and the exposure suits stowed in 
thatlocation) is readily accessible to the station.
    (c) Each exposure suit on a MODU must be of a type approved under46 
CFR 160.171.
    (d) Each exposure suit must have a personal flotation device 
lightthat is approved under 46 CFR 161.012. Each light must be 
securelyattached to the front shoulder area of the exposure suit.
    (e) Each exposure suit on a MODU must be provided with a whistleof 
the ball type or multi-tone type, of corrosion resistantconstruction, 
and in good working order. The whistle must be attachedto the exposure 
suit by a lanyard without hooks, snaps, clips, etc.,that is long enough 
to permit the whistle to reach the mouth of thewearer. If the lanyard 
allows the whistle to hang below the waist ofthe wearer, the whistle 
must be stowed in a pocket on the exposuresuit, or with the lanyard 
coiled and stopped off.
    (f) No stowage container for exposure suits may be capable ofbeing 
locked.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended byCGD 84-090, 50 FR 
3904, Jan. 29, 1985;USCG-2000-7223, 65 FR 40057, June 29, 2000]



             Subpart 144.30_Requirements for Foreign MODU's

    Authority: Sec. 4, 67 Stat. 462 (43 U.S.C. 1333) asamended; 49 CFR 
1.46(z).



Sec. 144.30-1  Applicability.

    This subpart applies to each MODU engaged in OCS activities thatis 
documented under the laws of a foreign nation.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984]



Sec. 144.30-5  Exposure suits.

    Each foreign MODU must meet the requirements ofSec. 144.20-5 of 
this chapter, except as follows:
    (a) Exposure suits (immersion suits, survival suits, etc.)approved 
by the nation under which the MODU is documented may be usedin lieu of 
suits approved under 46 CFR 160.071, provided that they areaccepted by 
the Commandant as providing equivalent thermal protectionto the wearer. 
(Requests for acceptance of such suits should be sentto Commandant, U.S. 
Coast Guard, (G-MSE), Washington, DC20593-0001, along with technical 
data supporting the thermalperformance of the suits.)
    (b) Personal flotation device lights approved by the nation 
underwhich the MODU is documented may be used in lieu of lights 
approvedunder 46 CFR 161.012.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended byCGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR33665, June 28, 1996]



PART 145_FIRE-FIGHTING EQUIPMENT--Table of Contents




Sec.
145.01 Portable and semi-portable fire extinguishers.
145.05 Classification of fire extinguishers.
145.10 Locations and number of fire extinguishers required.

    Authority: Sec. 633, 63 Stat. 545; sec. 4, 67 Stat. 462;14 U.S.C. 
633; 43 U.S.C. 1333.



Sec. 145.01  Portable and semi-portable fire extinguishers.

    On all manned platforms and on all unmanned platforms where crewsare 
continuously working on a 24-hour basis, approved type portablefire 
extinguishers and/or approved type semi-portable fireextinguishers shall 
be installed and maintained. On all unmannedplatforms where crews are 
not continuously working on a 24-hour

[[Page 163]]

basis, approved type portable fire extinguishers and/or approvedtype 
semi-portable fire extinguishers are required to be installed 
andmaintained only when crews are working thereon.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



Sec. 145.05  Classification of fire extinguishers.

    (a) Portable and semi-portable extinguishers shall be classifiedby a 
combination letter and number symbol. The letter indicating thetype of 
fire which the unit could be expected to extinguish, and thenumber 
indicating the relative size of the unit.
    (b) The types of fire will be designated as follows:
    (1) ``A'' for fires in ordinary combustible materialswhere the 
quenching and cooling effects of quantities of water, orsolutions 
containing large percentages of water, are of firstimportance.
    (2) ``B'' for fires in flammable liquids, greases,etc., where a 
blanketing effect is essential.
    (3) ``C'' for fires in electrical equipment where theuse of a non-
conducting extinguishing agent is of first importance.
    (c) The number designations for size will start with``I'' for the 
smallest to ``V'' for thelargest. Sizes I and II are considered portable 
extinguishers. SizesIII, IV and V are considered semi-portable 
extinguishers which shallbe fitted with suitable hose and nozzle or 
other practicable means sothat all portions of the space concerned may 
be covered. Examples ofsize graduations for some of the typical portable 
and semi-portableextinguishers are set forth in Table 145.05(c).

                             Table 145.05(c)--Portable andSemiportable Extinguishers
----------------------------------------------------------------------------------------------------------------
                           Classification                             Soda-
--------------------------------------------------------------------   acid                               Dry
                                                                       and     Foam,       Carbon      chemical,
                  Type                              Size              water,  gallons  dioxide,pounds    pounds
                                                                     gallons
----------------------------------------------------------------------------------------------------------------
A......................................  II........................   2\1/2\   2\1/2\
B......................................  II........................  .......   2\1/2\           15           10
C......................................  II........................  .......  .......           15           10
B......................................  V.........................  .......       40          100           50
----------------------------------------------------------------------------------------------------------------

    (d) All portable and semi-portable extinguishers shall 
havepermanently attached thereto a durable name plate giving the name 
ofthe item, the rated capacity in gallons or pounds, the name andaddress 
of the person or firm for whom approved, and the identifyingmark of the 
actual manufacturer.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR58-28, 23 FR 
6880, Sept. 6, 1958]



Sec. 145.10  Locations and number of fire extinguishers required.

    (a) Approved portable and semi-portable extinguishers shall 
beinstalled in accordance with Table 145.10(a).
    (b) Semi-portable extinguishers shall be located in the open so asto 
be readily seen.

                            Table 145.10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                  Space                           Classification                   Quantity andlocation
----------------------------------------------------------------------------------------------------------------
               safety areas
 
Communicating corridors..................  A-II........................  1 in each main corridor not morethan
                                                                          150 feet apart. (May be located in
                                                                          stairways.)
Radio room...............................  C-II........................  1 in vicinity of exit.
 
              accommodations
 
Sleeping accommodations..................  A-II........................  1 in each sleeping accommodationspace.
                                                                          (Where occupied by more than 4
                                                                          persons.)
 
             services spaces
 
Galleys..................................  B-II or C-II................  1 for each 2,500 square feet or
                                                                          fractionthereof for hazards involved.
Storerooms...............................  A-II........................  1 for each 2,500 square feet or
                                                                          fraction thereoflocated in vicinity of
                                                                          exits, either inside or outside of
                                                                          spaces.
 
             machinery spaces
 
Gas-fired boilers........................  B-II (CO2 or dry chemical)..  2required.
Gas-fired boilers........................  B-V.........................  1 required.\1\
Oil-fired boilers........................  B-II........................  2 required.
Oil-fired boilers........................  B-V.........................  2 required.\1\
Internal combustion or gas turbine         B-II........................  1 for eachengine.\2\
 engines.

[[Page 164]]

 
Electric motors or generators of open      C-II........................  1 for each2 motors or generators.\3\
 type.
----------------------------------------------------------------------------------------------------------------
\1\ Not required where a fixed carbon dioxide system isinstalled.
\2\ When installation is on weather deck or open toatmosphere at all times 1 B-II for each three engines is
  allowable.
\3\ Small electrical appliances, such as fans, etc., shallnot be counted or used as basis for determining number
  ofextinguishers required.


[CGFR 56-4, 21 FR 903, Feb. 9, 1956]



PART 146_OPERATIONS--Table of Contents




                        Subpart A_OCS Facilities

Sec.
146.1 Applicability.
146.5 Person in charge.
146.10 Notice of new facilities.
146.15 Maintenance of emergency equipment.
146.20 Work vests.
146.30 Notice of casualties.
146.35 Written report of casualty.
146.40 Diving casualties.
146.45 Pollution incidents.

                     Subpart B_Manned OCS Facilities

146.101 Applicability.
146.105 General alarm system.
146.110 Emergency signals.
146.115 Duties of personnel during an emergency.
146.120 Manning of survival craft.
146.125 Emergency drills.
146.130 Station bill.
146.135 Markings for emergency equipment.
146.140 Emergency Evacuation Plan.

                Subpart C_Mobile Offshore Drilling Units

146.201 Applicability.
146.202 Notice of arrival or relocation of MODUs on the OCS.
146.203 Requirements for U.S. and undocumented MODUs.
146.205 Requirements for foreign MODUs.
146.210 Emergency Evacuation Plan.

                            Subpart D_Vessels

146.301 Applicability.
146.303 Notice and written report of casualties.

    Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR1.46.

    Source: CGD 78-160, 47 FR 9383, Mar. 4, 1982,unless otherwise noted.



                        Subpart A_OCS Facilities



Sec. 146.1  Applicability.

    The provisions of this subpart apply to OCS facilities exceptmobile 
offshore drilling units.



Sec. 146.5  Person in charge.

    (a) The owner or operator, or the agent of either of them, 
shalldesignate by title and in order of succession the persons on each 
OCSfacility who shall be the ``person in charge.''
    (b) In case an emergency arises, nothing in the regulations inthis 
subchapter shall be so construed as preventing the person incharge from 
pursuing the most effective action in that person'sjudgement for 
rectifying the conditions causing the emergency.



Sec. 146.10  Notice of new facilities.

    (a) The owner or operator of each OCS facility not in 
operationbefore April 5, 1982 shall, at least 30 days before the date 
on-siteconstruction of the facility is expected to commence, notify 
theDistrict Commander for the area in which the facility will be 
locatedof:
    (1) The position in which the facility will be operated;
    (2) The designation assigned to the facility for identificationunder 
30 CFR 250.37;
    (3) The date when operation of the facility is expected tocommence; 
and
    (4) The date when the facility is expected to be available 
forinspection by the Coast Guard.
    (b) The information required in paragraph (a) of this section maybe 
submitted together with a need not repeat information submitted 
inconnection with the application and notice requirements in 33 CFR 
Part67 for aids to navigation on the Outer Continental Shelf.

[[Page 165]]



Sec. 146.15  Maintenance of emergency equipment.

    (a) The emergency equipment provided, regardless of whether or 
notrequired by this subchapter, shall be maintained in good condition 
atall times. Good operating practices require replacement of 
expendedequipment, as well as periodic renewal of those items which have 
alimited period of effectiveness.
    (b) Each personal flotation device light that has a non-replaceable 
power source must be replaced on or before the expirationdate of the 
power source.
    (c) Each replaceable power source for a personal flotation 
devicelight must be replaced on or before its expiration date and the 
lightmust be replaced when it is no longer serviceable.



Sec. 146.20  Work vests.

    (a) Types of approved work vests. Each buoyant work vestcarried 
under the permissive authority of this section must beapproved under--
    (1) 46 CFR 160.053; or
    (2) 46 CFR 160.077 as a commercial hybrid PFD.
    (b) Use. Approved buoyant work vests are considered to beitems of 
safety apparel and may be carried aboard OCS facilities to beworn by 
persons employed thereon when working near or over the water.The use and 
control of such vests shall be under the supervision ofthe person in 
charge of the facility. When carried, such vests shallnot be accepted in 
lieu of any portion of the required number ofapproved life preservers 
and shall not be substituted for the approvedlife preservers required to 
be worn during drills and emergencies.
    (c) Stowage. The work vests shall be stowed separately fromthe 
regular stowage of approved life preservers. The location for thestowage 
of work vests shall be such as not to be easily confused withthat for 
approved life preservers.
    (d) Inspections. Each work vest shall be subject toexamination by a 
marine inspector to determine its serviceability. Iffound to be 
satisfactory, it may be continued in service, but shallnot be stamped by 
a marine inspector with a Coast Guard stamp. If awork vest is found not 
to be in a serviceable condition, then suchwork vest shall be removed 
from the OCS facility. If a work vest isbeyond repair, it shall be 
destroyed or mutilated in the presence of amarine inspector so as to 
prevent its continued use as a work vest.
    (e) Additional requirements for hybrid work vests.Commercial hybrid 
PFD's must, in addition to the other requirements inthis section, be--
    (1) Used, stowed, and maintained in accordance with--
    (i) The procedures set out in the manual required for thesedevices 
by 46 CFR 160.077-29; and
    (ii) Any limitation(s) marked on them; and
    (2) Of the same or similar design and have the same method 
ofoperation as each other hybrid PFD carried on board.

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended byCGD 78-174A, 51 FR 
4339, Feb. 4, 1986]



Sec. 146.30  Notice of casualties.

    (a) The owner, operator, and person in charge of an OCS 
facilityshall ensure that the Coast Guard is notified as soon as 
possibleafter a casualty occurs, and by the most rapid means available, 
ofeach casualty involving the facility which results in:
    (1) Death; or
    (2) Injury to 5 or more persons in a single incident.
    (b) The owner, operator, and person in charge shall ensure thatthe 
Coast Guard is notified promptly of each casualty involving thefacility 
which results in:
    (1) Damage affecting the usefulness of primary lifesaving 
orfirefighting equipment;
    (2) Injury causing any person to be incapacitated for more than 
72hours;
    (3) Damage to the facility exceeding $25,000 resulting from 
acollision by a vessel with the facility; or
    (4) Damage to a floating OCS facility exceeding $25,000.
    (c) The notice required by paragraphs (a) and (b) of this 
sectionmust identify the person giving the notice and the facility 
involvedand describe, insofar as practicable, the nature of the casualty 
andthe extent of injury to personnel and damage to property.

[[Page 166]]

    (d) Damage costs referred to in paragraphs (b)(3) and (b)(4)of this 
section include the cost of labor and material to restore thefacility to 
the service condition which existed prior to the casualty,but does not 
include the cost of salvage, cleaning, gas freeing,drydocking or 
demurrage of the facility.

(Approved by the Office of Management and Budget under controlnumber 
1625-0001)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended byCGD 82-069, 50 FR 
14216, Apr. 11, 1985;USCG-2006-25150, 71 FR 39209, July 12, 2006]



Sec. 146.35  Written report of casualty.

    (a) In addition to the notice of a casualty required bySec. 146.30, 
the owner, operator, or person in charge shall,within 10 days of the 
casualty, submit to the Officer in Charge,Marine Inspection, a written 
report which:
    (1) Identifies the facility involved, its owner, operator, andperson 
in charge;
    (2) Describes the casualty, including the date and time;
    (3) Describes the nature and extent of injury to personnel anddamage 
to property;
    (4) Describes the factors which may have contributed to causingthe 
casualty;
    (5) Gives the name, address, and phone number of persons involvedin 
or witnessing the casualty; and
    (6) Gives any desired comments, especially with respect to use ofor 
need for emergency equipment.
    (7) Includes information relating to alcohol or drug involvementas 
specified in the vessel casualty reporting requirements of 46 CFR4.05-
12.
    (b) The written report required by paragraph (a) of this sectionmay 
be--
    (1) In narrative form if all appropriate parts of FormCG-2692 are 
addressed;
    (2) On Form CG-2692 for casualties resulting in propertydamage, 
personnel injury, or loss of life.
    (c) If filed or postmarked within 5 days of the casualty, thewritten 
report required by paragraph (a) of this section serves as thenotice 
required by Sec. 146.30(b).

(Approved by the Office of Management and Budget under controlnumber 
1625-0001)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended byCGD 82-023a, 47 FR 
35741, Aug. 16, 1982; CGD 82-023a, 48FR 43174, Sept. 22, 1983; CGD 84-
099, 52 FR 47533, Dec. 14,1987; USCG-2006-25150, 71 FR 39209, July 12, 
2006]



Sec. 146.40  Diving casualties.

    Diving related casualties are reported in accordance with 46 
CFR197.484 and 197.486.



Sec. 146.45  Pollution incidents.

    Oil pollution incidents involving an OCS facility are reported 
inaccordance with Sec. Sec. 135.305 and 135.307 of thischapter. 
Additional provisions concerning liability and compensationbecause of 
oil pollution are contained in Subchapter M of thischapter.



                     Subpart B_Manned OCS Facilities



Sec. 146.101  Applicability.

    The provisions of this subpart apply only to manned OCS 
facilitiesexcept mobile offshore drilling units.



Sec. 146.105  General alarm system.

    Each manned facility must have a general alarm system. Whenoperated, 
this system shall be audible in all parts of the structureon which 
provided.



Sec. 146.110  Emergency signals.

    (a) The owner, the owner's agent, or the person in charge 
shallestablish emergency signals to be used for calling the personnel 
totheir emergency stations.
    (b) The signal to man emergency stations shall be an 
intermittentsignal on the general alarm system for not less than 10 
seconds. Theabandon facility signal shall be a continuous signal on the 
generalalarm system.



Sec. 146.115  Duties of personnel during an emergency.

    (a) The owner, the owner's agent, or the person in charge 
shallassign to each person on a manned facility special duties and 
dutystations so that in event an emergency arises confusion will 
beminimized and no delay will

[[Page 167]]

occur with respect to the use orapplication of equipment required by 
this subchapter. The dutiesshall, as far as possible, be comparable with 
the regular work of theindividual.
    (b) The duties shall be assigned as necessary for the properhandling 
of any emergency, and shall include the following:
    (1) The closing of air ports, watertight doors, scuppers, 
andsanitary and other discharges which lead through the facility's hull.
    (2) The stopping of fans and ventilation systems.
    (3) The donning of life preserves.
    (4) The preparation and launching of life floats, lifeboats, orlife 
rafts.



Sec. 146.120  Manning of survival craft.

    The owner, the owner's agent, or the person in charge shall assigna 
person to each life float, lifeboat, life raft, or survival capsulewho 
shall be responsible for launching it in event of an emergency.



Sec. 146.125  Emergency drills.

    (a) Emergency drills shall be conducted at least once each monthby 
the person in charge of the manned facility. The drill shall beconducted 
as if an actual emergency existed. All personnel shouldreport to their 
respective stations and be prepared to perform theduties assigned to 
them.
    (b) The person in charge and conducting the emergency drill 
shallinstruct the personnel as necessary to insure that all persons 
arefamiliar with their duties and stations.
    (c) Emergency evacuation drills. The following emergencyevacuation 
drills must be conducted:
    (1) At least once a year, all the elements of the 
EmergencyEvacuation Plan (EEP) under Sec. 146.140 relating to 
theevacuation of personnel from the facility must be exercised through 
adrill or a series of drills. The drill(s) must exercise all of themeans 
and procedures listed in the EEP for each circumstance andcondition 
described in the EEP under Sec. 146.140(d)(9).
    (2) At least once a month, a drill must be conducted 
thatdemonstrates the ability of the facility's personnel to perform 
theirduties and functions on the facility, as those duties and 
functionsare described in the EEP. If a standby vessel is designated for 
thatfacility in the EEP, the vessel must be positioned as described in 
theEEP for an evacuation of that facility and the vessel's crew 
mustdemonstrate its ability to perform its duties and functions under 
theEEP.
    (d) The date and time of such drills shall be reported in writingby 
the person in charge at the time of the drill to the owner whoshall 
maintain this report record for a year and furnish it uponrequest to the 
Coast Guard. After one year, such records may bedestroyed. When it is 
impossible to conduct emergency drills asrequired by this section during 
a particular calendar month, duringthe following month, a written report 
by the owner shall be submittedto the Officer in Charge, Marine 
Inspection, stating why the drillscould not be conducted.

(Approved by the Office of Management and Budget under controlnumber 
1625-0018)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended byCGD 84-098b, 54 FR 
21572, May 18, 1989;USCG-2006-25150, 71 FR 39209, July 12, 2006]



Sec. 146.130  Station bill.

    (a) The person in charge of each manned platform shall beresponsible 
for and have prepared a station bill (muster list). Thisstation bill 
must be signed by the person in charge. Copies shall beduly posted in 
conspicuous locations on the manned platform.
    (b) The station bill shall set forth the special duties and 
dutystations of each member of the personnel for any emergency 
whichinvolves the use or application of equipment required by 
thissubchapter. In addition, it shall contain all other duties 
assignedand considered as necessary for the proper handling of 
otheremergencies.
    (c) The station bill shall contain the various signals to be usedfor 
calling the personnel to their emergency stations, and to abandonthe 
facility.

(Approved by the Office of Management and Budget under OMBcontrol number 
2115-0542)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended byCGD 86-011, 51 FR 
5712, Feb. 18, 1986]

[[Page 168]]



Sec. 146.135  Markings for emergency equipment.

    (a) Markings shall be provided as considered necessary for 
theguidance of persons on manned facilities.
    (b) The general alarm bell switches shall be identified by 
redletters at least one inch high with a contrasting 
background:``General Alarm.''
    (c) All general alarm bells shall be identified by a sign at 
eachbell in red letters at least one inch high with a sharp 
contrastingbackground: ``General Alarm--When Bell Rings Go to 
YourStation.
    (d) All life floats, lifeboats, life rafts, and survival 
capsules,together with paddles or oars, shall be conspicuously marked 
with aname or number of, or other inscription identifying, the facility 
onwhich placed. The number of persons allowed on each life 
float,lifeboat, or life raft shall be conspicuously marked thereon 
inletters and numbers 1\1/2\ inches high. These numbers shall be 
placedon both sides of the life float, lifeboat, or life raft. 
Inflatablelife rafts shall be marked in accordance with Subpart 160.051 
of 46CFR Part 160 and no additional markings are required.
    (e) All life preservers and ring life buoys shall be marked withthe 
name or number of, or other inscription identifying, the facilityon 
which placed except those which accompany mobile crews to 
unmannedplatforms may be marked with the operator's name and 
fielddesignation.



Sec. 146.140  Emergency Evacuation Plan.

    (a) The operator of each manned OCS facility shall develop 
anEmergency Evacuation Plan (EEP) for the facility which addresses allof 
the items listed in paragraph (d) of this section. The EEP mayapply to 
more than one facility, if the facilities are located in thesame general 
geographic location and within the same Coast GuardOfficer in Charge, 
Marine Inspection (OCMI) zone; if each facilitycovered by the EEP is 
specifically identified in the EEP; and if theevacuation needs of each 
facility are accommodated. The EEP must besubmitted to the OCMI having 
jurisdiction over the facility, 30 daysbefore placing the facility in 
operation. The OCMI reviews the EEP todetermine whether all items listed 
in paragraph (d) of this sectionare addressed for each facility included 
in the EEP. If the OCMIdetermines that all items in paragraph (d) of 
this section areaddressed, the OCMI stamps the EEP ``APPROVED'' 
andreturns it, together with a letter indicating Coast Guard approval, 
tothe operator. If the OCMI determines that any item is not 
addressed,the OCMI stamps the EEP ``RETURNED FOR REVISION'' andreturns 
the EEP, together with an explanation of the EEP'sdeficiencies, to the 
operator.
    (b) Once the EEP is approved under paragraph (a) of this section,the 
facility operator shall ensure that a copy of the EEP and theletter 
indicating Coast Guard approval is maintained on the facility.
    (c) The EEP must be resubmitted for approval when substantivechanges 
are made to the EEP. Only the pages affected by a change needbe 
resubmitted if the EEP is bound in such a way as to allow old pagesto be 
removed easily and new ones inserted. Substantive changesinclude, but 
are not limited to, installation of a new facility withinthe area 
covered by an EEP, relocation of a MODU, changes in the meansor methods 
of evacuation, or changes in the time required toaccomplish evacuation.
    (d) The EEP must, at a minimum,
    (1) Be written in language that is easily understood by 
thefacility's operating personnel;
    (2) Have a table of contents and general index;
    (3) Have a record of changes;
    (4) List the name, telephone number, and function of each personto 
be contacted under the EEP and state the circumstances in whichthat 
person should be contacted;
    (5) List the facility's communications equipment, its 
availablefrequencies, and the communications schedules with 
shoreinstallations, standby vessels, rescue aircraft, and other 
OCSfacilities specified in the EEP;
    (6) Identify the primary source of weather forecasting relied uponin 
implementing the EEP and state the frequency of reports when 
normalweather is forecasted, the frequency of reports

[[Page 169]]

when heavyweather is forecasted, and the method of transmitting the 
reports tothe facility;
    (7) Designate the individual on each facility covered by the EEPwho 
is assigned primary responsibility for implementing the EEP;
    (8) Designate those facility and shoreside support personnel whohave 
the authority to advise the person in charge of the facility asto the 
best course of action to be taken and who initiate actions toassist 
facility personnel;
    (9) Describe the recognized circumstances, such as fires orblowouts, 
and environmental conditions, such as approaching hurricanesor ice 
floes, in which the facility or its personnel would be placedin jeopardy 
and a mass evacuation of the facility's personnel would berecommended;
    (10) For each of the circumstances and conditions described 
underparagraph (d)(9) of this section, list the pre-evacuation steps 
forsecuring operations, whether drilling or production, including 
thetime estimates for completion and the personnel required;
    (11) For each of the circumstances and conditions described 
underparagraph (d)(9) of this section, describe the order in 
whichpersonnel would be evacuated, the transportation resources to be 
usedin the evacuation, the operational limitations for each mode 
oftransportation specified, and the time and distance factors 
forinitiating the evacuation; and
    (12) For each of the circumstances and conditions described 
underparagraph (d)(9) of this section, identify the means 
andprocedures--
    (i) For retrieving persons from the water during an evacuation;
    (ii) For transferring persons from the facility to designatedstandby 
vessels, lifeboats, or other types of evacuation craft;
    (iii) For retrieving persons from designated standby 
vessels,lifeboats, or other types of evacuation craft if used; and
    (iv) For the ultimate evacuation of all persons on the facility 
toland, another facility, or other location where the evacuees would 
bereasonably out of danger under the circumstance or condition 
beingaddressed.
    (e) The operator shall ensure that--
    (1) All equipment specified in the EEP, whether the equipment 
islocated on or off of the facility, is made available and located 
asindicated in the EEP and is designed and maintained so as to becapable 
of performing its intended function during an emergencyevacuation;
    (2) All personnel specified in the EEP are available and locatedas 
specified in the EEP and are trained in fulfilling their role underthe 
EEP; and
    (3) Drills are conducted in accordance withSec. 146.125(c).
    (f) A complete copy of the EEP must be made available to 
thefacility's operating personnel and a brief written summary of, or 
anoral briefing on, the EEP must be given to each person newly 
reportingon the facility.
    (g) A copy of the EEP must be on board each standby vessel, ifany, 
designated in the EEP and provided to all shoreside supportpersonnel, if 
any, specified in the EEP.

[CGD 84-098b, 54 FR 21572, May 18, 1989, as amended byUSCG-1998-3799, 63 
FR 35530, June 30, 1998]



                Subpart C_Mobile Offshore Drilling Units



Sec. 146.201  Applicability.

    This subpart applies to mobile offshore drilling units engaged inOCS 
activities.



Sec. 146.202  Notice of arrival or relocation of MODUs on the OCS.

    (a) The owner of any mobile offshore drilling unit engaged in 
OCSactivities shall, 14 days before arrival of the unit on the OCS or 
assoon thereafter as practicable, notify the District Commander for 
thearea in which the unit will operate of:
    (1) The unit's name, nationality, and designation assigned 
foridentification under 30 CFR 250.37;
    (2) The location and year that the unit was built;
    (3) The name and address of the owner, and the owner's 
localrepresentative, if any;
    (4) Classification or inspection certificates currently held bythe 
unit;

[[Page 170]]

    (5) The location and date that operations are expected tocommence 
and their anticipated duration; and
    (6) The location and date that the unit will be available andready 
for inspection by the Coast Guard.
    (b) Once a unit is located on the OCS, the owner of the unit 
shallnotify the District Commander before relocating the unit.
    (c) The information required in paragraphs (a) and (b) of 
thissection may be provided by telephone or may be submitted 
togetherwith, and need not repeat information contained in, applications 
andnotices under 33 CFR part 67 for aids to navigation on the 
OuterContinental Shelf or 33 CFR part 135 for applications for 
certificateof financial responsibility.



Sec. 146.203  Requirements for U.S. and undocumented MODUs.

    Each mobile offshore drilling unit documented under the laws ofthe 
United States and each mobile offshore drilling unit that is 
notdocumented under the laws of any nation must comply with the 
operatingstandards of 46 CFR part 109 when engaged in OCS activities.



Sec. 146.205  Requirements for foreign MODUs.

    Each mobile offshore drilling unit that is documented under thelaws 
of a foreign nation must, when engaged in OCS activities, complywith one 
of the following:
    (a) The operating standards of 46 CFR part 109.
    (b) The operating standards of the documenting nation if 
thestandards provide a level of safety generally equivalent to or 
greaterthan that provided under 46 CFR part 109.
    (c) The operating standards for mobile offshore drilling 
unitscontained in the International Maritime Organization (IMO, 
formerlyInter-Governmental Maritime Consultative Organization or IMCO) 
(IMO)Code for the Construction and Equipment of Mobile Offshore 
DrillingUnits (IMO Assembly Resolution A. 414(XI)) which has been 
incorporatedby reference and the requirements of 46 CFR Part 109 for 
matters notaddressed by the Code.



Sec. 146.210  Emergency Evacuation Plan.

    (a) Except as otherwise provided in this section, the 
requirementsapplicable to Emergency Evacuation Plans (EEPs) on manned 
OCSfacilities under Sec. 146.140 are applicable to MODUs.
    (b) An EEP must be submitted by--
    (1) The holder of a lease or permit under the Act for each 
MODUwithin the area of the lease or the area covered by the permit; or
    (2) The operator under 30 CFR 250.2(gg), if other than the holderof 
a lease or permit, for each MODU within the area in which theoperator 
controls or manages operations.
    (c) To avoid unnecessary duplication, the EEP may incorporate 
byreference pertinent sections of the MODU's operating manual requiredby 
46 CFR 109.121.
    (d) In complying with Sec. 146.140(d)(7), the EEP mustdesignate the 
master or person in charge of the MODU under 46 CFR109.107 as the 
individual who is assigned primary responsibility forimplementing the 
EEP, as it relates to that MODU.

[CGD 84-098b, 54 FR 21573, May 18, 1989]



                            Subpart D_Vessels



Sec. 146.301  Applicability.

    This subpart applies to vessels engaged in OCS activities otherthan 
United States vessels already required to report marinecasualties under 
Subpart 4.05 of 46 CFR part 4 or subpart D of 46 CFRpart 109.



Sec. 146.303  Notice and written report of casualties.

    The owner, operator, or person in charge of a vessel engaged inOCS 
activities shall ensure that the notice of casualty requirementsof Sec. 
146.30 and the written report requirements ofSec. 146.35 are complied 
with whenever a casualty involvingthe vessel occurs which results in:
    (a) Death;
    (b) Injury to 5 or more persons in a single incident; or

[[Page 171]]

    (c) Injury causing any person to be incapacitated for morethan 72 
hours.

(Approved by the Office of Management and Budget under controlnumber 
1625-0001)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended byUSCG-2006-25150, 71 
FR 39209, July 12, 2006]



PART 147_SAFETY ZONES--Table of Contents




Sec.
147.1 Purpose of safety zones.
147.5 Delegation of authority.
147.10 Establishment of safety zones.
147.15 Extent of safety zones.
147.20 Definitions.
147.801 Boxer Platform safety zone.
147.803 Bullwinkle Platform safety zone.
147.805 Ursa Tension Leg Platform safety zone.
147.807 West Delta 143 Platform safety zone.
147.809 Mars Tension Leg Platform safety zone.
147.811 Ram-Powell Tension Leg Platform safety zone.
147.813 Auger Tension Leg Platform safety zone.
147.815 ExxonMobil Hoover Floating OCS Facility safety zone.
147.817 Sir Douglas Morpeth Tension Leg Platform safetyzone.
147.819 Allegheny Tension Leg Platform safety zone.
147.821 Brutus Tension Leg Platform safety zone.
147.823 Enchilada Platform safety zone.
147.825 Chevron Genesis Spar safety zone.
147.827 Marlin Tension Leg Platform safety zone.
147.829 Matterhorn Tension Leg Platform safety zone.
147.831 Holstein Truss Spar safety zone.
147.833 Na Kika FDS safety zone.
147.835 Magnolia TLP safety zone.
147.837 Marco Polo Tension Leg Platform safety zone.
147.839 Mad Dog Truss Spar Platform safety zone.
147.841 Atlantis Semi-Submersible safety zone.
147.843 Thunder Horse Semi-Submersible safety zone.
147.1102 Platform GRACE safety zone.
147.1103 Platform GINA safety zone.
147.1104 Platform ELLEN & ELLY safety zone.
147.1105 Platform HONDO safety zone.
147.1106 Exxon Santa Ynez offshore storage and treatmentvessel mooring 
          safety zone.
147.1107 Platform GILDA safety zone.
147.1108 Platform EDITH safety zone.
147.1109 Platform HERMOSA safety zone.
147.1110 Platform HARVEST safety zone.
147.1111 Platform EUREKA safety zone.
147.1112 Platform HIDALGO safety zone.
147.1113 Platform GAIL safety zone.
147.1114 Platform HARMONY safety zone.
147.1115 Platform HERITAGE safety zone.
147.1116 Platform IRENE safety zone.

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; Department ofHomeland 
Security Delegation No. 0170.1.

    Source: CGD 78-160, 47 FR 9386, Mar. 4, 1982,unless otherwise noted.



Sec. 147.1  Purpose of safety zones.

    Safety zones may be established around OCS facilities 
beingconstructed, maintained, or operated on the Outer Continental Shelf 
topromote the safety of life and property on the facilities, 
theirappurtenances and attending vessels, and on the adjacent waters 
withinthe safety zones. Regulations adopted for safety zones may extend 
tothe prevention or control of specific activities and access by 
vesselsor persons, and include measures to protect the living resources 
ofthe sea from harmful agents. The regulations do not encompass 
theoperating equipment or procedures used in the drilling for 
andproduction of oil, gas, or other minerals, or the transportation 
ofoil, gas, or other minerals by pipeline except as they relate to 
thesafety of life and property on OCS facilities and on the 
watersadjacent to OCS facilities or to the protection of the 
livingresources of the sea within a safety zone from harmful agents.



Sec. 147.5  Delegation of authority.

    The authority to establish safety zones and to issue and 
enforcesafety zone regulations in accordance with the provisions of this 
partis delegated to District Commanders.



Sec. 147.10  Establishment of safety zones.

    (a) Whenever it comes to the attention of the District Commanderthat 
a safety zone and regulations may be required concerning any OCSfacility 
being constructed, maintained, or operated on the OuterContinental Shelf 
or its appurtenances and attending vessels, or theadjacent waters, the 
District Commander may initiate appropriateinquiry to determine whether 
a safety zone and regulations should beestablished. In making this 
determination, the District Commanderconsiders

[[Page 172]]

all relevant safety factors, including existing orreasonably foreseeable 
congestion of vessels, the presence ofunusually harmful or hazardous 
substances, and any obstructions within500 meters of the OCS facility. 
If the District Commander determinesthat the circumstances warrant the 
establishment of a safety zone andregulations the District Commander 
takes action as necessaryconsistent with the provisions of this part.
    (b) Except as provided in paragraph (c) of this section, a 
safetyzone and necessary regulations may be established concerning any 
OCSfacility being constructed, maintained or operated on the 
OuterContinental Shelf, following publication of a notice of proposed 
rulemaking in the Federal Register and after interested parties havebeen 
given the opportunity to submit comments. A zone and 
necessaryregulations may be in effect during any period when 
constructionequipment and materials are within 500 meters of the 
construction siteuntil the removal of all portions of the facility.
    (c) A safety zone and necessary regulations may be 
establishedwithout public rule making procedures when the District 
Commanderdetermined that imminent danger exists with respect to the 
safety oflife and property on an OCS facility constructed, maintained, 
oroperated on the Outer Continental Shelf, its appurtenances 
andattending vessels or adjacent waters. A safety zone and 
regulationsmay be made effective on the date the rule is published in 
theFederal Register. However, if circumstances require, they may 
beplaced into effect immediately, followed promptly by publication inthe 
Federal Register. The District Commander may utilize, inaddition to 
broadcast Notices to Mariners, Local Notices to Mariners,and Notices to 
Mariners, newspapers, and broadcasting stations todisseminate 
information concerning a safety zone and regulationspertaining thereto. 
The public may comment concerning theestablishment of a safety zone or 
regulations under this paragraph. Asafety zone or regulations may be 
modified or withdrawn, asappropriate, based on the comments received.
    (d) 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 reference to NAD 83 only after application of 
theappropriate corrections that are published on the particular map 
orchart being used.

[CGD 78-160, 47 FR 9386, Mar. 4, 1982, as amended byCGD 86-082, 52 FR 
33811, Sept. 8, 1987]



Sec. 147.15  Extent of safety zones.

    A safety zone establishment under this part may extend to amaximum 
distance of 500 meters around the OCS facility measured fromeach point 
on its outer edge or from its construction site, but maynot interfere 
with the use of recognized sea lanes essential tonavigation.



Sec. 147.20  Definitions.

    Unless otherwise stated, the term ``attending vessel''refers to any 
vessel which is operated by the owner or operator of anOCS facility 
located in the safety zone, which is used for the purposeof carrying 
supplies, equipment or personnel to or from the facility,which is 
engaged in construction, maintenance, alteration, or repairof the 
facility, or which is used for further exploration, production,transfer 
or storage of natural resources from the seabed beneath thesafety zone.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.801  Boxer Platform safety zone.

    (a) Description. The Boxer Platform is located at 
position27[deg]56[min]48[sec] N, 90[deg]59[min]48[sec] W. The areawithin 
500 meters (1640.4 feet) from each point on the structure'souter edge, 
not to extend into the adjacent East--West Gulf ofMexico Fairway is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or

[[Page 173]]

    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.803  Bullwinkle Platform safety zone.

    (a) Description. The Bullwinkle Platform is located atposition 
27[deg]53[min]01[sec] N, 90[deg]54[min]04[sec] W. Thearea within 500 
meters (1640.4 feet) from each point on thestructure's outer edge is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.805  Ursa Tension Leg Platform safety zone.

    (a) Description. The Ursa Tension Leg Platform (Ursa TLP) islocated 
at position 28[deg]09[min]14.497[sec] N,89[deg]06[min]12.790[sec] W. The 
area within 500 meters (1640.4feet) from each point on the structure's 
outer edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.807  West Delta 143 Platform safety zone.

    (a) Description. The West Delta 143 Platform is located atposition 
28[deg]39[min]42[sec] N, 89[deg]33[min]05[sec] W. Thearea within 500 
meters (1640.4 feet) from each point on thestructure's outer edge, not 
to extend into the adjacent MississippiRiver Approach Fairway, is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except: (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.809  Mars Tension Leg Platform safety zone.

    (a) Description. The Mars Tension Leg Platform (Mars TLP) islocated 
at position 28[deg]10[min]10.29[sec] N,89[deg]13[min]22.35[sec] W with 
two supply boat mooring buoys atpositions 28[deg]10[min]18.12[sec] N, 
89[deg]12[min]52.08[sec] W(Northeast) and 28[deg]09[min]49.62[sec] 
N,89[deg]12[min]57.48[sec] W (Southeast). The area within 500 
meters(1640.4 feet) from each point on the structure's outer edge and 
thearea within 500 meters (1640.4 feet) of each of the supply 
boatmooring buoys is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.811  Ram-Powell Tension Leg Platform safety zone.

    (a) Description. The Ram-Powell Tension Leg Platform (Ram-Powell 
TLP) is located at position 29[deg]03[min]52.2[sec] 
N,88[deg]05[min]30[sec] W with two supply boat mooring buoys atpositions 
29[deg]03[min]52.2[sec] N, 88[deg]05[min]12.6[sec] W(Northeast) and 
29[deg]03[min]28.2[sec] N,88[deg]05[min]10.2[sec] W (Southeast). The 
area within 500 meters(1640.4 feet) from each point on the structure's 
outer edge and thearea within 500 meters (1640.4 feet) of each of the 
supply boatmooring buoys is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.813  Auger Tension Leg Platform safety zone.

    (a) Description. The Auger Tension Leg Platform (Auger TLP)is 
located at position 27[deg]32[min]45.4[sec] N,92[deg]26[min]35.09[sec] W 
with two supply boat mooring buoys atpositions 27[deg]32[min]38.1[sec] 
N, 92[deg]26[min]04.8[sec] W(East Buoy) and 27[deg]32[min]58.14[sec] 
N,92[deg]27[min]04.92[sec] W (West Buoy). The area within 500 
meters(1640.4 feet) from each point on the structure's outer edge and 
anarea within 500 meters (1640.4 feet) of each of

[[Page 174]]

the supply boatmooring buoys is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except:
    (1) an attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing 
or fishing; or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.815  ExxonMobil Hoover Floating OCS Facility safety zone.

    (a) Description. The ExxonMobil Hoover Floating OCSFacility, 
Alaminos Canyon Block 25A (AC25A), is located at 
position26[deg]56[min]33[sec] N, 94[deg]41[min]19.55[sec] W. The 
areawithin 500 meters (1640.4 feet) from each point on the 
structure'souter edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast GuardDistrict

[CGD08-01-025, 68 FR 4102, Jan. 28, 2003]



Sec. 147.817  Sir Douglas Morpeth Tension Leg Platform safety zone.

    (a) Description. The Sir Douglas Morpeth Tension LegPlatform 
(Morpeth TLP), Ewing Bank Block 921A (EW 921A), is located atposition 
28[deg]02[min]05.28[sec] N, 90[deg]01[min]22.12[sec] W.The area within 
500 meters (1640.4 feet) from each point on thestructure's outer edge is 
a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-01-025, 68 FR 4102, Jan. 28, 2003]



Sec. 147.819  Allegheny Tension Leg Platform safety zone.

    (a) Description. The Allegheny Tension Leg Platform(Allegheny TLP), 
Green Canyon Block 254A (GC 254A), is located atposition 
27[deg]41[min]29.65[sec] N, 90[deg]16[min]31.93[sec] W.The area within 
500 meters (1640.4 feet) from each point on thestructure's outer edge is 
a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-01-025, 68 FR 4102, Jan. 28, 2003]



Sec. 147.821  Brutus Tension Leg Platform safety zone.

    (a) Description. The Brutus Tension Leg Platform (BrutusTLP), Green 
Canyon Block 158 (GC 158), is located at 
position27[deg]47[min]42.86[sec] N, 90[deg]38[min]51.15[sec] W. The 
areawithin 500 meters (1640.4 feet) from each point on the 
structure'souter edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-01-025, 68 FR 4102, Jan. 28, 2003]



Sec. 147.823  Enchilada Platform safety zone

    (a) Description. The Enchilada Platform, Garden Banks Block128A (GB 
128A), is located at position 27[deg]52[min]31.31[sec] 
N,91[deg]59[min]11.09[sec] W. The area within 500 meters (1640.4feet) 
from each point on the structure's outer edge, not to extendinto the 
adjacent East-West Gulf of Mexico Fairway, is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-01-025, 68 FR 4102, Jan. 28, 2003]



Sec. 147.825  Chevron Genesis Spar safety zone.

    (a) Description. The Chevron Genesis Spar, Green Canyon 
205A(GC205A), is located at position 27[deg]46[min]46.365[sec] N,

[[Page 175]]

90[deg]31[min]06.553[sec] W. The area within 500 meters(1640.4 feet) 
from each point on the structure's outer edge is asafety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-01-043, 68 FR 4100, Jan. 28, 2003]



Sec. 147.827  Marlin Tension Leg Platform safety zone.

    (a) Description. The Marlin Tension Leg Platform (MarlinTLP), Viasca 
Knoll, Block 915 (VK 915), is located at position29[deg]6[min]27.46[sec] 
N, 87[deg]56[min]37.14[sec] W. The areawithin 500 meters (1640.4 feet) 
from each point on the structure'souter edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-02-045, 68 FR 55445, Sept. 26, 2003]



Sec. 147.829  Matterhorn Tension Leg Platform safety zone.

    (a) Description. The Matterhorn Tension Leg Platform A(Matterhorn 
TLP), Mississippi Canyon 243 (MC 243), located at 
position28[deg]44[min]32[sec] N, 88[deg]39[min]32[sec] W. The areawithin 
500 meters (1640.4 feet) from each point on the structure'souter edge is 
a safety zone. These coordinates are based upon [NAD83].
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-03-017, 68 FR 59118, Oct. 14, 2003]



Sec. 147.831  Holstein Truss Spar safety zone.

    (a) Description. Holstein, Green Canyon 645 (GC 645),located at 
position 27[deg]19[min]17[sec] N,90[deg]32[min]08[sec] W. The area 
within 500 meters (1640.4 feet)from each point on the structure's outer 
edge is a safety zone. Thesecoordinates are based upon North American 
Datum 1983.
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-03-028, 69 FR 6147, Feb. 10, 2004]



Sec. 147.833  Na Kika FDS safety zone.

    (a) Description. Na Kika FDS, Mississippi Canyon 474``A'' (MC 474 
``A''), located at position28[deg]31[min]14.86[sec] N, 
88[deg]17[min]19.69[sec] W. The areawithin 500 meters (1640.4 feet) from 
each point on the structure'souter edge is a safety zone. These 
coordinates are based upon [NAD83].
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following: (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-03-039, 69 FR 21066, Apr. 20, 2004]



Sec. 147.835  Magnolia TLP safety zone.

    (a) Description. Magnolia TLP, Garden Banks 783``A'' (GB 783 ``A''), 
located at position27[deg]12[min]13.86[sec] N, 92[deg]12[min]09.36[sec] 
W. The areawithin 500 meters (1640.4 feet) from each point on the 
structure'souter edge is a safety zone. These coordinates are based upon 
[NAD83].
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-03-040, 69 FR 19934, Apr. 15, 2004]



Sec. 147.837  Marco Polo Tension Leg Platform safety zone.

    (a) Description. Marco Polo Tension Leg Platform, GreenCanyon 608 
(GC 608), located at position 27[deg]21[min]43.32[sec]N, 
90[deg]10[min]53.01[sec] W. The area within 500 meters (1640.4feet) from 
each point on the structure's outer edge is a safety zone.

[[Page 176]]

These coordinates are based upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-04-004, 69 FR 33858, June 17, 2004]



Sec. 147.839  Mad Dog Truss Spar Platform safety zone.

    (a) Description. Mad Dog Truss Spar Platform, Green Canyon782 (GC 
782), located at position 27[deg]11[min]18[sec] N,91[deg]05[min]12[sec] 
W. The area within 500 meters (1640.4 feet)from each point on the 
structure's outer edge is a safety zone. Thesecoordinates are based upon 
[NAD 83].
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-05-012, 70 FR 43768, July 29, 2005]



Sec. 147.841  Atlantis Semi-Submersible safety zone.

    (a) Description. Atlantis Semi-Submersible, Green Canyon 787(GC 
787), located at position 27[deg]11[min]44[sec] N,90[deg]01[min]37[sec] 
W. The area within 500 meters (1640.4 feet)from each point on the 
structure's outer edge is a safety zone. Thesecoordinates are based upon 
[NAD 83].
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-05-015, 70 FR 43772, July 29, 2005]



Sec. 147.843  Thunder Horse Semi-Submersible safety zone.

    (a) Description. Thunder Horse Semi-Submersible, MississippiCanyon 
778 (MC 778), located at position 28[deg]11[min]26[sec] 
N,88[deg]29[min]44[sec] W. The area within 500 meters (1640.4 feet)from 
each point on the structure's outer edge is a safety zone. 
Thesecoordinates are based upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safetyzone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged intowing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast 
GuardDistrict.

[CGD08-05-019, 70 FR 43770, July 29, 2005]



Sec. 147.1102  Platform GRACE safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-10[min]-47[sec] N,119[deg]-28[min]-05[sec] W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing, or (3)a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48FR 33263, July 21, 1983]



Sec. 147.1103  Platform GINA safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-07[min]-02[sec] N,119[deg]-16[min]-35[sec] W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing, or (3)a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48FR 33263, July 21, 1983]



Sec. 147.1104  Platform ELLEN & ELLY safety zone.

    (a) Description: The areas within a line 500 meters fromeach point 
on the outer edge of each structure. The structures areapproximately 120 
meters apart. The position of the center of eachstructure is: Platform 
Ellen, 33[deg]-34[min]-57[sec]N, 118[deg]-07[min]-42[sec] W; and 
Platform Elly,33[deg]-35[min]-00[sec] N,118[deg]-07[min]-40[sec] W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except the following: (1) An attending vessel

[[Page 177]]

servingeither structure, (2) a vessel under 100 feet in length overall 
notengaged in towing, or (3) a vessel authorized by the 
Commander,Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48FR 33263, July 21, 1983]



Sec. 147.1105  Platform HONDO safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-23[min]-27[sec] N,120[deg]-07[min]-14[sec] W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except for the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing, or (3)a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48FR 33263, July 21, 1983]



Sec. 147.1106  Exxon Santa Ynez offshore storage and treatment vessel mooringsafety zone.

    (a) Description: The area within a line 1108 meters for thecenter of 
the mooring. The position of the center of the mooring is34[deg]-
24[min]-19[sec] N120[deg]-06[min]00[sec] W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing, or (3)a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48FR 33263, July 21, 1983]



Sec. 147.1107  Platform GILDA safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-10[min]-56[sec] N.119[deg]-25[min]-07[sec] W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except for the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing, or (3)a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48FR 33263, July 21, 1983]



Sec. 147.1108  Platform EDITH safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 33[deg]-35[min]-45[sec] N.118[deg]-08[min]-27[sec] W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except for the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing, or (3)a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48FR 33263, July 21, 1983]



Sec. 147.1109  Platform HERMOSA safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34-27-19 N, 120-38-47 W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing or (3) avessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33015, Aug. 20, 1984]



Sec. 147.1110  Platform HARVEST safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34-28-09.5 N, 120-40-46.1 W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except for the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing or (3) avessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]



Sec. 147.1111  Platform EUREKA safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 33-33-50 N, 118-07-00 W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except

[[Page 178]]

the following: (1) An attending vessel, (2) avessel under 100 feet in 
length overall not engaged in towing or (3) avessel authorized by the 
Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]



Sec. 147.1112  Platform HIDALGO safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34-29-42 N, 120-42-08 W.
    (b) Regulations: No vessel may enter or remain in thissafety zone 
except the following: (1) An attending vessel, (2) avessel under 100 
feet in length overall not engaged in towing or (3) avessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]



Sec. 147.1113  Platform GAIL safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-07[min]-30[sec] N,119[deg]-24[min]-01[sec] W.
    (b) Regulation: No vessel may enter or remain in this safetyzone 
except the following: (1) An attending vessel, (2) a vessel under100 
feet in length overall not engaged in towing, or (3) a vesselauthorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-87-06, 52 FR 9657, Mar. 26, 1987]



Sec. 147.1114  Platform HARMONY safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-22[min]-36[sec] N,120[deg]-10[min]-03[sec] W.
    (b) Regulation: No vessel may enter or remain in this safetyzone 
except the following: (1) an attending vessel; (2) a vessel under100 
feet in length overall not engaged in towing; or (3) a vesselauthorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-01, 57 FR 9055, Mar. 16, 1992]



Sec. 147.1115  Platform HERITAGE safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-21[min]-01[sec] N,120[deg]-16[min]-45[sec] W.
    (b) Regulation: No vessel may enter or remain in this safetyzone 
except the following: (1) An attending vessel; (2) a vessel under100 
feet in length overall not engaged in towing; or (3) a vesselauthorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-01, 57 FR 9055, Mar. 16, 1992]



Sec. 147.1116  Platform IRENE safety zone.

    (a) Description: The area within a line 500 meters from eachpoint on 
the structure's outer edge. The position of the center of thestructure 
is 34[deg]-36[min]-37.5[sec] N,120[deg]-43[min]-46[sec] W.
    (b) Regulation: No vessel may enter or remain in this safetyzone 
except the following: (1) An attending vessel; (2) a vessel under100 
feet in length overall not engaged in towing; or (3) a vesselauthorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-02, 57 FR 9054, Mar. 16, 1992]

[[Page 179]]

                                  INDEX

               SUBCHAPTER N_OUTER CONTINENTAL SHELF ACTIVITIES

  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.

  Note: Citations in this index are, for the most part,references to 
general subject matter only. The applicability of areference to any 
given type of application (e.g., MODU, Platform,Manned, Unmanned, U.S., 
Foreign, etc.) should always be checkedagainst the description of 
``applicability'' precedingmost parts or subparts in the regulations.

                                                                 Section

                                 A

Alarm systems....................................................146.105
Annual inspection, facilities....................................140.103
Appeals...........................................................140.25
Approved equipment................................................140.15
Arrival of MODU, notice of.......................................146.202

                                 C

Casualties:
Criteria for reporting...................................146.30, 146.303
Diving............................................................146.40
Pollution.........................................................146.45
Reports required.................................146.30, 146.35, 146.303
Catwalk, rails required.......................................143.110(c)
Citizenship of personnel...........141.5, 141.15, 141.20, 141.25, 141.30
Civil penalties...................................................140.40
Collision damages.................................................146.30
Communications equipment (manned platforms)............144.01-40, 146.15
Complaints, investigation of..................................140.201(e)
Construction, exemptions during....................................140.5
Criminal penalties................................................140.35

                                 D

Death:
Investigation of..............................................140.201(a)
Reporting of.....................................146.30, 146.35, 146.303
Deficiencies.....................................................140.105
Definitions...............................................140.10, 141.10
Design and equipment:
Exemptions, existing MODUs.......................................143.201
Foreign design standards......................................143.207(b)
Foreign flag MODUs...............................................143.207
General.....................................................See Part 143
Letter of Compliance.............................................143.210
U.S. flag MODUs..................................................143.205
Undocumented MODUs...............................................143.205
Diving casualties.................................................146.40

[[Page 180]]

Drilling, inspection prior to.................................140.105(d)
Drills, emergency................................................146.125
Duties during emergency:
General..........................................................146.115
Station bill.....................................................146.130

                                 E

Emergency drills:
During inspections............................................140.101(c)
Duties during....................................................146.115
Manned facilities................................................146.125
Station bill.....................................................146.130
Emergency equipment:
Maintenance of....................................................146.15
On manned platforms............................................144.01-40
Emergency Evacuation Plan...............................146.140, 146.210
Emergency signals.......................................146.110, 146.130
Employment restrictions............................141.5, 141.15, 141.20
Equipment tests...............................................140.101(c)
Equivalent equipment..............................................140.15
Evidence of citizenship...........................................141.25
Existing MODUs, design exemptions................................143.201
Exposure suits:
Foreign MODUs.........................................See subpart 144.30
U.S. and undocumented MODUs...........................See subpart 144.20

                                 F

Failure to comply.................................................140.35
Fire, investigation of........................................140.201(c)
Fire extinguishers (portable and semi-portable):
Classification of.................................................145.05
Locations and number required.....................................145.10
On platforms......................................................145.01
Fire fighting equipment:
Defective.....................................................140.103(c)
General.....................................................See Part 145
Reporting damage to...............................................146.30
First aid kits (manned platforms)..............................144.01-30
Floating OCS facilities:
Certificate of Inspection.....................................143.120(c)
Design and equipment requirements.............................143.120(b)
General..........................................................143.120
Plan approval.................................................143.120(a)
Foreign Units:
Foreign MODUs, design and equipment..............................143.207
Inspection of....................................................140.101
Letter of Compliance (MODUs).....................................143.210
Lifesaving equipment (exposure suits).................See subpart 144.30
Load line certificates........................................143.301(b)
Load lines....................................................143.301(a)
MODU design exemption............................................143.201
MODU operating standards.........................................146.205
Ownership of.........................................141.5(b)(3), 141.10

                                 G

General alarm system:

[[Page 181]]

Emergency signals................................................146.110
General..........................................................146.105
Marking of.......................................................146.135
Guards and rails.................................................143.110

                                 H

Hazards..........................................................140.103
Helicopter landing deck:
Protection required...........................................143.110(b)

                                 I

Immersion suits--See Exposure suits
IMO MODU Code.....................................143.207(c), 146.205(c)
Injury:
Investigation of..............................................140.201(b)
Reporting of.....................................146.30, 146.35, 146.303
Inspections:
Annual inspection of fixed OCS facilities........................140.103
Deficiencies found during........................................140.105
Foreign units.................................................140.101(e)
General..........................................................140.101
Prior to drilling or production...............................140.105(d)
Unannounced inspections.......................................140.101(c)
Work vests.....................................................146.20(d)
Investigations:
Death.........................................................140.201(a)
General..........................................................140.201
Injury........................................................140.201(b)
Procedures governing.............................................140.203
Subpoena power...................................................140.205
Workplace safety...................................................142.7

                                 L

Landing, personnel...............................................143.105
Letter of Compliance (foreign and undocumented MODUs)............143.210
Life floats (manned platforms):
Alternatives to................................................144.01-15
Equipment for..................................................144.01-10
General.........................................................144.01-1
Location and launching of.......................................144.01-5
Manning of.......................................................146.120
Marking of.......................................................146.135
Life preservers:
Lights and batteries..............................................146.15
Marking of.......................................................146.135
On manned platforms............................................144.01-20
On unmanned platforms...........................................144.10-1
Life rafts:
Manning of.......................................................146.120
Marking of.......................................................146.135
On manned platforms............................................144.01-15
Life rings--See Ring life buoys
Lifeboats:
Manning of.......................................................146.120
Marking of.......................................................146.135

[[Page 182]]

On manned platforms................................144.01-15 (a) and (b)
Lifesaving equipment:
Defective........................................................140.105
Foreign MODUs (exposure suits)........................See subpart 144.30
General.....................................................See Part 144
Manned platforms......................................See subpart 144.01
Reporting damage to.......................................146.30, 146.35
Undocumented MODUs (exposure suits)...................See subpart 144.20
Unmanned platforms....................................See subpart 144.10
U.S. flag MODUs (exposure suits)......................See subpart 144.20
Lights and warning devices........................................143.15
Litter (lifesaving type).......................................144.01-35
Load lines required..............................................143.301

                                 M

Maintenance of emergency equipment................................146.15
Manned platforms:
Lifesaving equipment required.........................See subpart 144.01
Manning of survival craft........................................146.120
Markings for emergency equipment.................................146.135
Means of escape..................................................143.101
Mobile Offshore Drilling Units:
Certificate of Inspection........................................143.210
Design and equipment requirements, U.S. flag.....................143.205
``Existing units'' exempt from designrequirements................143.201
Exposure suits, foreign flag..........................See subpart 144.30
Exposure suits, (U.S. and undocumented)...............See subpart 144.20
Foreign flag MODUs.............................143.201, 143.207, 146.205
General....................See part 143 subpart C and part 146 subpart C
Letter of Compliance.............................................143.210
Notice of arrival or relocation..................................146.202
Operating requirements (U.S. and undocumented)...................146.203
Rebuilding existing units........................................143.201
Undocumented MODUs...............................................143.205
Monthly emergency drills (manned facilities except MODUs)........146.125

                                 N

Notice:
Of arrival of MODU...............................................146.202
Of casualty or accident on facilities.....................146.30, 146.35
Of casualty or accident on vessels...............................146.303
Of new facilities.................................................146.10
Of relocation of MODU............................................146.202

                                 O

Oil spills:
Investigation of..............................................140.201(d)
Liability and compensation........................................146.45
Reporting of......................................................146.45
Operations:
Facilities........................................See part 146 subpart A
Foreign MODUs....................................................146.205
General.....................................................See Part 146
Manned facilities.................................See part 146 subpart B
U.S. and undocumented MODUs......................................146.203

[[Page 183]]

                                 P

Paddles (for life floats):
General.....................................................144.01-10(c)
Marking of.......................................................146.135
Painter (for life floats)...................................144.01-10(a)
Penalties.................................................140.35, 140.40
Person in charge:
Casualties, notification of.......................................146.30
Casualties, written reports of....................................146.35
Casualties involving vessels.....................................146.303
Consultation with marine inspector............................140.101(c)
Custody of First Aid Kit.......................................144.01-30
Definition of.....................................................140.10
Designation of..................................................146.5(a)
Diving casualties, reporting of...................................146.40
Emergency actions...............................................146.5(b)
Emergency drills, conduct of.....................................146.125
Emergency drills, written report of...........................146.125(d)
Emergency duties, assignment of...............................146.115(a)
Emergency signals, establishment of...........................146.110(a)
Instructing personnel.........................................146.125(b)
Pollution incidents, notification of..............................146.45
Station bill, preparation of.....................................146.130
Survival craft launch supervisors, assignment of.................146.120
Work vests, supervision of.....................................146.20(b)
Personal flotation device (PFD)--See Life preservers
Personnel:
Citizenship requirements...................................141.5, 141.15
Duties during emergency..........................................146.115
Evidence of citizenship...........................................141.25
Exemption from citizenship, requests for..........................141.20
General.....................................................See Part 141
Records to be maintained on.......................................141.35
Resident aliens...................................141.15, 141.20, 141.30
Station bill.....................................................146.130
Personnel landings...............................................143.105
Pollution incidents...............................................146.45
Portable fire extinguishers.......................................145.01
Production, inspection prior to...............................140.105(d)

                                 R

Radio, on manned platform......................................144.01-40
Rails............................................................143.110
Rebuilding ``existing'' MODUs....................................143.201
``Recognized hazards''.............................................142.1
Records required, employee files..................................141.35
Relocation of MODU, notice of....................................146.202
Reports:
By vessels.......................................................146.303
Collisions................................................146.30, 146.35
Diving casualties.................................................146.40
Emergency drills..............................................146.125(d)
Notice of casualty or accident...................146.30, 146.35, 146.303
Pollution incidents...............................................146.45
Unsafe working conditions..........................................142.7
Written report of casualty...............................146.35, 146.303

[[Page 184]]

Resident aliens...................................141.15, 141.20, 141.30
Ring life buoys:
Marking of.......................................................146.135
On manned platforms............................................144.01-25
On unmanned platforms...........................................144.10-1

                                 S

Safety zones:
Authority to establish.............................................147.5
Establishment of..................................................147.10
Extent of.........................................................147.15
General.....................................................See Part 147
Purpose of.........................................................147.1
Sanctions--See Civil Penalties
Semi-portable fire extinguishers..................................145.01
Signals, emergency......................................146.110, 146.130
SOLAS.........................................................140.101(e)
Stairways, rails required.....................................143.110(c)
Standby vessels...................................See part 143 subpart E
Station bill.....................................................146.130
Subpoena power...................................................140.205
Survival craft:
Manning of.......................................................146.120
Marking of.......................................................146.135
Survival suits--See Exposure suits
                                 U

Undocumented MODUs:
Exposure suits........................................See subpart 144.20
General..........................................................143.205
Letter of Compliance.............................................143.210
Operating requirements...........................................146.203
Unmanned platforms (lifesaving equipment).............See subpart 144.10
Unsafe working conditions:
Investigation of..............................................140.201(e)
Reports of.........................................................142.7

                                 V

Vessels:
General..........................................................143.300
Inspection of...........................................140.101, 140.103
Load line Certificates........................................143.301(b)
Load lines....................................................143.301(a)
Notice of casualty or accident...................................146.303

                                 W

Waterlights:
On exposure suits..................................144.20-5 and 144.30-5
On life floats (manned platforms)...........................144.01-10(b)
On life preservers (manned platforms).............144.01-20(c),146.15(c)
On ring life buoys (manned platforms).......................144.01-25(b)
On ring life buoys (unmanned platforms)...................144.10-1(a)(3)
Work vests:
Approved type..................................................146.20(a)
General...........................................................146.20
Inspection of..................................................146.20(d)

[[Page 185]]

Stowage of.....................................................146.20(c)
Use of.........................................................146.20(b)
Workplace safety:
General.....................................................See Part 142
Investigations..................................................142.7(b)
Reports of unsafe working conditions...............................142.7

[[Page 186]]



                      SUBCHAPTER NN_DEEPWATER PORTS





PART 148_DEEPWATER PORTS: GENERAL--Table of Contents




                            Subpart A_General

Sec.
148.1 What is the purpose of this subchapter?
148.2 Who is responsible for implementing this subchapter?
148.3 What Federal agencies are responsible for implementingthe 
          Deepwater Port Act?
148.5 How are terms used in this subchapter defined?
148.8 How are certifying entities designated and used forpurposes of 
          this subchapter?

                   Subpart B_Application for a License

148.100 What is the purpose of this subpart?
148.105 What must I include in my application?
148.107 What additional information may be required?
148.108 What if a Federal or State agency or otherinterested party 
          requests additional information?
148.110 How do I prepare my application?
148.115 How many copies of the application must I send andwhere must I 
          send them?
148.125 What are the application fees?

                    Subpart C_Processing Applications

                                 General

148.200 What is the purpose of this subpart?
148.205 How are documents related to the applicationmaintained?
148.207 How and where may I view docketed documents?
148.209 How is the application processed?
148.211 What must I do if I need to change my application?
148.213 How do I withdraw my application?
148.215 What if a port has plans for a deep draft channeland harbor?
148.217 How can a State be designated as an adjacent coastalState?
148.221 How do I claim, or object to a claim, that requiredinformation 
          is privileged?

                       Public Hearings or Meetings

148.222 When must public hearings or meetings be held?
148.227 How is a public hearing or meeting reported?

                             Formal Hearings

148.228 What if a formal evidentiary hearing is necessary?
148.230 How is notice of a formal hearing given?
148.232 What are the rules for a formal hearing?
148.234 What are the limits of an Administrative Law Judge(ALJ)'s 
          jurisdiction?
148.236 What authority does an Administrative Law Judge(ALJ) have?
148.238 Who are the parties to a formal hearing?
148.240 How does a State or a person intervene in a formalhearing?
148.242 How does a person who is not a party to a formalhearing present 
          evidence at the hearing?
148.244 Who must represent the parties at a formal hearing?
148.246 When is a document considered filed and where shouldI file it?
148.248 What happens when a document does not contain allnecessary 
          information?
148.250 Who must be served before a document is filed?
148.252 What is the procedure for serving a subpoena?
148.254 How is a hearing transcript prepared?
148.256 What happens at the conclusion of a formal hearing?

                  Approval or Denial of the Application

148.276 When must the application be approved or denied?
148.277 How may Federal agencies and States participate inthe 
          application process?
148.279 What are the criteria for approval or denial of anapplication?
148.281 What happens when more than one application issubmitted for a 
          deepwater port in the same application area?
148.283 When is the application process stopped before theapplication is 
          approved or denied?

                           Subpart D_Licenses

148.300 What does this subpart concern?
148.305 What is included in a deepwater port license?
148.307 Who may consult with the Commandant (G-P) andthe MARAD 
          Administrator on developing the proposed conditions of 
          alicense?
148.310 How long does a license last?
148.315 How is a license amended, transferred, orreinstated?
148.320 How is a license enforced, suspended, or revoked?
148.325 How soon after port decommissioning must thelicensee initiate 
          removal?

[[Page 187]]

         Subpart E_Site Evaluation and Pre-Construction Testing

148.400 What does this subpart do?
148.405 What are the procedures for notifying the Commandant(G-P) of 
          proposed site evaluation and pre-construction testing?
148.410 What are the conditions for conducting siteevaluation and pre-
          construction testing?
148.415 When conducting site evaluation and pre-constructiontesting, 
          what must be reported?
148.420 When may the Commandant (G-P) suspend orprohibit site evaluation 
          or pre-construction testing?

     Subpart F_Exemption From or Adjustments to Requirements inThis 
                               Subchapter

148.500 What does this subpart do?
148.505 How do I apply for an exemption?
148.510 What happens when a petition for exemption involvesthe interests 
          of an adjacent coastal State?
148.515 When is an exemption allowed?
148.600 What is the limit of financial liability?
148.605 How is the limit of liability determined?

       Subpart G_Environmental Review Criteria for Deepwater Ports

148.700 How does the Deepwater Port Act interact with otherFederal and 
          State laws?
148.702 How were the environmental review criteriadeveloped?
148.705 What is determined by the environmental evaluation?
148.707 What type of criteria will be used in anenvironmental review, 
          and how will they be applied?
148.708 Must the applicant's proposal reflect potentialregulations?
148.709 How are these criteria reviewed and revised?
148.710 What environmental conditions must be satisfied?
148.715 How is an environmental review conducted?
148.720 What are the siting criteria?
148.722 Should the construction plan incorporate bestavailable 
          technology and recommended industry practices?
148.725 What are the design, construction and operationalcriteria?
148.730 What are the land use and coastal zone managementcriteria?
148.735 What are other critical criteria that must beevaluated?
148.737 What environmental statutes must an applicantfollow?

    Authority: 33 U.S.C. 1504; Department of HomelandSecurity Delegation 
No. 0170.1 (75).

    Source: 71 FR 57651, Sept. 29, 2006, unless otherwisenoted.



                            Subpart A_General



Sec. 148.1  What is the purpose of this subchapter?

    This subchapter prescribes regulations for the 
licensing,construction, design, equipment, and operation of deepwater 
portsunder the Deepwater Port Act of 1974, as amended (33 U.S.C.1501-
1524) (the Act).



Sec. 148.2  Who is responsible for implementing this subchapter?

    Unless otherwise specified, the owner of a deepwater port mustensure 
that the requirements of this subchapter are carried out atthat port.



Sec. 148.3  What Federal agencies are responsible for implementing theDeepwater Port Act?

    (a) Under delegations from the Secretary of Homeland Security andthe 
Secretary of Transportation, the Coast Guard and the 
MaritimeAdministration (MARAD) coordinate with each other in 
processingapplications for the issuance, transfer, or amendment of a 
license forthe construction and operation of a deepwater port.
    (b) MARAD is responsible for issuing the Record of Decision 
toannounce whether a license application is approved, approved 
withconditions, or denied, and for issuing, revoking, and 
reinstatingdeepwater port licenses. MARAD also has authority over the 
approval offees charged by adjacent coastal States, and certain matters 
relatingto international policy, civil actions, and suspension or 
terminationof licenses.
    (c) The Secretary of Transportation has delegated authority 
overpipeline matters to the Pipeline Hazardous Materials and 
SafetyAdministration.
    (d) The Environmental Protection Agency (EPA), U.S. Army Corps 
ofEngineers, Minerals Management Service (MMS) in the Department 
ofInterior, and other Federal agencies are designated as 
cooperatingagencies and support the Coast Guard and MARAD

[[Page 188]]

in the review andevaluation of deepwater port license applications. You 
can view theinteragency memorandum of understanding (MOU) outlining the 
relativeroles and responsibilities of these and other Federal agencies 
at:http://www.uscg.mil/hq/G-P/mso/docs/

dwp--white--house--task--force--

energy--streamlining.pdf.



Sec. 148.5  How are terms used in this subchapter defined?

    As used in this subchapter:
    Act means the Deepwater Port Act of 1974, 33 U.S.C. 1501 etseq., as 
amended.
    Adjacent coastal State means any coastal State which:
    (1) Would be directly connected by pipeline to a deepwater port,as 
proposed in an application;
    (2) Would be located within 15 miles of any such proposeddeepwater 
port; or
    (3) Is designated as an adjacent coastal State by theAdministrator 
of the Maritime Administration under 33 U.S.C. 1508(a)(2).
    Affiliate means a person:
    (1) That has a direct or indirect ownership interest of more than3 
percent in an applicant;
    (2) That offers to finance, manage, construct, or operate 
theapplicant's deepwater port to any significant degree;
    (3) That owns or controls an applicant or an entity underparagraphs 
(1) or (2) of this definition; or
    (4) That is owned or controlled by, or under common ownershipwith, 
an applicant or an entity under paragraphs (1), (2), or (3) ofthis 
definition.
    Applicant means a person that is the owner of a proposeddeepwater 
port and is applying for a license under this part for thatport.
    Application means an application submitted under this partfor a 
license to own, construct, and operate a deepwater port.
    Approval series means the first six digits of a numberassigned by 
the Coast Guard to approved equipment. Where approval isbased on a 
subpart of 46 CFR chapter I, subchapter Q, the approvalseries 
corresponds to the number of the subpart. A list of approvedequipment, 
including all of the approval series, is available at:http://
cgmix.uscg.mil/Equipment.
    Approved means approved by the Commandant (G-P).
    Area to be avoided or ATBA means a routing measurecomprising an area 
within defined limits in which either navigation isparticularly 
hazardous or it is exceptionally important to avoidcasualties and should 
be avoided by all ships or certain classes ofvessels. An ATBA may be 
either recommended(``recommendatory'') or mandatory. An ATBA 
isrecommendatory when ships are advised to navigate with caution inlight 
of specially hazardous conditions. An ATBA is mandatory whennavigation 
is prohibited or subject to a competent authority'sconditions. ATBAs for 
deepwater ports are recommendatory.
    Barrel means 42 U.S. gallons (approximately 159 liters) 
atatmospheric pressure and 60 [deg]F (approximately 15.56 [deg]C).
    Captain of the Port or COTP means a Coast Guardofficer who commands 
a Captain of the Port zone described in part 3 ofthis chapter and who is 
immediately responsible for enforcing portsafety and security and marine 
environmental protection regulationswithin that area.
    Certified industrial hygienist means an industrial hygienistwho is 
certified by the American Board of Industrial Hygiene.
    Certified marine chemist means a marine chemist who iscertified by 
the National Fire Protection Association.
    Certifying entity or CE means any individual ororganization, other 
than the operator, permitted by the Commandant(G-PSO) to act on behalf 
of the Coast Guard pursuant to section148.8 of this subpart. The 
activities may include reviewing plans andcalculations for construction 
of deepwater ports, conductinginspections, witnessing tests, and 
certifying systems and/orcomponents associated with deepwater ports as 
safe and suitable fortheir intended purpose.
    Citizen of the United States means:
    (1) Any person who is a United States citizen by law, birth, 
ornaturalization;
    (2) Any State, State agency, or group of States; or
    (3) Any corporation, partnership, or other association:

[[Page 189]]

    (i) That is organized under the laws of any State;
    (ii) Whose president, chairman of the board of directors, andgeneral 
partners or their equivalents, are persons described inparagraph (1) of 
this definition; and
    (iii) That has no more of its directors who are not personsdescribed 
in paragraph (1) of this definition than constitute aminority of the 
number required for a quorum to conduct the businessof the board of 
directors.
    Coastal environment means the coastal waters including thelands in 
and under those waters, internal waters, and the adjacentshorelines 
including waters in and under those shorelines. The termincludes, but is 
not limited to:
    (1) Transitional and intertidal areas, bays, lagoons, saltmarshes, 
estuaries, and beaches;
    (2) Fish, wildlife, and other living resources of those waters 
andlands; and
    (3) The recreational and scenic values of those lands, waters, 
andresources.
    Coastal State means a State of the United States in orbordering the 
Atlantic, Pacific, or Arctic Oceans or the Gulf ofMexico.
    Commandant (G-P) means the Assistant Commandant forPrevention, or 
that individual's authorized representative, atCommandant (G-P), U.S. 
Coast Guard, 2100 Second Street, SW.,Washington, DC 20593-0001.
    Confined space means a space that may contain a dangerousatmosphere, 
including a space that:
    (1) Has poor natural ventilation, such as a space with 
limitedopenings, for example a cofferdam or double bottom tank; or
    (2) Is not designed for continuous occupancy by personnel.
    Construction means supervising, inspecting, actual building,and all 
other activities incidental to the building, repairing, orexpanding of a 
deepwater port or any of its components. The termincludes, but is not 
limited to, fabrication, laying of pipe, piledriving, bulk heading, 
alterations, modifications, and additions tothe deepwater port.
    Control means the direct or indirect power to determine thepolicy, 
business practices, or decisionmaking process of anotherperson, whether 
by stock or other ownership interest, byrepresentation on a board of 
directors or similar body, by contract orother agreement with 
stockholders or others, or otherwise.
    Crude oil means a mixture of hydrocarbons that exists in theliquid 
phase in natural underground reservoirs, and remains liquid 
atatmospheric pressure after passing through surface 
separatingfacilities, and includes:
    (1) Liquids technically defined as crude oil;
    (2) Small amounts of hydrocarbons that exist in the gaseous phasein 
natural underground reservoirs but are liquid at atmosphericpressure 
after being recovered from oil well (casing head) gas inlease 
separators; and
    (3) Small amounts of non-hydrocarbons produced with the oil.
    Dangerous atmosphere means an atmosphere that:
    (1) May expose personnel to the risk of death, 
incapacitation,injury, or acute illness; or
    (2) May impair ability to escape from the atmosphere unaided.
    Deepwater port:
    (1) Means any fixed or floating manmade structures other than 
avessel, or any group of structures, located beyond State 
seawardboundaries that are used or are intended for use as a port or 
terminalfor the transportation, storage, or further handling of oil or 
naturalgas for transportation to any State, except as otherwise provided 
inthe Deepwater Port Act of 1974, as amended, and for other uses 
notinconsistent with the purposes of the Deepwater Ports Act, 
includingtransportation of oil or natural gas from the United States' 
OCS;
    (2) Includes all components and equipment, including 
pipelines,pumping stations, service platforms, buoys, mooring lines, and 
similarfacilities, to the extent that they are located seaward of the 
highwater mark;
    (3) Includes, in the case of natural gas, all components 
andequipment, including pipelines, pumping or compressor 
stations,service platforms, buoys, mooring lines, and similar facilities 
whichare proposed and/or approved for construction and operation as part 
ofthe deepwater port, to the

[[Page 190]]

extent that they are located seawardof the high water mark and do not 
include interconnecting facilities;and
    (4) Shall be considered a ``new source'' for purposesof the Clean 
Air Act, 42 U.S.C. 7401 et seq., as amended, andthe Federal Water 
Pollution Control Act, 33 U.S.C. 1251 et seq.,as amended.
    District commander means an officer who commands a CoastGuard 
district described in part 3 of this chapter, or thatindividual's 
authorized representative.
    Emergency medical technician means a person trained andcertified to 
appraise and initiate the administration of emergencycare for victims of 
trauma or acute illness before or duringtransportation of the victims to 
a health care facility via ambulance,aircraft or vessel.
    Engineering hydrographic survey means a detailed geologicalanalysis 
of seabed soil samples performed to determine the physicalcomposition, 
for example the mineral content, and structural integrityfor the 
installation of offshore components and structures.
    Governor means the governor of a State or the persondesignated by 
State law to exercise the powers granted to the governorunder the Act.
    Gross under keel clearance means the distance between thekeel of a 
tanker and the ocean bottom when the tanker is moored oranchored in calm 
water free of wind, current, or tide conditions thatwould cause the 
tanker to move.
    Hose string means the part of a single point mooringconnection for 
oil or natural gas transfer made out of flexible hoseof the floating or 
float/sink type that connects the tanker's manifoldto the single point 
mooring.
    Hot work means work that produces heat or fire, such asriveting, 
welding, burning, or other fire-or spark-producingoperations.
    Lease block means an area established either by theSecretary of the 
Interior under section 5 of the OCS Lands Act, 43U.S.C. 1334, or by a 
State under section 3 of the Submerged Lands Act,43 U.S.C. 1311.
    License means a license issued under this part to own,construct, and 
operate a deepwater port.
    Licensee means a citizen of the United States holding avalid license 
for the ownership, construction, and operation of adeepwater port that 
was issued, transferred, or renewed under thissubchapter.
    Marine environment includes:
    (1) The coastal environment, waters of the contiguous zone, 
theExclusive Economic Zone, and the high seas;
    (2) Fish, wildlife, and other living resources of those waters;and
    (3) The recreational and scenic values of those waters andresources.
    Marine site means the area in which the deepwater port islocated, 
including the safety zone and all areas seaward of the highwater mark in 
which associated components and equipment of thedeepwater port are 
located.
    Maritime Administration or MARAD means theAdministrator of the 
Maritime Administration or that person'sdesignees, and includes the 
Associate Administrator, Port, Intermodaland Environmental Activities, 
Maritime Administration, or thatindividual's authorized representative, 
at 400 Seventh Street, SW.,Washington, DC 20590, telephone 202-366-4721.
    Metering platform means a manned or unmanned platformconsisting of 
either a fixed or floating structure that serves as aninterchange site 
for measuring the rate of transfer of natural gasfrom vessel to 
pipeline.
    Natural gas means either natural gas, unmixed, or anymixture of 
natural or artificial gas, including compressed orliquefied natural gas.
    Natural gas liquids means liquid hydrocarbons associatedwith or 
extracted from natural gas, for example ethane, propane andbutane 
extracted from natural gas.
    Net under keel clearance means the distance between the keelof a 
tanker and the ocean bottom when the tanker is underway,anchored, or 
moored, and subject to actual wind, waves, current, andtide motion.
    No anchoring area or NAA means a routing measure comprisingan area 
within defined limits where anchoring is hazardous or couldresult in 
unacceptable damage to the marine environment. Anchoring ina no 
anchoring area should be avoided by all vessels or certainclasses of 
vessels, except in

[[Page 191]]

case of immediate danger to thevessel or the person on board.
    Officer in Charge of Marine Inspection or OCMI meansan individual 
who commands a marine inspection zone described in part3 of this 
chapter, and who is immediately responsible for theperformance of duties 
with respect to inspections, enforcement, andadministration of 
regulations governing a deepwater port.
    Offshore competent person means an individual trained anddesignated 
by his or her employer in matters relating to confinedspace pre-entry 
testing and certification at a deepwater port, priorto entry. An 
offshore competent person should demonstrate proficiencyin the following 
criteria:
    (1) Hazard description and recognition;
    (2) Hazard evaluation and measurement;
    (3) Hazard prevention;
    (4) Control and elimination; and
    (5) Practical application simulation.
    Oil means petroleum, crude oil, and any substance refinedfrom 
petroleum or crude oil.
    Operator means the person who is licensed under 33 U.S.C.1503 to 
own, construct, and operate a deepwater port, or that person'sdesignee.
    Person means an individual, a public or private corporation,a 
partnership or other association, or a government entity.
    Person in Charge (PIC) means an individual designated as aperson in 
charge of transfer operations under Sec. 154.710for oil facilities or 
Sec. 127.301 for liquefied natural gas(LNG) facilities. Within this 
subchapter, other references to personin charge, without the use of the 
acronym PIC, will mean a person incharge of an operation other than 
transfer operations.
    Personnel means individuals who are employed by licensees,operators, 
contractors, or subcontractors, and who are on a deepwaterport because 
of their employment.
    Pipeline end manifold means the pipeline end manifold at asingle 
point mooring.
    Platform means a fixed for floating structure that rests onor is 
embedded in the seabed or moored in place and that has floors ordecks 
where an activity or specific function may be carried out.
    Pumping platform complex means a platform or a series 
ofinterconnected platforms, exclusive of a deepwater port, consisting 
ofone or more single point moorings or submerged turret loading 
buoysthat can pump oil or natural gas and that has one or more of 
thefollowing features or capabilities:
    (1) Can handle the mooring and loading of small vessels;
    (2) Has berthing and messing facilities; and
    (3) Has a landing area for helicopters.
    Reconnaissance hydrographic survey means a scientific studyof fresh 
and saltwater bodies, currents and water content, culturalresources, 
seabed soils and subsea conditions, for example existingpipelines or 
subsea wells. A visual representation of the surveyfindings is normally 
depicted on a chart of the examined area.
    Routing systems means any system of one or more vesselroutes or 
routing measures aimed at reducing the risk of casualties.It includes 
traffic separation schemes, two-way routes, recommendedtracks, areas to 
be avoided, no anchoring areas, inshore trafficzones, roundabouts, 
precautionary areas and deepwater routes.
    Safety zone means a safety zone established around adeepwater port 
under part 150, subpart J, of this chapter. The safetyzone may extend to 
a maximum distance of 500 meters (approximately1,640 feet) around the 
facility, measured from each point on its outeredge or from its 
construction site, except as authorized by generallyaccepted 
international standards or as recommended by theInternational Maritime 
Organization. However, the zone may notinterfere with the use of 
recognized sea lanes.
    Single point mooring or SPM means an offshore berththat links an 
undersea pipeline to a moored tanker and allows for thetransfer of oil 
or natural gas between the tanker and the pipeline.
    Single point mooring oil transfer system orSPM-OTS means the part of 
the oil transfer system fromthe pipeline end manifold to the end of the 
hose string that connectsto the tanker's manifold.
    Single (or multiple) point mooring natural gas transfersystem or 
SPM-NGTS

[[Page 192]]

(or MPM-NGTS) means thepart of the natural gas transfer system from the 
pipeline end manifoldto the end of the hose string that connects to the 
tanker's manifold.
    State includes each State of the United States, the Districtof 
Columbia, the Commonwealth of Puerto Rico, and the territories 
andpossessions of the United States.
    Support vessel means a vessel working for a licensee at adeepwater 
port or cleared by a licensee to service a tanker calling ata deepwater 
port, and includes a:
    (1) Tug;
    (2) Line-handling boat;
    (3) Crew boat;
    (4) Supply vessel;
    (5) Bunkering vessel;
    (6) Barge; or
    (7) Other similar vessel.
    Survival craft means a craft described inSec. 149.303 of this 
subchapter.
    Tanker means a vessel that calls at a deepwater port tounload oil or 
natural gas.
    Vessel means every description of watercraft, including non-
displacement craft e.g., wing-in-ground (WIG) craft, seaplanes)capable 
of being used, as a means of transportation on or through thewater.



Sec. 148.8  How are certifying entities designated and used for purposes ofthis subchapter?

    (a) Applicants and licensees may nominate a certifying entity 
(CE)for the performance of tasks for which the Coast Guard is 
responsibleunder this subchapter.
    (b) Nominations may be made at any time after the 
MaritimeAdministration issues a record of decision approving the 
application,and must include the following information for each nominee:
    (1) The specific functions or tasks to be performed by thenominee;
    (2) Name and address;
    (3) Size and type of organization or corporation;
    (4) Previous experience as a CE, certified verification agent, 
orsimilar third-party representative;
    (5) Experience in design, fabrication, or installation of 
fixedoffshore oil and gas platforms, similar fixed, floating, or 
gravity-based structures and project-related structures, systems, 
andequipment;
    (6) Technical capabilities, including professional certificationsand 
organizational memberships of the nominee or the primary staff tobe 
associated with its duties for the specific project;
    (7) In-house availability of, or access to, appropriate 
technologysuch as computer modeling programs and hardware or testing 
materialsand equipment;
    (8) Ability to perform and effectively manage the duties for whichit 
is nominated considering current resource availability;
    (9) Previous experience with regulatory requirements andprocedures;
    (10) A statement signed by the nominee's chief officer or 
thatperson's designee that the nominee:
    (i) Is not owned or controlled by the designer, manufacturer, 
orsupplier of any equipment, material, system, or subsystem that wouldbe 
the subject of the nominee's duties, or by any manufacturer ofsimilar 
equipment or material; and that
    (ii) The nominee will allow access to an official representativeof 
the Coast Guard, upon request, to facilities or records that relateto 
its duties; and
    (11) A list of documents and certifications to be furnished to 
theCoast Guard by the nominee.
    (c) The Commandant (G-P) may accept or reject thenomination of a CE 
and will provide guidance and oversight to each CE.The Commandant (G-P) 
may terminate the acceptance of a CE atany time.



                   Subpart B_Application for a License



Sec. 148.100  What is the purpose of this subpart?

    This subpart describes how to apply for a license to own,construct, 
and operate a deepwater port.



Sec. 148.105  What must I include in my application?

    Your application must include the information required by 
thissection.
    (a) General. For each applicant, affiliate, and consultant:

[[Page 193]]

    (1) The name, address, telephone number, citizenship, andprincipal 
business activity of the applicant and its affiliates;
    (2) The name, address, and principal business activity of 
eachsubsidiary, division of the applicant, or its affiliates 
thatparticipated in the decision to apply for a license to build 
adeepwater port;
    (3) A description of how each affiliate is associated with 
theapplicant, and of the ownership interest each affiliate has in 
theapplicant;
    (4) A list of the applicant's corporate officers and directors,and 
each affiliate that participated in the decision to apply for alicense;
    (5) A statement for each applicant or affiliate, providingcomplete 
and detailed information on any civil or criminal legalproceeding during 
the preceding 5 years that relates to, or that couldmaterially affect, 
information in the license application; and,
    (6) A declaration by the applicant that neither the applicant norits 
affiliate has engaged in any lobbying activities that areprohibited by 
31 U.S.C. 1352 or any other applicable Federal anti-lobbying statute.
    (b) Experience in matters relating to deepwater ports.
    (1) A description of the applicant's, affiliate's, andconsultant's 
experience in offshore operations, particularlyoperations involving the 
transfer and storage of liquid cargo, and theloading and unloading of 
vessels.
    (2) For each affiliate that has a significant contract with 
theapplicant for construction of the deepwater port, a description 
ofthat affiliate's experience in construction of marine 
terminalfacilities, offshore structures, underwater pipelines, and 
seabedfoundations; in addition to a description of other experiences 
thatwould bear on the affiliate's qualification to participate in 
theconstruction of a deepwater port.
    (c) Engineering firms. For each engineering firm, if known,that will 
design the deepwater port or a portion of the port, theapplication must 
include the firm's:
    (1) Name;
    (2) Address;
    (3) Citizenship;
    (4) Telephone number; and
    (5) Qualifications.
    (d) Citizenship and operating authority. For each applicantor group 
of applicants, provide:
    (1) An affidavit that the applicant is a citizen of the 
UnitedStates;
    (2) For State agency applicants, the law authorizing the applicantto 
undertake the operations detailed in the application;
    (3) For private corporation applicants, the current charter 
orcertificate of incorporation and current by-laws; and affidavits 
ofU.S. or foreign citizenship from the president, chairman of the 
board,and each director or their equivalents; for limited 
liabilitycompanies, the equivalent organizational documents, and 
affidavitsfrom the members of the Board of Managers, and members; and
    (4) For partnerships, including limited liability partnerships, 
orassociations not formed or owned solely by individual citizens of 
theUnited States, the certificate of formation; the partnership 
agreementor articles of association; the current by-laws; the minutes of 
thefirst board meeting; and affidavits of U.S. or foreign 
citizenshipfrom the president and each director, or their equivalents.
    (e) Address for service of documents. The name and addressof one 
individual who may be served with documents if a formal hearingis held 
concerning the application, and the name and address of oneindividual 
who may receive other documents.
    (f) Location and use. The proposed location and capacity ofthe 
deepwater port, a general description of the anticipated use ofthe port, 
and whether access will be open or closed.
    (g) Financial information.
    (1) For the applicant, each affiliate with an ownership interestin 
the applicant of greater than 3 percent, and affiliates which havea 
direct contractual relationship with the deepwater port:
    (i) Annual financial statements, audited by an independentcertified 
public accountant, for the previous 3 years, including, butnot limited 
to, an income statement, balance sheet, and cash flowstatement with 
footnote disclosures prepared according to U.S.

[[Page 194]]

Generally Accepted Accounting Principles; provided, however, thatthe 
Commandant (G-P), in concurrence with MARAD, may waive thisrequirement 
upon finding:
    (A) That the affiliate does not, in the normal course of 
business,produce audited statements; and
    (B) That the affiliate is part of a larger corporate group 
whoseaudited statement provides sufficient information to support 
anadequate assessment of the affiliate's relationship with and impact 
onthe applicant; and
    (ii) Interim income statements and balance sheets for each 
quarterthat ends at least 30 days before submission of the 
application,unless it is included in the most recent annual financial 
statement.
    (2) An estimate of construction costs, including:
    (i) A phase-by-phase breakdown of costs;
    (ii) The estimated completion dates for each phase; and
    (iii) A preliminary estimate of the cost of removing all of 
thedeepwater port marine components, including pipelines that lie 
beneaththe seabed. The operator of a deepwater port is responsible for 
thecosts associated with removal of all port components. Should a 
licensebe granted, MARAD will require a bond, guarantee, or other 
financialinstrument to cover the complete cost of decommissioning as 
acondition of the license.
    (3) Annualized projections or estimates, along with the 
underlyingassumptions, for the next 5 years and at reasonable 
intervalsthroughout the life of the deepwater port, of each of the 
following:
    (i) Total oil or natural gas throughput, and subtotals 
showingthroughput owned by the applicant and its affiliates and 
throughputowned by others;
    (ii) Projected financial statements, including a balance sheet 
andincome statement; and
    (iii) Annual operating expenses, showing separately any paymentmade 
to an affiliate for any management duties carried out inconnection with 
the operation of the deepwater port.
    (4) A copy of all proposals or agreements concerning themanagement 
and financing of the deepwater port, including agreementsrelating to 
throughputs, capital contributions, loans, guarantees,commitments, 
charters, and leases.
    (5) The throughput reports for the calendar year preceding thedate 
of the application, for the applicant and each of the 
applicant'saffiliates engaged in producing, refining, or marketing oil 
or naturalgas and natural gas liquids, along with a copy of each 
existing orproposed throughput agreement. Each throughput report must 
list thethroughput of the following products:
    (i) Crude oil; and if crude oil is the only product the port 
isdesigned to transport, the throughput report may be limited 
toreporting crude oil;
    (ii) Gasoline;
    (iii) Jet aviation fuel;
    (iv) Distillate fuel oils;
    (v) Other refinery products;
    (vi) Natural gas; and
    (vii) Natural gas liquids.
    (h) Construction contracts and construction-related studies.
    (1) A copy of each contract that the applicant made for 
theconstruction of any component of the deepwater port or for 
theoperation of the port.
    (2) A listing and abstract of:
    (i) All completed or ongoing studies on deepwater ports conductedby 
or for the applicant; and
    (ii) All other construction-related studies used by the applicant.
    (3) The identity of each contractor, if known, that will constructor 
install the deepwater port or a portion of the port, including 
eachfirm's:
    (i) Name;
    (ii) Address;
    (iii) Citizenship;
    (iv) Telephone number; and
    (v) Qualifications.
    (i) Compliance with Federal water pollution requirements.
    (1) Evidence, to the extent available, that the requirements 
ofsection 401(a)(1) of the Federal Water Pollution Control ActAmendments 
of 1972, 33 U.S.C. 1341(a)(1), will be satisfied. Ifcomplete information 
is not available by the time MARAD must eitherapprove or deny the 
application under 33 U.S.C. 1504(i)(1), thelicense for the deepwater 
port is conditioned upon the applicantdemonstrating that the 
requirements of section 401(a)(1) of the

[[Page 195]]

Federal Water Pollution Control Act Amendments of 1972, 33 
U.S.C.1341(a)(1), will be satisfied.
    (2) In cases where certification under 33 U.S.C. 1341(a)(1) mustbe 
obtained from the Environmental Protection Agency Administrator,the 
request for certification, and pertinent information, such asplume 
modeling, related to the certification.
    (j) Coastal zone management. A request for eachcertification 
required by section 307 of the Coastal Zone ManagementAct of 1972, 16 
U.S.C. 1456, as amended.
    (k) Identification of lease block.
    (1) Identification of each lease block where any part of theproposed 
deepwater port or its approaches is located. Thisidentification must be 
made on official OCS leasing maps orprotraction diagrams, where 
available. Each map and diagram must becertified by a professional 
surveyor. For each lease block, providethe following:
    (i) A description of each pipeline, or other right-of-waycrossing, 
in enough detail to allow plotting of the rights-of-way tothe nearest 
one-tenth of a second in latitude and longitude; and
    (ii) The identity of the lessee or grantee of each pipeline orother 
right-of-way.
    (2) Detailed information concerning any interest that 
anyone,including the applicant, has in each block.
    (3) Detailed information concerning the present and planned use 
ofeach block.
    (l) Overall site plan. Single-line drawings showing thelocation and 
type of each component of the proposed deepwater port andits necessary 
facilities, including:
    (1) Floating structures;
    (2) Fixed structures;
    (3) Aids to navigation;
    (4) Manifold systems; and
    (5) Onshore storage areas, pipelines, and refineries.
    (m) Site plan for marine components. A site plan consistingof the 
following:
    (1) The proposed size and location of all:
    (i) Fixed and floating structures and associated componentsseaward 
of the high water mark, only if the proposal does not involvea connected 
action, for example, installation of new pipelineextending inshore of 
the state boundary line;
    (ii) Recommended ships' routing measures and proposed vesseltraffic 
patterns in the port area, including aids to navigation;
    (iii) Recommended anchorage areas and, for support vessels,mooring 
areas; and
    (2) A reconnaissance hydrographic survey of the proposed marinesite. 
This survey should provide data on the water depth, prevailingcurrents, 
cultural resources, and a general characterization of thesea bottom. A 
requirement to submit an engineering hydrographic surveyof the final 
marine site will be imposed as a condition in thelicense. The latter 
survey will require more extensive analysis of thesoil, and detailed 
study to determine its physical composition, suchas minerals, and if the 
sea bottom can support fixed componentscomprising a deepwater port. The 
applicant may submit existing data,gathered within the previous 5 years, 
but it must be supplemented byfield data for the specific locations in 
which a high degree ofvariability exists.
    (n) Soil data. An analysis of the general character andcondition of 
the ocean bottom, sub-bottom, and upland soils throughoutthe marine 
site. The applicant may use existing data, so long as itwas collected 
within the last 5 years and continues to provideaccurate information 
about conditions throughout the site. If not, anew survey must be 
completed to provide supplemental data. Theanalysis must include an 
opinion by a registered professional engineerspecializing in soil 
mechanics concerning:
    (1) The suitability of the soil to accommodate the anticipateddesign 
load of each marine component that will be fixed to orsupported on the 
ocean floor; and
    (2) The stability of the seabed when exposed to environmentalforces 
resulting from severe storms or lesser forces that occur overtime, 
including any history of accretion or erosion of the coastlinenear the 
marine site.
    (o) Archeological information. An analysis of theinformation from 
the reconnaissance hydrographic survey by a qualifiedunderwater 
archeologist to

[[Page 196]]

determine the historical or othersignificance of the area where the site 
evaluation and pre-construction testing activities were conducted. The 
analysis must meetstandards established by the Minerals Management 
Service foractivities on the OCS, or an alternative standard that has 
beensubmitted to and approved by the Coast Guard. The survey must 
includethe areas potentially affected by the deepwater port, or any 
otherassociated platforms, and its pipeline route(s).
    (p) Vessel information.
    (1) The nation of registry for, and the nationality or 
citizenshipof, officers and crew serving on board vessels transporting 
naturalgas that are reasonably anticipated to be servicing the 
deepwaterport; and
    (2) Description of the information that will be provided in 
theoperations manual pertaining to vessel operations, 
vesselcharacteristics, and weather forecasting.
    (q) Information on floating components.
    (1) A description and preliminary design drawing of each 
floatingcomponent, including the hoses, anchoring or securing structure, 
andnavigation lights if the component is a mooring buoy.
    (2) The criteria, developed under part 149 of this chapter, towhich 
each floating component will be designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice that willbe 
applied.
    (5) A description of safety, firefighting, and pollutionprevention 
equipment to be used on each floating component.
    (6) A description of the lighting that will be used on 
floatinghoses, for night detection.
    (r) Information on dedicated fixed offshore components.
    (1) A description and preliminary design drawing for eachdedicated 
fixed offshore component.
    (2) The design criteria, developed under part 149 of this chapter,to 
which each fixed offshore component will be designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to 
befollowed.
    (5) A description of the following equipment that will beinstalled:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment, excluding response 
equipmentwhich must be outlined in the facility response plan; and
    (vi) Waste treatment equipment.
    (6) A description and preliminary design drawing of the following:
    (i) The cargo pumping equipment;
    (ii) The cargo piping system;
    (iii) The control and instrumentation system; and
    (iv) Any associated equipment, including equipment for oil ornatural 
gas throughput measuring, leak detection, emergency shutdown,and the 
alarm system.
    (7) The personnel capacity of each deepwater port pumping 
platformcomplex.
    (s) Refurbished OCS facilities and co-located fixed 
offshorecomponents.
    (1) A description and preliminary design drawing for each 
suchfacility or component.
    (2) The design criteria, developed under part 149 of this chapter,to 
which each facility or component will be designed and built ormodified;
    (3) The design standards and codes to be used;
    (4) The title of each recommended engineering practice to 
befollowed;
    (5) A description of the following equipment to be installed 
orrefurbished:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment, excluding response 
equipmentwhich must be outlined in the facility response plan;
    (vi) Waste treatment equipment; and
    (vii) Cathodic protection.
    (6) A description and preliminary design drawing of the following:
    (i) The cargo pumping equipment;
    (ii) The cargo piping system;
    (iii) The control and instrumentation system; and

[[Page 197]]

    (iv) Any associated equipment, including equipment for oil ornatural 
gas throughput measuring, leak detection, emergency shutdown,and the 
alarm system.
    (7) The personnel capacity of each deepwater port pumping 
platformcomplex.
    (t) Information on offshore pipelines.
    (1) A description and preliminary design drawing of the 
marinepipeline, including:
    (i) Size;
    (ii) Throughput capacity;
    (iii) Length;
    (iv) Depth of cover; and
    (v) Protective devices.
    (2) The design criteria to which the marine pipeline will bedesigned 
and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to 
befollowed.
    (5) A description of the metering system that will measure flowrate.
    (6) Information concerning all submerged or buried pipelines 
thatwill be crossed by the offshore pipeline, and how each crossing 
willbe made.
    (7) Information on the pipeline that will connect to the 
port,including a detailed analysis that shows throughput and capacity 
ratesof all pipelines involved in the transport of product to shore.
    (u) Information about onshore components. To the extentknown by the 
applicant:
    (1) A description of the location, capacity, and ownership of 
allplanned and existing onshore pipelines, storage 
facilities,refineries, petrochemical facilities, and transshipment 
facilitiesthat will be served by the deepwater port. Crude oil or 
natural gasgathering lines and lines wholly within a deepwater port must 
beincluded in data about onshore components only if 
specificallyrequired. Entry points and major connections between lines 
and withbulk purchasers must be included.
    (2) A chart showing the location of all planned and 
existingfacilities that will be served by the port, including:
    (i) Onshore pipelines;
    (ii) Storage facilities;
    (iii) Refineries;
    (iv) Petrochemical facilities; and
    (v) Transshipment facilities.
    (3) A copy of all proposals or agreements with existing andproposed 
refineries that will receive oil transported through thedeepwater port, 
the location and capacity of each such refinery, andthe anticipated 
volume of such oil to be refined by each suchrefinery.
    (v) Information on miscellaneous components.
    (1) A description of each radio station or other 
communicationsfacility to be used during construction and operation of 
the deepwaterport and its proposed concept of operation.
    (2) A description of the radar navigation system to be used 
inoperation of the deepwater port outlined in the operations manual.
    (3) A description of the method that will be used for 
bunkeringvessels using the deepwater port.
    (4) A brief description of the type, size, and number of vesselsthat 
will be used in bunkering, mooring, and servicing the vesselsusing the 
deepwater port.
    (5) A description and location of the shore-based supportfacilities, 
if any, that will be provided for vessels that will beused in bunkering, 
mooring, and servicing the vessels using thedeepwater port; or that 
serve as offices or facilities in support ofthe deepwater port 
operations.
    (6) A copy of the actual radio station license, or, if notavailable, 
a copy of the application sent to the FederalCommunications Commission, 
if available.
    (w) Construction procedures. A description of the method 
andprocedures to be used in constructing each component of the 
deepwaterport, for example shoreside fabrication, assembly and 
support,including anticipated dates of completion for each specific 
componentduring each phase of construction.
    (x) Operations manual. A draft of the operations manual forthe 
proposed port, containing the information underSec. 150.15 of this 
chapter, must demonstrate theapplicant's ability to operate the port 
safely and effectively. To theextent that circumstances are similar, 
this demonstration can be inthe form of evidence appended to the

[[Page 198]]

draft operations manual ofthe applicant's participation in the safe and 
effective management oroperation of other offshore facilities, for 
example, evidence ofcompliance with Mineral Management Service 
requirements for thosefacilities. If the information required for the 
manual is notavailable, state why it is not and when it will be 
available.
    (y) Risk and consequence assessment. Data to support anindependent, 
site-specific analysis to assess the risks andconsequences of accidental 
and intentional events that compromisecargo containment. At minimum, 
potential events that result inliquefied natural gas or oil spill, vapor 
dispersion and/or fire willbe analyzed. The Coast Guard will utilize 
validated models, forexample computational fluid dynamics or an 
equivalent model. Theapplicant may consult with Commandant (G-P) to 
ensure thatappropriate assessment procedures are used.
    (z) Environmental evaluation. An analysis, sufficient tomeet the 
requirements of the National Environmental Policy Act, and asoutlined in 
subpart G of this part, of the potential impacts on thenatural and human 
environments, including sufficient information thatcomplies with all 
applicable Federal, tribal, and State requirementsfor the protection of 
the environment.
    (aa) Aids to navigation.
    (1) For each proposed aid to navigation, the proposed position ofthe 
aid, described by latitude and longitude coordinates to thenearest 
second or tenth of a second, as determined from the largestscale chart 
of the area in which the aid is to be located. Specifylatitude and 
longitude to a level obtained by visual interpolationbetween the finest 
graduation of the latitude and longitude scales onthe chart.
    (2) For each proposed obstruction light and rotating lit beacon:
    (i) Color;
    (ii) Characteristic;
    (iii) Effective intensity;
    (iv) Height above water; and
    (v) General description of the illumination apparatus.
    (3) For each proposed sound signal on a structure, a 
generaldescription of the apparatus.
    (4) For each proposed buoy:
    (i) Shape;
    (ii) Color;
    (iii) Number or letter;
    (iv) Depth of water in which located; and
    (v) General description of any light and/or sound signal apparatuson 
the buoy.
    (5) For the proposed radar beacon, or RACON, height above waterand a 
general description of the apparatus.
    (bb) National Pollutant Discharge Elimination System(NPDES). A copy 
of the NPDES Application for Permit to DischargeShort Form D, for 
applying for a discharge permit from theEnvironmental Protection Agency 
(EPA) and any accompanying studies andanalyses. If complete information 
is not available by the time MARADmust either approve or deny the 
application for a designatedapplication area under 33 U.S.C. 1504(i)(1), 
the license for thedeepwater port is conditioned upon the applicant 
receiving therequired discharge permit from the EPA before the start of 
anydischarge requiring such a permit. The issuance of the 
permitdemonstrates that all potential water discharges have 
beensatisfactorily analyzed and water quality control measures 
implementedto mitigate discharges to meet NPDES.
    (cc) Structures' placement and the discharge of dredged or 
fillmaterial. The information required to obtain a Department of theArmy 
permit for placement of structures and the discharge of dredgedor fill 
material.
    (dd) Additional Federal authorizations. All otherapplications for 
Federal authorizations not listed elsewhere in thissubpart that are 
required for ownership, construction, and operationof a deepwater port.
    (ee) Sworn statement. A statement that the information inthe 
application is true must be placed at the end of the application,sworn 
to before a notary public, and signed by a responsible 
applicantofficial.



Sec. 148.107  What additional information may be required?

    (a) The Commandant (G-P), in coordination with MARAD, mayrequire the 
applicant or the applicant's affiliates to file, as asupplement to the 
application, any analysis, explanation, or

[[Page 199]]

other information he or she deems necessary.
    (b) The Commandant (G-P) may require the applicant or theapplicant's 
affiliates to make available for Coast Guard examination,under oath or 
for interview, persons having, or believed to have,necessary 
information.
    (c) The Commandant (G-P) may set a deadline for receivingthe 
information.
    (1) If the applicant states that the required information is notyet 
available but will be at a later date, the Commandant (G-P)may specify a 
later deadline.
    (2) If a requirement is not met by a deadline fixed under 
thisparagraph, the Commandant (G-P), in coordination with MARAD,may 
determine whether compliance with the requirement is important 
toprocessing the application within the time prescribed by the Act.
    (3) If the requirement is important to processing the 
applicationwithin the time limit set by the Act, the Commandant (G-P) 
mayrecommend to the Maritime Administrator that he or she either 
notapprove the application or suspend it indefinitely. The deadline 
forthe Administrator's review under the Act is extended for a period 
oftime equal to the time of the suspension.



Sec. 148.108  What if a Federal or State agency or other interested partyrequests additional information?

    (a) Any Federal or State agency or other interested person 
mayrecommend that the applicant provide information that is not 
specifiedby this subchapter.
    (b) Recommendations must state briefly why the information isneeded.
    (c) The Commandant (G-P) must receive the request prior tothe 
closing dates for the comment periods for scoping, and the draftor final 
environmental impact statement or environmental assessment.MARAD will 
consider the request before making a final decision onwhether or not to 
approve the license application.
    (d) The Commandant (G-P) will consider whether:
    (1) The information requested is essential for processing thelicense 
application; and
    (2) The time and effort required by the applicant in gathering 
theinformation will result in an undue delay in the application process.
    (e) The Commandant (G-P) may discuss the recommendationwith the 
recommending person and the applicant prior to issuing adetermination.



Sec. 148.110  How do I prepare my application?

    (a) Any person may confer with the Commandant (G-P)concerning 
requirements contained in this rule for the preparation ofan application 
or the requirements of this subchapter.
    (b) The applicant may incorporate, by clear and specific referencein 
the application:
    (1) Standard reference material that the applicant relied on thatis 
readily available to Federal and State agencies;
    (2) Current information contained in previous applications orreports 
that the applicant has submitted to the application staff; or
    (3) Current information contained in a tariff, report, or 
otherdocument previously filed for public record with the 
SurfaceTransportation Board or the Securities and Exchange Commission, 
if:
    (i) A certified true and complete copy of the document is attachedto 
each copy of the application as required bySec. 148.115(a);
    (ii) The date of filing and the document number are on the coverof 
the document; and
    (iii) Any verification or certification required for the 
originalfiling, other than from auditors or other independent persons, 
isdated no earlier than 30 days before the date of the application.



Sec. 148.115  How many copies of the application must I send and where must Isend them?

    Send the following copies of the application:
    (a) Two printed copies and three electronic versions to 
theCommandant (G-PSO), U.S. Coast Guard, 2100 Second Street 
SW.,Washington, DC 20593-0001.

[[Page 200]]

    (b) Two printed copies and two electronic versions to theMARAD 
Administrator, 400 7th Street SW., Washington, DC 20590.
    (c) One copy to the U.S. Army Corps of Engineers District 
Officehaving jurisdiction over the proposed port. For the address, 
seehttp://www.usace.army.mil/.
    (d) Additional printed and electronic copies for distribution 
toFederal, tribal, and State regulatory agencies involved in 
reviewingthe application in accordance with the needs of each agency.



Sec. 148.125  What are the application fees?

    (a) The applicant must submit a nonrefundable application fee 
of$350,000 with each application for a license. If additionalinformation 
is necessary to make an application complete, noadditional application 
fee is required.
    (b) The costs incurred by the Federal Government in processing 
anapplication will be charged to the application fee until it 
isexhausted. If the fee is exhausted and the Federal Government 
incursfurther processing costs, the applicant will be charged for 
theadditional costs. The Commandant (G-P) will periodically advisethe 
applicant of the status of expenses incurred during theapplication 
process.
    (c) Additional costs attributable to processing a deepwater 
portlicense application and post-license activities, for example 
theengineering plan review or development of the final operations 
manual,are due when they are assessed, and must be paid by the 
applicantprior to commencing operation of the deepwater port.
    (d) Application fees and additional costs assessed under thissection 
must be made payable to the United States Treasury, andsubmitted to the 
Commandant (G-P).



                    Subpart C_Processing Applications

                                 General



Sec. 148.200  What is the purpose of this subpart?

    This subpart prescribes the requirements for processing 
anapplication for a deepwater port license.
    It includes the procedures for:
    (a) Maintaining the docket;
    (b) Designating adjacent coastal states;
    (c) Holding informal and formal public hearings; and
    (d) Approving or denying an application.



Sec. 148.205  How are documents related to the application maintained?

    (a) The Commandant (G-P) maintains the docket for eachapplication.
    (1) The docket contains a copy of all documents filed or issued 
aspart of the application process.
    (2) Recommendations submitted by Federal departments and 
agenciesunder 33 U.S.C. 1504(e)(2) are docketed when they are received.
    (3) Copies of applicable National Environmental Policy Actdocuments 
prepared under 33 U.S.C. 1504(f) are docketed when they aresent to the 
Environmental Protection Agency.
    (b) For a document designated as protected from disclosure under33 
U.S.C. 1513(b), the Commandant (G-P):
    (1) Prevents the information in the document from being 
disclosed,unless the Commandant (G-P) states that the disclosure is 
notinconsistent with 33 U.S.C. 1513(b); and
    (2) Keeps a record of all individuals who have a copy of 
thedocument.



Sec. 148.207  How and where may I view docketed documents?

    (a) All material in a docket under Sec. 148.205 isavailable to the 
public for inspection and copying at Commandant(G-P) at the address 
under ``Commandant (G-P)'' in Sec. 148.5, except for:
    (1) Contracts under 33 U.S.C. 1504(c)(2)(B) for the constructionor 
operation of a deepwater port; and

[[Page 201]]

    (2) Material designated under paragraph (b) of this sectionas a 
trade secret, or commercial or financial information that isclaimed to 
be privileged or confidential.
    (b) A person submitting material that contains either a tradesecret 
or commercial or financial information under paragraph (a)(2)of this 
section must designate those portions of the material that areprivileged 
or confidential. Section 148.221 contains procedures forobjecting to 
these claims.
    (c) Docketed material for each deepwater port project is 
alsoavailable to the public electronically at the Department 
ofTransportation Docket Management System Web site athttp://
www.dot.dms.gov. The projects are also listed by name andthe assigned 
docket number at the G-PSO-5 Web site:http://www.uscg.mil/hq/g-m/mso/
mso5.htm.



Sec. 148.209  How is the application processed?

    The Commandant (G-P), in cooperation with the MaritimeAdministrator, 
processes each application and the MaritimeAdministration publishes the 
notice of application under 33 U.S.C.1504(c) in the Federal Register. 
Upon publication of a notice ofapplication, the Commandant (G-P) ensures 
delivery of copies ofthe application to:
    (a) Each Federal agency with jurisdiction over any aspect 
ofownership, construction, or operation of deepwater ports. A 
completelisting of the Federal agencies involved with deepwater port 
licensingis outlined in the Deepwater Port Interagency MOU available at 
thefollowing hyperlink: http://www.uscg.mil/hq/G-M/mso/docs/dwp--

white--house--task--force--energy--

streamlining.pdf.
    (b) Each adjacent coastal State, including relevant State andtribal 
agencies in those States.



Sec. 148.211  What must I do if I need to change my application?

    (a) If at any time before the Secretary approves or denies 
anapplication, the information in it changes or becomes incomplete, 
theapplicant must promptly submit the changes or additional 
informationin the manner set forth in Sec. 148.115 of this part.
    (b) The Coast Guard may determine that the change or 
requiredinformation is of such magnitude that it warrants submission of 
acomplete revised application.



Sec. 148.213  How do I withdraw my application?

    The applicant may withdraw an application at any time before 
theproceeding is terminated by delivering or mailing notice of 
withdrawalto the Commandant (G-P) for docketing.



Sec. 148.215  What if a port has plans for a deep draft channel and harbor?

    (a) If a State port will be directly connected by pipeline to 
aproposed deepwater port, and has existing plans for a deep draftchannel 
and harbor, a representative of the port may request adetermination 
under 33 U.S.C. 1503(d).
    (b) The request must be sent, in writing, to the Commandant(G-P) 
within 30 days after the date that the notice ofapplication for the 
deepwater port is published in the FederalRegister.
    (c) The request must contain:
    (1) A signature of the highest official of the port submitting 
therequest;
    (2) A copy of the existing plans for the construction of a deepdraft 
channel and harbor;
    (3) Certification that the port has an active study by theSecretary 
of the Army for the construction of a deep draft channel andharbor, or 
that the port has an application pending for a permit under33 U.S.C. 403 
for the construction;
    (4) Any available documentation on:
    (i) Initial costs, by phases if development is staged, for 
theproposed onshore project, including dredging, ship terminal, 
andattendant facilities;
    (ii) Estimated annual operating expenses, by phases if developmentis 
staged, including labor, for 30 years for all elements of theproject;
    (iii) Estimated completion time for all elements of the project;
    (iv) Estimated vessel traffic volume, and the volume and varietyof 
the tonnage;
    (v) Potential traffic congestion conditions in the port, and 
theport's ability to control vessel traffic as a result of the 
proposeddredging project;

[[Page 202]]

    (vi) Estimated economic benefits of the project, including:
    (A) Economic contribution to the local and regional area;
    (B) Induced industrial development;
    (C) Increased employment; and
    (D) Increases in tax revenues;
    (vii) Environmental and social impacts of the project on the 
localand regional community; and
    (viii) An estimate of the economic impact that the deepwater 
portlicense will have on the proposed project.
    (d) A statement whether the port seeks a determination that theport 
best serves the national interest.



Sec. 148.217  How can a State be designated as an adjacent coastal State?

    (a) Adjacent coastal States are named in the notice of 
applicationpublished in the Federal Register. However, a State not named 
asan adjacent coastal State in the notice may request to be designatedas 
one if the environmental risks to it are equal to or greater thanthe 
risks posed to a State directly connected by pipeline to theproposed 
deepwater port.
    (b) The request must:
    (1) Be submitted in writing to the Commandant (G-P) within14 days 
after the date of publication of the notice of application inthe Federal 
Register;
    (2) Be signed by the Governor of the State;
    (3) List the facts and any available documentation or 
analysesconcerning the risk of damage to the coastal environment of the 
State;and
    (4) Explain why the State believes the risk of damage to itscoastal 
environment is equal to or greater than the risk to a Stateconnected by 
a pipeline to the proposed deepwater port.
    (c) Upon receipt of a request, the Commandant (G-P) willsend a copy 
of the State's request to the Administrator of theNational Oceanic and 
Atmospheric Administration (NOAA) and ask for theAdministrator's 
recommendations within an amount of time that willallow the Commandant 
(G-P) and the MARAD Administrator 45 daysfrom receipt of the request to 
determine the matter.
    (d) If after receiving NOAA's recommendations the Commandant(G-P), 
in concurrence with MARAD Administrator, determines thatthe State should 
be considered an adjacent coastal State, theCommandant (G-P), in 
concurrence with the MARAD Administrator,will so designate it. If the 
Commandant (G-P), in concurrencewith the MARAD Administrator, denies the 
request, he or she willnotify the requesting State's Governor of the 
denial.



Sec. 148.221  How do I claim, or object to a claim, that required information isprivileged?

    (a) Any person may claim that specific information requiredpursuant 
to this part should be withheld because it is privileged, andany person 
can object to that claim.
    (b) Requests or objections must be submitted to the Commandant(G-P) 
in writing, with sufficient specificity to identify theinformation at 
issue, and to show why it should or should not beconsidered privileged.
    (c) The Commandant (G-P) determines whether to grant ordeny a claim 
of privilege.
    (d) Submission of a claim stays any deadline for providing 
theinformation at issue, unless the claim is made pursuant to 
theprotection for confidential information that is provided by 33 
U.S.C.1513(b), in which case deadlines are not stayed. The Commandant(G-
P) may also determine that the information at issue is somaterial that 
processing of the application must be suspended pendingthe determination 
of the claim.

                       Public Hearings or Meetings



Sec. 148.222  When must public hearings or meetings be held?

    (a) Before a license is issued, at least one public licensehearing 
under 33 U.S.C. 1504(g) must be held in each adjacent coastalState. 
Other Federal statutes and regulations may impose additionalrequirements 
for public hearings or meetings, and if not otherwiseprohibited, a 
hearing under this paragraph may be consolidated withany such additional 
hearing or meeting.

[[Page 203]]

    (b) The Commandant (G-P) or the MARAD Administratorwill publish a 
notice of public hearings or meetings in the FederalRegister, and will 
mail or deliver a copy of the notice to theapplicant, to each adjacent 
coastal State, and to all who request acopy.
    (c) Anyone may attend a public hearing or meeting and 
providerelevant oral or written information. The presiding officer may 
limitthe time for providing oral information.



Sec. 148.227  How is a public hearing or meeting reported?

    (a) After completion of a public hearing or meeting, the 
presidingofficer forwards a report on the hearing or meeting to the 
Commandant(G-P) for docketing.
    (b) The report must contain at least:
    (1) An overview of the factual issues addressed;
    (2) A transcript or recording of the hearing or meeting; and
    (3) A copy of all material submitted to the presiding officer.
    (c) During the hearing or meeting, the presiding officer 
announcesthe information that the report must contain.

                             Formal Hearings



Sec. 148.228  What if a formal evidentiary hearing is necessary?

    (a) After all public meetings under Sec. 148.222 of thispart are 
concluded, the Commandant (G-PSO), in coordinationwith the MARAD 
Administrator, will consider whether there are one ormore specific and 
material factual issues that may be resolved by aformal evidentiary 
hearing.
    (b) If the Commandant (G-PSO), in coordination with theMARAD 
Administrator, determines that one or more issues underparagraph (a) of 
this section exist, the Coast Guard will hold atleast one formal 
evidentiary hearing under 5 U.S.C. 554 in theDistrict of Columbia.
    (c) The Commandant (G-PSO) files a request for assignmentof an 
administrative law judge (ALJ) with the ALJ Docketing Center.The Chief 
ALJ designates an ALJ or other person to conduct thehearing.
    (d) The recommended findings and the record developed in a 
hearingunder paragraph (b) of this section are considered by the 
MARADAdministrator in deciding whether to approve or deny a license.



Sec. 148.230  How is notice of a formal hearing given?

    (a) The Commandant (G-P) publishes a notice of the hearingin the 
Federal Register and sends a notice of the hearing to theapplicant, to 
each adjacent coastal State, and to each person whorequests such a 
notice.
    (b) The notice of the hearing includes the applicant's name, thename 
of the ALJ assigned to conduct the hearing, a list of the factualissues 
to be resolved, the address where documents are to be filed,and the 
address where a copy of the rules of practice, procedure, andevidence to 
be used at the hearing is available.



Sec. 148.232  What are the rules for a formal hearing?

    (a) The Commandant (G-P) determines the rules for eachformal 
hearing. Unless otherwise specified in this part, theCommandant (G-P) 
applies the rules of practice, procedure, andevidence in part 20 of this 
chapter.
    (b) The Commandant (G-P) sends a written copy of theprocedure to the 
applicant, each person intervening in theproceedings, and each person 
who requests a copy.



Sec. 148.234  What are the limits of an Administrative Law Judge (ALJ)'sjurisdiction?

    (a) An ALJ's jurisdiction begins upon assignment to a proceeding.
    (b) An ALJ's jurisdiction ends after the recommended findings 
arefiled with the Commandant (G-P) or immediately after the ALJissues a 
notice of withdrawal from the proceeding.



Sec. 148.236  What authority does an Administrative Law Judge (ALJ) have?

    When assigned to a formal hearing, an ALJ may:
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas;
    (c) Issue rules of procedure for written evidence;
    (d) Rule on offers of proof and receive evidence;

[[Page 204]]

    (e) Examine witnesses;
    (f) Rule on motions of the parties;
    (g) Suspend or bar an attorney from representing a person in 
theproceeding for unsuitable conduct;
    (h) Exclude any person for disruptive behavior during the hearing;
    (i) Set the hearing schedule;
    (j) Certify questions to the Commandant (G-P);
    (k) Proceed with a scheduled session of the hearing in the absenceof 
a party who failed to appear;
    (l) Extend or shorten a non-statutorily imposed deadline underthis 
subpart within the 240-day time limit for the completion ofpublic 
hearings in 33 U.S.C. 1504(g);
    (m) Set deadlines not specified in this subpart or the 
DeepwaterPorts Act; and
    (n) Take any other action authorized by or consistent with 
thissubpart, the Deepwater Ports Act, or 5 U.S.C. 551-559.



Sec. 148.238  Who are the parties to a formal hearing?

    The parties to a formal hearing are:
    (a) The applicant;
    (b) The Commandant (G-P); and
    (c) Any person intervening in the proceedings.



Sec. 148.240  How does a State or a person intervene in a formal hearing?

    (a) Any person or adjacent coastal State may intervene in a 
formalhearing.
    (b) A person must file a petition of intervention within 10 daysof 
notice that the formal hearing is issued. The petition must:
    (1) Be addressed to the Administrative Law Judge (ALJ)Docketing 
Center;
    (2) Identify the issues and the petitioner's interest in 
thoseissues; and
    (3) Designate the name and address of a person who can be servedif 
the petition is granted.
    (c) An adjacent coastal State need only file a notice ofintervention 
with the ALJ Docketing Center.
    (d) The ALJ has the authority to limit the scope and period 
ofintervention during the proceeding.
    (e) If the ALJ denies a petition of intervention, the petitionermay 
file a notice of appeal with the ALJ Docketing Center within 7days of 
the denial.
    (1) A brief may be submitted with the notice of appeal.
    (2) Parties who wish to file a brief in support of or against 
thenotice of appeal may do so within 7 days of filing the notice.
    (f) The Commandant (G-P) will rule on the appeal. The ALJdoes not 
have to delay the proceedings for intervention appeals.



Sec. 148.242  How does a person who is not a party to a formal hearing presentevidence at the hearing?

    (a) A person who is not a party to a formal hearing may 
presentevidence at the hearing if he or she sends a petition to 
presentevidence to the ALJ Docketing Center before the beginning of 
theformal hearing. The petition must describe the evidence that 
theperson will present and show its relevance to the issues listed in 
thenotice of formal hearing.
    (b) If a petition is granted, the ruling will specify whichevidence 
is approved to be presented at the hearing.



Sec. 148.244  Who must represent the parties at a formal hearing?

    (a) All organizations that are parties to the proceeding must 
berepresented by an attorney. Individuals may represent themselves.
    (b) Any attorney representing a party to the proceeding must filea 
notice of appearance according to Sec. 20.301(b) of thischapter.
    (c) Each attorney must be in good standing and licensed topractice 
before a court of the United States or the highest court ofany State, 
territory, or possession of the United States.



Sec. 148.246  When is a document considered filed and where should I file it?

    (a) If a document to be filed is submitted by mail, it isconsidered 
filed on the date it is postmarked. If a document issubmitted by hand 
delivery or electronically, it is considered filedon the date received 
by the clerk.
    (b) File all documents and other materials related to 
anadministrative proceeding at the U.S. Coast Guard Administrative 
LawCenter, Attention:

[[Page 205]]

Hearing Docket Clerk, room 412, 40 South GayStreet, Baltimore, MD, 
21201-4022.



Sec. 148.248  What happens when a document does not contain all necessaryinformation?

    Any document that does not satisfy the requirements inSec. Sec. 
20.303 and 20.304 of this chapter will bereturned to the person who 
submitted it with a statement of thereasons for denial.



Sec. 148.250  Who must be served before a document is filed?

    Before a document may be filed by any party, it first must beserved 
upon:
    (a) All other parties; and
    (b) The Commandant (G-P).



Sec. 148.252  What is the procedure for serving a subpoena?

    (a) A party may submit a request for a subpoena to theAdministrative 
Law Judge (ALJ). The request must show the relevanceand scope of the 
evidence sought.
    (b) Requests should be submitted sufficiently in advance of 
thehearing so that exhibits and witnesses can be included in the 
listsrequired by Sec. 20.601 of this chapter, but may besubmitted later 
and before the end of the hearing, if good cause isshown for the late 
submission.
    (c) A request for a subpoena must be submitted to the ALJ.
    (d) A proposed subpoena, such as the form inhttp://
cgweb.comdt.uscg.mil/g-cj/subpoena.doc, must be submittedwith the 
request. If you do not use this form, the proposed subpoenamust contain:
    (1) The docket number of the proceedings;
    (2) The captions ``Department of Homeland Security,''``Coast 
Guard,'' and ``Licensing of deepwater portfor coastal waters off (insert 
name of the coastal State closest tothe proposed deepwater port and the 
docket number of the proceeding)'';
    (3) The name and the address of the office of the ALJ;
    (4) For a subpoena giving testimony, a statement commanding 
theperson to whom the subpoena is directed to attend the formal 
hearingand give testimony;
    (5) For a subpoena producing documentary evidence, a 
statementcommanding the person to produce designated documents, books, 
papers,or other tangible things at a designated time or place; and
    (6) An explanation of the procedure in Sec. 20.309(d) ofthis 
chapter and paragraph (h) of this section for quashing asubpoena.
    (e) The procedure for serving a subpoena must follow Rule 45 ofthe 
Federal Rules of Civil Procedure, unless the ALJ authorizesanother 
procedure.
    (f) The witness fees for a subpoenaed witness are the same as 
thefees for witnesses subpoenaed in U.S. District Courts. The 
personrequesting the subpoena must pay these fees.
    (g) When serving a subpoena, a party must include witness fees inthe 
form of a check to the individual or organization for one day 
plusmileage, or, in the case of a government-issued subpoena, a formSF-
1157 so a witness may receive fees and mileagereimbursement.
    (h) Any person served with a subpoena has 10 days from the time 
ofservice to move to quash the subpoena.
    (i) If a person does not comply with a subpoena, the ALJ 
decideswhether judicial enforcement of the subpoena is necessary. If the 
ALJdecides it is, the Commandant (G-P) reviews this decision.



Sec. 148.254  How is a hearing transcript prepared?

    (a) Under the supervision of the Administrative Law Judge (ALJ),the 
reporter prepares a verbatim transcript of the hearing. Nothingmay be 
deleted from the transcript, unless ordered by the ALJ andnoted in the 
transcript.
    (b) After a formal hearing is completed, the ALJ certifies 
andforwards the record, including the transcript, to the clerk to 
beplaced into the docket.
    (c) At any time within the 20 days after the record is docketed,the 
ALJ may make corrections to the certified transcript. Whencorrections 
are filed, they are attached as appendices.
    (d) Any motion to correct the record must be submitted within 10days 
after the record is docketed.

[[Page 206]]



Sec. 148.256  What happens at the conclusion of a formal hearing?

    After closing the record of a formal hearing, the AdministrativeLaw 
Judge (ALJ) prepares a recommended finding on the issues that werethe 
subject of the hearing. The ALJ submits that finding to theCommandant 
(G-P).

                  Approval or Denial of the Application



Sec. 148.276  When must the application be approved or denied?

    (a) In 33 U.S.C. 1504, the Deepwater Port Act provides 
stricttimelines for action on a license application, which, if 
closelyobserved, can lead to action in just under 1 year. The Coast 
Guard, inconcurrence with MARAD, can suspend the process if an applicant 
failsto provide timely information or requests additional time to 
complywith a request.
    (b) The Coast Guard must conduct public hearings in each 
adjacentCoastal State within 240 days of publishing the notice of 
receipt of adeepwater port license application.
    (c) MARAD issues a record of decision (ROD) approving or denying 
alicense application within 90 days after the final public 
hearing.Actual issuance of a license may not take place until 
certainconditions imposed by the ROD have been met. Those conditions 
mayinclude how the applicant must address design, 
construction,installation, testing, operations, and decommissioning of 
the port, ormeet the requirements of other agencies.



Sec. 148.277  How may Federal agencies and States participate in the applicationprocess?

    (a) Under Sec. 148.209, Federal agencies and adjacentcoastal States 
are sent copies of the application. The agencies andStates are 
encouraged to begin submitting their comments at that time.
    (b) To be considered, comments from Federal agencies and 
adjacentcoastal States must be received by the Commandant (G-P) within45 
days after the close of the public hearing period specified inSec. 
148.276(b). Separate comment periods will apply to thereview of 
documents created during the National Environmental PolicyAct process. 
Both the Commandant (G-P) and MARAD review thecomments received.
    (c) Comments should identify problems, if any, and suggestpossible 
solutions.



Sec. 148.279  What are the criteria for approval or denial of an application?

    The criteria for approving or denying a license application appearin 
33 U.S.C. 1503.



Sec. 148.281  What happens when more than one application is submitted for adeepwater port in the same application area?

    (a) When more than one application is submitted for a deepwaterport 
in the same application area under 33 U.S.C. 1504(d), only 
oneapplication is approved. Except as provided in paragraph (b) of 
thissection, applicants receive priority in the following order:
    (1) An adjacent coastal State or combination of States, 
politicalsubdivision of the State, or an agency or instrumentality, 
including awholly owned corporation of the State;
    (2) A person that is:
    (i) Not engaged in producing, refining, or marketing oil;
    (ii) Not an affiliate of a person engaged in producing, refining,or 
marketing oil; or
    (iii) Not an affiliate of a person engaged in producing, refining,or 
marketing oil; and then
    (3) Any other applicant.
    (b) MARAD may also approve one of the proposed deepwater ports ifit 
determines that that port will best serve the national interest. 
Inmaking this determination, MARAD considers:
    (1) The degree to which each deepwater port will affect 
theenvironment, as determined under the review criteria in subpart G 
tothis part;
    (2) The differences between the anticipated completion dates ofthe 
deepwater ports; and
    (3) The differences in costs for construction and operation of 
theports that would be passed on to consumers of oil.
    (c) This section does not apply to applications for natural 
gasdeepwater ports.

[[Page 207]]



Sec. 148.283  When is the application process stopped before the application isapproved or denied?

    The Commandant (G-P) recommends to MARAD that theapplication process 
be suspended before the application is approved ordenied if:
    (a) All applications are withdrawn before MARAD approves one ofthem; 
or
    (b) There is only one application; it is incomplete, and 
theapplicant does not respond to a request by the Commandant (G-P)for 
further information, as per Sec. 148.107.



                           Subpart D_Licenses



Sec. 148.300  What does this subpart concern?

    This subpart concerns the license for a deepwater port and 
theprocedures for transferring, amending, suspending, 
reinstating,revoking, and enforcing a license.



Sec. 148.305  What is included in a deepwater port license?

    A deepwater port license contains information about the licenseeand 
the port, and any conditions of its own or of another agency thatmay be 
described by MARAD in the license. Licenses are issued inconformance 
with the Deepwater Ports Act of 1974, as amended, and withrules and 
policies of MARAD that implement that Act.



Sec. 148.307  Who may consult with the Commandant (G-P) and the MARADAdministrator on developing the proposed conditions of a license?

    Federal agencies, the adjacent coastal States, and the owner ofthe 
deepwater port may consult with the Commandant (G-P) andthe MARAD 
Administrator on the conditions of the license beingdeveloped under 33 
U.S.C. 1503(e).



Sec. 148.310  How long does a license last?

    Each license remains in effect indefinitely subject to thefollowing:
    (a) If it is suspended or revoked by MARAD;
    (b) If it is surrendered by the owner; or
    (c) As otherwise provided by condition of the license.



Sec. 148.315  How is a license amended, transferred, or reinstated?

    (a) MARAD may amend, transfer, or reinstate a license if it 
findsthat the amendment, transfer, or reinstatement is consistent with 
therequirements of the Act and this subchapter.
    (b) The owner must submit a request for an amendment, transfer, 
orreinstatement to the Commandant (G-P) or the MARADAdministrator.



Sec. 148.320  How is a license enforced, suspended, or revoked?

    MARAD may enforce, suspend, or revoke a license under 33 
U.S.C.1507(c).



Sec. 148.325  How soon after port decommissioning must the licensee initiateremoval?

    Within 2 years of port decommissioning, the licensee must 
initiateremoval procedures. The Commandant (G-P) will advise 
andcoordinate with appropriate Federal agencies and the States 
concerningactivities covered by this section.



         Subpart E_Site Evaluation and Pre-Construction Testing



Sec. 148.400  What does this subpart do?

    (a) This subpart prescribes requirements under 33 U.S.C. 1504(b)for 
the activities that are involved in site evaluation and pre-construction 
testing at potential locations for deepwater ports andthat may:
    (1) Adversely affect the environment;
    (2) Interfere with authorized uses of the OCS; or
    (3) Pose a threat to human health and welfare.
    (b) For the purpose of this subpart, ``site evaluation andpre-
construction testing'' means studies performed at potentialdeepwater 
port locations, including:
    (1) Preliminary studies to determine the feasibility of a site;
    (2) Detailed studies of the topographic and geologic structure ofthe 
ocean bottom to determine its ability to support offshorestructures and 
other equipment; and
    (3) Studies done for the preparation of the environmental 
analysisrequired under Sec. 148.105.

[[Page 208]]



Sec. 148.405  What are the procedures for notifying the Commandant (G-P)of proposed site evaluation and pre-construction testing?

    (a) Any person who wants to conduct site evaluation and pre-
construction testing at a potential site for a deepwater port mustsubmit 
a written notice to the Commandant (G-P) at least 30days before the 
beginning of the evaluation or testing. The Commandant(G-P) advises and 
coordinates with appropriate Federal agenciesand the States concerning 
activities covered by this subpart.
    (b) The written notice must include the following:
    (1) The names of all parties participating in the site evaluationand 
pre-construction testing;
    (2) The type of activities and the way they will be conducted;
    (3) Charts showing where the activities will be conducted and 
thelocations of all offshore structures, including pipelines and 
cables,in or near the proposed area;
    (4) The specific purpose for the activities;
    (5) The dates when the activities will begin and end;
    (6) The available data on the environmental consequences of 
theactivities;
    (7) A preliminary report, based on existing data, of thehistorical 
and archeological significance of the area where theproposed activities 
are to take place. The report must includecontacts made with any 
appropriate State liaison officers for historicpreservation; and
    (8) Additional information, if necessary, in individual cases.
    (c) For the following activities, the notice only needs 
theinformation required in paragraphs (b)(1), (b)(2), and (b)(5) of 
thissection, as well as a general indication of the proposed location 
andpurpose of the activities, including:
    (1) Gravity and magneto-metric measurements;
    (2) Bottom and sub-bottom acoustic profiling, within 
specifiedlimits, without the use of explosives;
    (3) Sediment sampling of a limited nature using either core orgrab 
samplers, and the specified diameter and depth to which thesampling 
would penetrate if geological profiles indicate nodiscontinuities that 
may have archeological significance;
    (4) Water and biotic sampling if the sampling does not 
adverselyaffect shellfish beds, marine mammals, or an endangered 
species, or ifthe sampling is permitted by another Federal agency;
    (5) Meteorological measurements, including the setting 
ofinstruments;
    (6) Hydrographic and oceanographic measurements, including 
thesetting of instruments; and
    (7) Small diameter core sampling to determine foundationconditions.
    (d) A separate written notice is required for each site.



Sec. 148.410  What are the conditions for conducting site evaluation and pre-construction testing?

    (a) No person may conduct site evaluation and pre-
constructiontesting unless it complies with this subpart and other 
applicablelaws.
    (b) Measures must be taken to prevent or minimize the effect 
ofactivities under Sec. 148.400(a).



Sec. 148.415  When conducting site evaluation and pre-construction testing, whatmust be reported?

    (a) When conducting site evaluation or pre-construction testing,the 
following must be immediately reported by any means to theCommandant (G-
P):
    (1) Any evidence of objects of cultural, historical, orarcheological 
significance;
    (2) Any adverse effect on the environment;
    (3) Any interference with authorized uses of the OCS;
    (4) Any threat to human health and welfare; and
    (5) Any adverse effect on an object of cultural, historical, 
orarcheological significance.
    (b) Within 120 days after the site evaluation or pre-
constructiontesting, a final written report must be submitted to the 
Commandant(G-P) that contains:
    (1) A narrative description of the activities performed;
    (2) A chart, map, or plat of the area where the activitiesoccurred;

[[Page 209]]

    (3) The dates when the activities were performed;
    (4) Information on the adverse effects of items reported 
underparagraph (a) of this section;
    (5) Data on the historical or archeological significance of thearea 
where the activities were conducted, including a report by anunderwater 
archeologist; and
    (6) Any additional information required by the Commandant(G-P) on a 
case-by-case basis.



Sec. 148.420  When may the Commandant (G-P) suspend or prohibit siteevaluation or pre-construction testing?

    (a) The Commandant (G-P) may order, either in writing ororally, with 
written confirmation, the prohibition or immediatesuspension of any 
activity related to site evaluation or pre-construction testing when the 
activity threatens to harm:
    (1) Human life;
    (2) Biota;
    (3) Property;
    (4) Cultural resources;
    (5) Any valuable mineral deposits; or
    (6) The environment.
    (b) The Commandant (G-P) will consult with the applicant onmeasures 
to remove the cause for suspension.
    (c) The Commandant (G-P) may lift a suspension after theapplicant 
assures the Commandant (G-P) that the activity willno longer cause the 
threat on which the suspension was based.



     Subpart F_Exemption From or Adjustments to Requirements inThis 
                               Subchapter



Sec. 148.500  What does this subpart do?

    This subpart provides procedures for requesting an exemption froma 
requirement in this subchapter. The Commandant (G-P) andMARAD coordinate 
in evaluating requests for exemption from therequirements in this 
subchapter.



Sec. 148.505  How do I apply for an exemption?

    (a) Any person required to comply with a requirement in 
thissubchapter may submit a petition for exemption from that 
requirement.
    (b) The petition must be submitted in writing to the Commandant(G-P) 
and the MARAD Administrator.
    (c) The Commandant (G-P) may require the petition toprovide an 
alternative to the requirement.



Sec. 148.510  What happens when a petition for exemption involves the interestsof an adjacent coastal State?

    If the petition for exemption concerns an adjacent coastal State,the 
Commandant (G-P) forwards the petition to the Governor ofthe State for 
the Governor's recommendation.



Sec. 148.515  When is an exemption allowed?

    The Commandant (G-P) may recommend that MARAD allow anexemption if 
he or she determines that:
    (a) Compliance with the requirement would be contrary to 
publicinterest;
    (b) Compliance with the requirement would not enhance safety orthe 
health of the environment;
    (c) Compliance with the requirement is not practical because oflocal 
conditions or because the materials or personnel needed forcompliance 
are unavailable;
    (d) National security or national economy justifies a departurefrom 
the rules; or
    (e) The alternative, if any, proposed in the petition would:
    (1) Ensure comparable or greater safety, protection of 
theenvironment, and quality of deepwater port construction, 
maintenance,and operation; and
    (2) Be consistent with recognized principles of international law.



Sec. 148.600  What is the limit of financial liability?

    The financial limit for liability for deepwater ports is set 
inaccordance with 33 U.S.C. 2704.



Sec. 148.605  How is the limit of liability determined?

    (a) The Coast Guard may lower the $350,000,000 limit of liabilityfor 
deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph(d) of 
that section, particularly for natural gas deepwater ports thatwill 
store or use oil in much smaller amounts than an oil deepwaterport.

[[Page 210]]

    (b) Requests to adjust the limit of liability for a deepwaterport 
must be submitted to the Commandant (G-P). Adjustments areestablished by 
a rulemaking with public notice and comment that maytake place 
concurrently with the processing of the deepwater portlicense 
application.



       Subpart G_Environmental Review Criteria for Deepwater Ports



Sec. 148.700  How does the Deepwater Port Act interact with other Federal andState laws?

    (a) Nothing in this subpart supersedes any Federal, tribal, orState 
requirements for the protection of the environment.
    (b) The applicant must prepare and submit applications to 
eachrespective agency that requires a permit or license to operate 
theport.
    (c) A list of Federal and State agencies that requirecertification 
includes, but is not limited to:
    (1) The Environmental Protection Agency, for Clean Air Act andClean 
Water Act permits;
    (2) The Pipeline and Hazardous Materials Safety 
Administration,Office of Pipeline Safety; and
    (3) The Mineral Management Service (MMS); or
    (4) Both the Office of Pipeline Safety and MMS for 
pipelineapprovals, and the appropriate State environmental agency 
orpermitting agency.



Sec. 148.702  How were the environmental review criteria developed?

    Under 33 U.S.C. 1505, the Commandant (G-P) must 
establishenvironmental review criteria for use in evaluating a 
proposeddeepwater port. In developing these criteria, the Coast 
Guardconsiders the requirements for compliance with Federal and 
Statemandates for the protection of the environment contained in, but 
notlimited to, such guidance as published by:
    (a) The Council on Environmental Quality in 40 CFR parts1500-1508;
    (b) Department of Homeland Security Directive 5100.1,Environmental 
Planning Program; and
    (c) The Coast Guard in Commandant Instruction M16475.1D, 
NationalEnvironmental Policy Act Implementing Procedures and Policy 
forConsidering Environmental Impacts.



Sec. 148.705  What is determined by the environmental evaluation?

    (a) The environmental criteria to be used in evaluating a 
licenseapplication are established by general consensus of 
expertise,scientific opinion, public interest, and institutional 
requirements,such as laws and regulations established for the protection 
of theenvironment. Criteria that may be established in future 
environmentalregulations or other requirements to protect the 
environment will alsobe used.
    (b) The environmental criteria to be used in evaluating a 
licenseapplication are applied to all relevant aspects of:
    (1) The fabrication, construction, operation, and 
decommissioningphases of a deepwater port;
    (2) The operations of the vessels that serve the port;
    (3) The port's servicing and support activities;
    (4) Shore-based construction and fabrication sites;
    (5) Shoreside supporting facilities, if appropriate, for theproposed 
location; and
    (6) The No Action alternative and other reasonable alternatives.
    (c) The criteria are also applied in a manner that takes intoaccount 
the cumulative effects of other reasonably foreseeable actionsas 
outlined in Sec. 148.707.



Sec. 148.707  What type of criteria will be used in an environmental review andhow will they be applied?

    (a) The license application will be reviewed for the deepwaterport's 
effects on the environment and for the environment's effects onthe port 
and any of its shoreside support facilities.
    (b) The environmental evaluation will be applied to the phases 
ofconstruction, operation, and decommissioning of the proposed 
location,and at least one alternative site. The evaluation will 
determine:
    (1) The effect on the environment, including but not limited to:
    (i) Impacts on endangered species;
    (ii) Essential fish habitat;
    (iii) Marine sanctuaries;

[[Page 211]]

    (iv) Archaeological, cultural and historic sites;
    (v) Water and air;
    (vi) Coastal zone management;
    (vii) Coastal barrier resources; and
    (viii) Wetlands and flood plains.
    (2) The effect on oceanographic currents and wave patterns;
    (3) The potential risks to a deepwater port from waves, 
winds,weather, and geological conditions, and the steps that can be 
taken toprotect against or minimize these dangers; and
    (4) The effect on human health and welfare, includingsocioeconomic 
impacts, environmental justice and protection ofchildren from 
environmental health and safety risks.



Sec. 148.708  Must the applicant's proposal reflect potential regulations?

    Although a regulation is of no effect until it has been 
officiallypromulgated, to minimize the subsequent impact that 
potentialregulations may have on a licensee, an applicant can and 
shouldreflect reasonably foreseeable environmental regulations in 
planning,operating, and decommissioning a deepwater port.



Sec. 148.709  How are these criteria reviewed and revised?

    The Commandant (G-P) periodically reviews and may revisethese 
criteria. Reviews and revisions are conducted in accordance withSec. 
148.700 of this subpart. The criteria established areconsistent with the 
National Environmental Policy Act.



Sec. 148.710  What environmental conditions must be satisfied?

    (a) MARAD may issue a license to construct a deepwater port underthe 
Act, with or without conditions, if certain specified conditionsare met. 
The relevant environmental considerations include, but arenot limited 
to, the following:
    (1) Construction and operation of the deepwater port that will bein 
the national interest and consistent with national security andother 
national policy goals and objectives, including energysufficiency, 
environmental quality, protection from the threat ofterrorist attack and 
other subversive activity against persons andproperty on the port and 
the vessels and crews calling at the port;and
    (2) Under the environmental review criteria inSec. 148.707 of this 
subpart, the applicant has demonstratedthat the deepwater port will be 
fabricated, constructed, operated, anddecommissioned using the best 
available technology to prevent orminimize adverse impacts on the marine 
environment (33 U.S.C. 1503(c)(3), 1504(f) and 1505(a)(1)).
    (b) Under 33 U.S.C. 1504(f), these criteria must be considered inthe 
preparation of a single detailed environmental impact statement 
orenvironmental assessment for all timely applications covering a 
singleapplication area. Additionally, 33 U.S.C. 1504(i)(3) specifies 
that ifmore than one application is submitted for an 
``applicationarea,'' as defined in 33 U.S.C. 1504(d)(2), the criteria 
must beused, among other factors, in determining whether any one 
proposeddeepwater port for oil clearly best serves the national 
interest.
    (c) In accordance with 40 CFR 1502.9, the Commandant (G-P)will 
prepare a supplement to a final environmental impact statement ifthere 
is significant new information or circumstances relevant toenvironmental 
concerns and bearing on the deepwater port and relatedactivities 
affecting its location site, construction, operation ordecommissioning.



Sec. 148.715  How is an environmental review conducted?

    The environmental review of a proposed deepwater port andreasonable 
alternatives consists of Federal, tribal, State, and publicreview of the 
following two parts:
    (a) An evaluation of the proposal's completeness of 
environmentalinformation and quality of assessment, probable 
environmental impacts,and identification of procedures or technology 
that might mitigateprobable adverse environmental impacts through 
avoiding, minimizing,rectifying, reducing, eliminating, or compensating 
for those impacts;and
    (b) An evaluation of the effort made under the proposal tomitigate 
its probable environmental impacts. This evaluation willassess the 
applicant's consideration of the criteria in

[[Page 212]]

Sec. Sec. 148.720 through 148.740 of this subpart.



Sec. 148.720  What are the siting criteria?

    In accordance with Sec. 148.715(b), the proposed andalternative 
sites for the deepwater port will be evaluated on thebasis of how well 
each:
    (a) Optimizes location to prevent or minimize 
detrimentalenvironmental effects;
    (b) Minimizes the space needed for safe and efficient operation;
    (c) Locates offshore components in areas with stable sea 
bottomcharacteristics;
    (d) Locates onshore components where stable foundations can 
bedeveloped;
    (e) Minimizes the potential for interference with its safeoperation 
from existing offshore structures and activities;
    (f) Minimizes the danger posed to safe navigation by 
surroundingwater depths and currents;
    (g) Avoids extensive dredging or removal of natural obstacles suchas 
reefs;
    (h) Minimizes the danger to the port, its components, and 
tankerscalling at the port from storms, earthquakes, or other 
naturalhazards;
    (i) Maximizes the permitted use of existing work areas,facilities, 
and access routes;
    (j) Minimizes the environmental impact of temporary work 
areas,facilities, and access routes;
    (k) Maximizes the distance between the port, its components, 
andcritical habitats including commercial and sport fisheries, 
threatenedor endangered species habitats, wetlands, flood plains, 
coastalresources, marine management areas, and essential fish habitats;
    (l) Minimizes the displacement of existing or potential mining,oil, 
or gas exploration and production or transportation uses;
    (m) Takes advantage of areas already allocated for similar 
use,without overusing such areas;
    (n) Avoids permanent interference with natural processes orfeatures 
that are important to natural currents and wave patterns; and
    (o) Avoids dredging in areas where sediments contain high levelsof 
heavy metals, biocides, oil or other pollutants or hazardousmaterials, 
and in areas designated wetlands or other protected coastalresources.



Sec. 148.722  Should the construction plan incorporate best available technologyand recommended industry practices?

    Each applicant must submit a proposed construction plan. It 
mustincorporate best available technology and recommended 
industrypractices as directed in Sec. 148.730.



Sec. 148.725  What are the design, construction and operational criteria?

    In accordance with Sec. 148.720(b), the deepwater portproposal and 
reasonable alternatives will be evaluated on the basis ofhow well they:
    (a) Reflect the use of best available technology in 
design,construction procedures, operations, and decommissioning;
    (b) Include safeguards, backup systems, procedures, and 
responseplans to minimize the possibility and consequences of 
pollutionincidents such as spills and discharges, while permitting 
safeoperation with appropriate safety margins under maximum 
operatingloads and the most adverse operating conditions;
    (c) Provide for safe, legal, and environmentally sound 
wastedisposal, resource recovery, affected area reclamation, and 
enhanceduse of spoil and waste;
    (d) Avoid permanent interference with natural processes orfeatures 
that are important to natural currents and wave patterns;
    (e) Avoid groundwater drawdown or saltwater intrusion, andminimizes 
mixing salt, fresh, and brackish waters;
    (f) Avoid disrupting natural sheet flow, water flow, and 
drainagepatterns or systems;
    (g) Avoid interference with biotic populations, especiallybreeding 
habitats or migration routes;
    (h) Maximize use of existing facilities;
    (i) Provide personnel trained in oil spill prevention at 
criticallocations identified in the accident analysis;

[[Page 213]]

    (j) Provide personnel trained in oil spill mitigation; and
    (k) Plan for safe and effective removal of the deepwater port inthe 
event of its decommissioning.



Sec. 148.730  What are the land use and coastal zone management criteria?

    In accordance with Sec. 148.715(b), the deepwater portproposal and 
reasonable alternatives will be evaluated on the basis ofhow well they:
    (a) Accord with existing and planned land use, includingmanagement 
of the coastal region, for which purpose the proposal mustbe accompanied 
by a consistency determination from appropriate Stateagencies for any 
designated adjacent coastal State;
    (b) Adhere to proposed local and State master plans;
    (c) Minimize the need for special exceptions, zoning variances, 
ornon-conforming uses;
    (d) Plan flood plain uses in ways that will minimize wetlandsloss, 
flood damage, the need for federally-funded flood protection orflood 
relief, or any decrease in the public value of the flood plainas an 
environmental resource; and
    (e) Avoid permanent alteration or harm to wetlands, and takepositive 
steps to minimize adverse effects on wetlands.



Sec. 148.735  What are other critical criteria that must be evaluated?

    In accordance with Sec. 148.715(b), the deepwater portproposal and 
reasonable alternatives will be evaluated on the basis ofhow well they:
    (a) Avoid detrimental effects on human health and safety;
    (b) Pose no compromise to national security;
    (c) Account for the historic, archeological, and 
culturalsignificance of the area, including any potential requirements 
forhistorical preservation;
    (d) Minimize harmful impacts to minorities and children; and
    (e) Plan for serious consideration of the proposal that offers 
theleast potential for environmental harm to the region, or 
potentialmitigation actions, when conflict exists between two or more 
proposeduses for a site.



Sec. 148.737  What environmental statutes must an applicant follow?

    In constructing and operating a deepwater port, the port mustcomply 
with all applicable Federal, State, and tribal environmentalstatutes. 
For the purposes of information, a list of Federalenvironmental statutes 
and Executive Orders (E.O.s) that may applyincludes but is not limited 
to: Abandoned Shipwreck Act (ASA), 43U.S.C. 2102, et. seq.; American 
Indian Religious Freedom Act(AIRFA), 42 U.S.C. 1996, et. seq.; 
Antiquities Act, 16 U.S.C.433, et. seq.; Archeological and Historic 
Preservation Act(AHPA), 16 U.S.C. 469; Archeological Resources 
Protection Act (AHPA),16 U.S.C. 470 aa-ll, et. seq.; Architectural 
BarriersAct, 42 U.S.C. 4151, et. seq.; Clean Air Act (CAA), Pub. L.95-
95, 42 U.S.C. 7401, et. seq.; Clean Water Act of 1977(CWA), Pub. L. 95-
217, 33 U.S.C. 1251, et. seq.; CoastalBarrier Resources Act (CBRA), Pub. 
L. 97-348, 16 U.S.C. 3510,et. seq.; Coastal Zone Management Act (CZMA), 
Pub. L.92-583, 16 U.S.C. 1451, et. seq.; Community EnvironmentalResponse 
Facilitation Act (CERFA), 42 U.S.C. 9620, et. seq.;Comprehensive 
Environmental Response, Compensation, and Liability Actof 1980 (CERCLA), 
also commonly referred to as Superfund, Pub. L.96-510, 26 U.S.C. 4611, 
et. seq.; Consultation andCoordination With Indian Tribal Governments, 
E.O. 13175, 65 FR 67249;Coral Reef Protection, E.O. 13089, 63 FR 32701; 
Department ofTransportation Act, Section 4(f), Pub. L. 89-670, 49 
U.S.C.303, Section 4(f), et. seq.; Emergency Planning and 
CommunityRight-to-Know Act, 42 U.S.C. 11001-11050, et. seq.;Endangered 
Species Act of 1973 (ESA), Pub. L. 93-205, 16 U.S.C.1531, et. seq.; 
Energy Efficiency and Water Conservation atFederal Facilities, E.O. 
12902, 59 FR 11463; Environmental EffectsAbroad of Major Federal 
Agencies, E.O. 12114, 44 FR 1957;Environmental Quality Improvement Act, 
Pub. L. 98-581, 42U.S.C. 4371, et. seq.; Farmlands Protection Policy 
Act, Pub. L.97-98, 7 U.S.C. 4201, et. seq.; Federal Actions toAddress 
Environmental Justice in Minority Populations and Low-IncomePopulations, 
E.O. 12898, 59 FR 7629; Federal Compliance with PollutionControl 
Standards, E.O. 12088, 43 FR 47707; Federal Insecticide,Fungicide, and

[[Page 214]]

Rodenticide Act, Pub. L. 86-139, 7 U.S.C.135, et. seq.; Federal Records 
Act (FRA), 44 U.S.C.2101-3324, et. seq.; Federalism, E.O. 13083, Fish 
andWildlife Act of 1956, Pub. L. 85-888, 16 U.S.C. 742, et.seq.; Fish 
and Wildlife Coordination Act, (Pub. L. 85-624,16 U.S.C. 661, et. seq.; 
Fisheries Conservation and Recovery Actof 1976, Pub. L. 94-265, 16 
U.S.C. 1801, et. seq.; FloodDisaster Protection Act, 42 U.S.C. 4001, et. 
seq.; Flood PlainManagement and Protection, E.O. 11988, 42 FR 26951; 
Greening theGovernment Through Leadership in Environmental Management, 
E.O. 13148,65 FR 24595; 63 FR 49643; Historic Sites Act, 16 U.S.C. 46, 
et.seq.; Indian Sacred Sites, E.O. 13007, 61 FR 26771;Intergovernmental 
Review of Federal Programs E.O. 12372, 47 FR 30959;Invasive Species, 
E.O. 13112, 64 FR 6183; Locating Federal Facilitieson Historic 
Properties in our Nation's Central Cities, E.O. 13006, 61FR 26071; 
Magnuson-Stevens Fishery Conservation and Management Act asamended 
through October 11, 1996, 16 U.S.C. 1801, et. seq.;Marine Mammal 
Protection Act of 1972 (MMPA), Pub. L. 92-522, 16U.S.C. 1361; Marine 
Protected Areas, E.O. 13158, 65 FR 24909; MarineProtection, Research, 
and Sanctuaries Act of 1972, Pub. L.92-532, 16 U.S.C. 1431, et. seq. and 
33 U.S.C. U.S.C.1401, et. seq.; Migratory Bird Treaty Act, 16 U.S.C.703-
712, et. seq.; National Environmental Policy Act of1969 (NEPA), Pub. L. 
91-190, 42 U.S.C. 4321, et. seq.;National Historic Preservation Act of 
1996 (NHPA), Pub. L.89-665, 16 U.S.C. 470, et. seq.; Native American 
GravesProtection and Repatriation Act (NAGPRA), 25 U.S.C. 3001, et.seq.; 
Noise Control Act of 1972, Pub. L. 92-574, 42 U.S.C.4901, et. seq.; 
Pollution Prevention Act of 1990 (PPA), 42U.S.C. 13101-13109, et. seq.; 
Protection and Enhancementof Cultural Environmental Quality, E.O. 11593, 
36 FR 8921; Protectionand Enhancement of Environmental Quality, E.O. 
11514, 35 FR 4247;Protection of Children from Environmental Health and 
Safety Risks,E.O. 13045, 62 FR 19885; Protection of Wetlands, E.O. 
11990, 42 FR26961; Recreational Fisheries, E.O. 12962, 60 FR 307695; 
ResourceConservation and Recovery Act of 1976 (RCRA), Pub. L. 94-580,42 
U.S.C. 6901, et. seq.; Responsibilities of Federal Agenciesto Protect 
Migratory Birds, E.O. 13186, 66 FR 3853; Safe DrinkingWater Act (SDWA), 
Pub. L. 93-523, 42, U.S.C. 201, et.seq.; Toxic Substances Control Act 
(TSCA), 7 U.S.C. 136, et.seq.; and Wild and Scenic Rivers Act, Pub. L. 
90-542, 16U.S.C. 1271, et. seq.



PART 149_DEEPWATER PORTS: DESIGN, CONSTRUCTION,AND EQUIPMENT--Table of Contents




                            Subpart A_General

Sec.
149.1 What does this part do?
149.5 What definitions apply to this part?
149.10 Where can I obtain a list of Coast Guard-approvedequipment?
149.15 What is the process for submitting alterations andmodifications 
          affecting the design and construction of a deepwaterport?

                Subpart B_Pollution Prevention Equipment

149.100 What does this subpart do?
149.103 What are the requirements for discharge containmentand removal 
          material and equipment?
149.105 What are the requirements for the overflow andrelief valves?
149.110 What are the requirements for pipeline end manifoldshutoff 
          valves?
149.115 What are the requirements for blank flange andshutoff valves?
149.120 What are the requirements for manually operatedshutoff valves?
149.125 What are the requirements for the malfunctiondetection system?
149.130 What are the requirements for the cargo transfersystem alarm?
149.135 What should be marked on the cargo transfer systemalarm switch?
149.140 What communications equipment must be on a deepwaterport?
149.145 What are the requirements for curbs, gutters,drains, and 
          reservoirs?

                     Subpart C_Lifesaving Equipment

149.300 What does this subpart do?

                   Manned Deepwater Port Requirements

149.301 What are the requirements for lifesaving equipment?
149.302 What are the requirements when lifesaving equipmentis repaired 
          or replaced?
149.303 What survival craft and rescue boats may be used ona manned 
          deepwater port?
149.304 What type and how many survival craft and rescueboats must a 
          manned deepwater port have?

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149.305 What are the survival craft requirements fortemporary personnel?
149.306 What are the requirements for lifeboats?
149.307 What are the requirements for free-fall lifeboats?
149.308 What are the requirements for liferafts?
149.309 What are the requirements for marine evacuationsystems?
149.310 What are the muster and embarkation requirements forsurvival 
          crafts?
149.311 What are the launching and recovery requirements forlifeboats?
149.312 What are the launching equipment requirements forinflatable 
          liferafts?
149.313 How must survival craft be arranged?
149.314 What are the approval and stowage requirements forrescue boats?
149.315 What embarkation, launching, and recoveryarrangements must 
          rescue boats meet?
149.316 What are the requirements for lifejackets?
149.317 How and where must lifejackets be stowed?
149.318 Must every person on the port have a lifejacket?
149.319 What additional lifejackets must I have?
149.320 What are the requirements for ring life buoys?
149.321 How many ring life buoys must be on each deepwaterport?
149.322 Where must ring life buoys be located and how mustthey be 
          stowed?
149.323 What are the requirements for first aid kits?
149.324 What are the requirements for litters?
149.325 What emergency communications equipment must be on amanned 
          deepwater port?
149.326 What are the immersion suit requirements?
149.327 What are the approval requirements for work vestsand anti-
          exposure (deck) suits?
149.328 How must work vests and anti-exposure (deck) suitsbe stowed?
149.329 How must work vests and deck suits be marked?
149.330 When may a work vest or deck suit be substituted fora 
          lifejacket?
149.331 What are the requirements for hybrid personalflotation devices?
149.332 What are the requirements for inflatablelifejackets?
149.333 What are the marking requirements for lifesavingequipment?

                  Unmanned Deepwater Port Requirements

149.334 Who must ensure compliance with the requirements forunmanned 
          deepwater ports?
149.335 When are people prohibited from being on an unmanneddeepwater 
          port?
149.336 What are the requirements for lifejackets?
149.337 What are the requirements for ring life buoys?
149.338 What are the requirements for immersion suits?
149.339 What is the requirement for previously approvedlifesaving 
          equipment on a deepwater port?
149.340 What are the requirements for lifesaving equipmentthat is not 
          required by this subchapter?

          Subpart D_Firefighting and Fire-Protection Equipment

149.400 What does this subpart apply to?
149.401 What are the general requirements for firefightingand fire 
          protection equipment?
149.402 What firefighting and fire protection equipment mustbe approved 
          by the Coast Guard?
149.403 How may I request the use of alternate orsupplemental 
          firefighting and fire prevention equipment or procedures?

                        Firefighting Requirements

149.404 Can I use firefighting equipment that has no CoastGuard 
          standards?
149.405 How are fire extinguishers classified?
149.406 What are the approval requirements for a fireextinguisher?
149.407 Must fire extinguishers be on the deepwater port atall times?
149.408 What are the maintenance requirements for fireextinguishers?
149.409 How many fire extinguishers are needed?
149.410 Where must portable and semi-portable fireextinguishers be 
          located?
149.411 What are the requirements for firemen's outfits?
149.412 How many fire axes are needed?
149.413 On a manned deepwater port, what spaces require afixed fire 
          extinguishing system?
149.414 What are the requirements for a fire detection andalarm system?
149.415 What are the requirements for a fire main system ona manned 
          deepwater port?
149.416 What are the requirements for a dry chemical firesuppression 
          system?
149.417 What firefighting equipment must a helicopterlanding deck on a 
          manned deepwater port have?
149.418 What fire-protection system must a helicopterfueling facility 
          have?
149.419 Can the water supply for the helicopter deck fireprotection 
          system be part of a fire water system?
149.420 What are the fire protection requirements for escaperoutes?

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149.421 What is the requirement for a previouslyapproved fire detection 
          and alarm system on a deepwater port?

                      Subpart E_Aids to Navigation

                                 General

149.500 What does this subpart do?
149.505 What are the general requirements for aids tonavigation?
149.510 How do I get permission to establish an aid tonavigation?

                                 Lights

149.520 What kind of lights are required?

                           Lights on Platforms

149.535 What are the requirements for rotating beacons onplatforms?

                     Lights on Single Point Moorings

149.540 What are the requirements for obstruction lights onan single 
          point mooring?

                     Lights on Floating Hose Strings

149.550 What are the requirements for lights on a floatinghose string?

              Lights on Buoys Used to Define Traffic Lanes

149.560 How must buoys used to define traffic lanes bemarked and 
          lighted?
149.565 What are the required characteristics and intensityof lights on 
          buoys used to define traffic lanes?

                              Miscellaneous

149.570 How is a platform, single point mooring, orsubmerged turret 
          loading identified?
149.575 How must objects protruding from the water, otherthan platforms 
          and single point moorings, be marked?
149.580 What are the requirements for a radar beacon?
149.585 What are the requirements for sound signals?

                     Subpart F_Design and Equipment

                                 General

149.600 What does this subpart do?
149.610 What must the District Commander be notified of andwhen?
149.615 What construction drawings and specifications arerequired?
149.620 What happens when the Commandant (G-P)reviews and evaluates the 
          construction drawings and specifications?
149.625 What are the design standards?

                       Structural Fire Protection

149.640 What are the requirements for fire protectionsystems?
149.641 What are the structural fire protection requirementsfor 
          accommodation spaces and modules?

                          Single Point Moorings

149.650 What are the requirements for single point mooringsand their 
          attached hoses?

                      Helicopter Fueling Facilities

149.655 What are the requirements for helicopter fuelingfacilities?

                             Emergency Power

149.660 What are the requirements for emergency power?

                          General Alarm System

149.665 What are the requirements for a general alarmsystem?
149.670 What are the requirements for marking a generalalarm system?

                          Public Address System

149.675 What are the requirements for the public addresssystem?

                         Medical Treatment Rooms

149.680 What are the requirements for medical treatmentrooms?
149.685 May a medical treatment room be used for otherpurposes?

                              Miscellaneous

149.690 What are the requirements for means of escape,personnel 
          landings, guardrails, similar devices, and for noise limits?

                             Means of Escape

149.691 What means of escape are required?
149.692 Where must they be located?

                           Personnel Landings

149.693 What are the requirements for personnel landings onmanned 
          deepwater ports?

                     Guardrails and Similar Devices

149.694 What are the requirements for catwalks, floors, andopenings?
149.695 What are the requirements for stairways?
149.696 What are the requirements for a helicopter landingdeck safety 
          net?

                              Noise Limits

149.697 What are the requirements for a noise level survey?

[[Page 217]]

                             Portable Lights

149.700 What kind of portable lights may be used on adeepwater port?

    Authority: 33 U.S.C. 1504; Department of HomelandSecurity Delegation 
No. 0170.1 (75).

    Source: 71 FR 57651, Sept. 29, 2006, unless otherwisenoted.



                            Subpart A_General



Sec. 149.1  What does this part do?

    This part provides requirements for the design and construction 
ofdeepwater ports. It also provides the requirements for equipment 
fordeepwater ports.



Sec. 149.5  What definitions apply to this part?

    Definitions applicable to this part appear in 33 CFR 148.5. 
Inaddition, the following terms are used in this part and have 
theindicated meanings:
    Accommodation module means a module with one or moreaccommodation 
spaces that is individually contracted and may be usedfor one or more 
facilities.
    Major conversion means a conversion, as determined by theCommandant 
(G-P), that substantially changes the dimensions ofa facility, 
substantially changes the water depth capability of afixed facility, 
substantially changes the carrying capacity of afloating facility, 
substantially changes the processing equipment,changes the type of a 
facility, substantially prolongs the life of afacility, or otherwise so 
changes the facility that it is essentiallya new facility.
    Service space means a space used for a galley, a pantrycontaining 
cooking appliances, a storeroom, or a workshop other thanthose in 
industrial areas, and trunks to those spaces.
    Sleeping space means a space provided with bunks forsleeping.



Sec. 149.10  Where can I obtain a list of Coast Guard-approved equipment?

    Where equipment in this subchapter must be of an approved type,the 
equipment must be specifically approved by the Commandant(G-P) and the 
Marine Safety Center. A list of approvedequipment, including all of the 
approval series, is available at:http://cgmix.uscg.mil/Equipment.



Sec. 149.15  What is the process for submitting alterations and modificationsaffecting the design and construction of a deepwater port?

    (a) Alterations and modifications affecting the design 
andconstruction of a deepwater port must be submitted to the 
Commandant(G-P) for review and approval if:
    (1) A license has not yet been issued; or,
    (2) A license has been issued but the port has not 
commencedoperations; or,
    (3) The alteration and modification are deemed a major 
conversion;or,
    (4) The alteration or modification substantially changes themanner 
in which the port operates or is not in accordance with acondition of 
the license.
    (b) All other alterations and modifications to the deepwater 
portmust be submitted to the Officer in Charge of Marine Inspection 
(OCMI)for review and approval.
    (c) Approval for alterations and modifications proposed after 
alicense has been issued will be contingent upon whether the 
proposedchanges will affect the way the port operates, or any 
conditionsimposed in the license.
    (d) The licensee is not authorized to proceed with alterationsprior 
to approval from the Commandant (G-P) for the conditionsoutlined in 
paragraph (a) and approval by the cognizant OCMI asrequired in paragraph 
(b) of this section.
    (e) The Commandant (G-P), during the review and approvalprocess of a 
proposed alteration or modification, may consult with theMarine Safety 
Center and cooperating Federal agencies possessingrelevant technical 
expertise.



                Subpart B_Pollution Prevention Equipment



Sec. 149.100  What does this subpart do?

    This subpart provides requirements for pollution equipment 
ondeepwater ports.

[[Page 218]]



Sec. 149.103  What are the requirements for discharge containment and removalmaterial and equipment?

    (a) Each deepwater port must have a facility response plan thatmeets 
the requirements outlined in subpart F, part 154, of thischapter, and be 
approved by the cognizant Captain of the Port.
    (b) The facility response plan must identify adequate 
spillcontainment and removal equipment for port-specific spill 
scenarios.
    (c) Response equipment and material must be pre-positioned forready 
access and use on board the deepwater port.



Sec. 149.105  What are the requirements for the overflow and relief valves?

    (a) Each oil and natural gas transfer system (OTS/NGTS) mustinclude 
a relief valve that, when activated, prevents pressure on anycomponent 
of the OTS/NGTS from exceeding its maximum rated pressure.
    (b) The transfer system overflow or relief valve must not allow 
adischarge into the sea.



Sec. 149.110  What are the requirements for pipeline end manifold shutoffvalves?

    Each pipeline end manifold must have a shutoff valve capable 
ofoperating both manually and from the pumping platform complex.



Sec. 149.115  What are the requirements for blank flange and shutoff valves?

    Each floating hose string must have a blank flange and a 
shutoffvalve at the vessel's manifold end.



Sec. 149.120  What are the requirements for manually operated shutoff valves?

    Each oil and natural gas transfer line passing through a singlepoint 
mooring buoy system must have a manual shutoff valve.



Sec. 149.125  What are the requirements for the malfunction detection system?

    (a) Each oil and natural gas system, between a pumping 
platformcomplex and the shore, must have a system that can detect and 
locateleaks and other malfunctions, particularly in high-risk areas.
    (b) The marine transfer area on an oil deepwater port must 
beequipped with a monitoring system in accordance withSec. 154.525 of 
this chapter.
    (c) A natural gas deepwater port must be equipped with gasdetection 
equipment adequate for the type of transfer system,including storage and 
regasification, used. The Commandant(G-P) will evaluate proposed leak-
detection systems for naturalgas on an individual basis.



Sec. 149.130  What are the requirements for the cargo transfer system alarm?

    (a) Each cargo transfer system must have an alarm to signal 
amalfunction or failure in the system.
    (b) The alarm must sound automatically in the control room and:
    (1) Be capable of being activated at the pumping platform complex;
    (2) Have a signal audible in all areas of the pumping 
platformcomplex, except in areas under paragraph (b)(3) of this section;
    (3) Have a high intensity flashing light in areas of high 
ambientnoise levels where hearing protection is required underSec. 
150.615 of this chapter; and
    (4) Be distinguishable from the general alarm.
    (c) Tankers calling on unmanned deepwater ports must be equippedwith 
a transfer system alarm described in this section.



Sec. 149.135  What should be marked on the cargo transfer system alarm switch?

    Each switch for activating an alarm, and each audio or visualdevice 
for signaling an alarm, must be identified by the words``Oil Transfer 
Alarm'' or ``Natural Gas TransferAlarm'' in red letters at least 1 inch 
high on a yellowbackground.



Sec. 149.140  What communications equipment must be on a deepwater port?

    (a) Each deepwater port must have the following 
communicationsequipment:
    (1) A system for continuous two-way voice communication among 
thedeepwater port, the tankers, the support

[[Page 219]]

vessels, and othervessels operating at the port. The system must be 
usable and effectivein all phases of a transfer and in all conditions of 
weather at theport;
    (2) A means to indicate the need to use the communication 
systemrequired by this section, even if the means is the 
communicationsystem itself; and
    (3) Equipment that, for each portable means of communication usedto 
meet the requirements of this section, is:
    (i) Certified under 46 CFR 111.105-11 to be operated inGroup D, 
Class 1, Division 1 Atmosphere; and,
    (ii) Permanently marked with the certification required inparagraph 
(a)(3)(i) of this section. As an alternative to this markingrequirement, 
a document certifying that the portable radio devices inuse are in 
compliance with this section may be kept at the deepwaterport.
    (b) The communication system of the tank ship mooring at anunmanned 
port will be deemed the primary means of communicating withsupport 
vessels, shore side, etc.



Sec. 149.145  What are the requirements for curbs, gutters, drains, andreservoirs?

    Each pumping platform complex must have enough curbs, 
gutters,drains, and reservoirs to collect, in the reservoirs, all oil 
andcontaminants not authorized for discharge into the ocean according 
tothe port's National Pollution Discharge Elimination System permit.



                     Subpart C_Lifesaving Equipment



Sec. 149.300  What does this subpart do?

    This subpart provides requirements for lifesaving equipment 
ondeepwater ports.

                   Manned Deepwater Port Requirements



Sec. 149.301  What are the requirements for lifesaving equipment?

    (a) Each deepwater port on which at least one person occupies 
anaccommodation space for more than 30 consecutive days in anysuccessive 
12-month period must comply with the requirements forlifesaving 
equipment in this subpart.
    (b) Each deepwater port, not under paragraph (a) of this 
section,must comply with the requirements for lifesaving equipment 
forunmanned deepwater ports in this subpart.



Sec. 149.302  What are the requirements when lifesaving equipment is repaired orreplaced?

    When lifesaving equipment is replaced, or when the deepwater 
portundergoes a repair, alteration, or modification that 
involvesreplacing or adding to the lifesaving equipment, the new 
lifesavingequipment must meet the requirements of this subpart.



Sec. 149.303  What survival craft and rescue boats may be used on a manneddeepwater port?

    (a) Each survival craft on a manned deepwater port must be one ofthe 
following:
    (1) A lifeboat meeting the requirements of Sec. 149.306of this 
subpart; or
    (2) A liferaft meeting the requirements of Sec. 149.308of this 
subpart.
    (b) Each rescue boat on a manned deepwater port must be a rescueboat 
meeting the requirements of Sec. 149.314 of thissubpart.



Sec. 149.304  What type and how many survival craft and rescue boats must amanned deepwater port have?

    (a) Except as specified under Sec. 149.305 of thissubpart, each 
manned deepwater port must have at least the type andnumber of survival 
craft and the number of rescue boats indicated forthe deepwater port in 
paragraphs (a)(1) through (a)(5) of thissection.
    (1) For a deepwater port with 30 or fewer persons on board:
    (i) One or more lifeboats with a total capacity of 100 percent ofthe 
personnel on board;
    (ii) One or more liferafts with a total capacity of 100 percent 
ofthe personnel on board; and
    (iii) One rescue boat, except that the rescue boat is not 
requiredfor deepwater ports with eight or fewer persons on board.
    (2) For a deepwater port with 31 or more persons on board:

[[Page 220]]

    (i) At least two lifeboats with a total capacity of 100percent of 
the personnel on board;
    (ii) One or more liferafts with a total capacity so that, if 
thesurvival craft at any one location are rendered unusable, there 
willbe craft remaining with a total capacity of 100 percent of 
thepersonnel on board; and
    (iii) One rescue boat.
    (3) Lifeboats may be substituted for liferafts.
    (4) Capacity refers to the total number of persons on thedeepwater 
port at any one time, not including temporary personnel.Temporary 
personnel include: contract workers, official visitors, andany other 
persons who are not permanent employees. SeeSec. 149.305 of this 
subpart for additional survival craftrequirements when temporary 
personnel are on board.
    (5) The required lifeboats may be used as rescue boats if 
thelifeboats also meet the requirements for rescue boats inSec. 149.314 
of this subpart.
    (b) Deepwater ports consisting of novel structures or acombination 
of fixed and/or floating structures may require additionalsurvival craft 
as deemed necessary by the Commandant (G-P). Inthese cases, the type and 
number of survival craft must be specifiedin the operations manual.



Sec. 149.305  What are the survival craft requirements for temporary personnel?

    (a) When temporary personnel are on board a manned deepwater portand 
the complement exceeds the capacity of the survival craft requiredunder 
Sec. 149.304 of this subpart, the port must haveadditional liferafts to 
ensure that the total capacity of the survivalcraft is not less than 150 
percent of the personnel on board at anytime.
    (b) The liferafts required in paragraph (a) of this section neednot 
meet the launching requirements of paragraph (b) toSec. 149.308 of this 
subpart, but must comply with thestowage requirements of 46 CFR 
108.530(c).



Sec. 149.306  What are the requirements for lifeboats?

    (a) Lifeboats must be:
    (1) Totally enclosed, fire-protected, and approved under 
approvalseries 160.135; and
    (2) If the hull or canopy is of aluminum, it must be protected inits 
stowage position by a water spray system meeting the requirementsof 46 
CFR 34.25.
    (b) Each lifeboat must have at least the provisions and 
survivalequipment required by 46 CFR 108.575(b).
    (c) Except for boathooks, the equipment under paragraph (b) ofthis 
section must be securely stowed in the lifeboat.
    (d) Each lifeboat must have a list of the equipment it is requiredto 
carry under paragraph (c) of this section. The list must be postedin the 
lifeboat.
    (e) The manufacturer's instructions for maintenance and repair ofthe 
lifeboat, required under Sec. 150.502(a) of thischapter, must be in the 
lifeboat or on the deepwater port.



Sec. 149.307  What are the requirements for free-fall lifeboats?

    All free-fall lifeboats must be approved under approval 
series160.135.



Sec. 149.308  What are the requirements for liferafts?

    (a) Each liferaft must be an inflatable liferaft approved 
underapproval series 160.151, or a rigid liferaft approved under 
approvalseries 160.118.
    (b) Except as under Sec. 149.305(b) of this subpart,each inflatable 
or rigid liferaft, boarded from a deck that is morethan 4.5 meters 
(14.75 feet) above the water, must be davit-launchedor served by a 
marine evacuation system complying withSec. 149.309 to this subpart.



Sec. 149.309  What are the requirements for marine evacuation systems?

    All marine evacuation systems must be approved under approvalseries 
160.175 and comply with the launching arrangement requirementsfor mobile 
offshore drilling units in 46 CFR 108.545.

[[Page 221]]



Sec. 149.310  What are the muster and embarkation requirements for survivalcraft?

    Muster and embarkation arrangements for survival craft must 
complywith 46 CFR 108.540.



Sec. 149.311  What are the launching and recovery requirements for lifeboats?

    (a) Each lifeboat launched by falls must have a launching 
andrecovery system that complies with 46 CFR 108.555.
    (b) Each free-fall lifeboat must have a launching and recoverysystem 
that complies with 46 CFR 108.557.



Sec. 149.312  What are the launching equipment requirements for inflatableliferafts?

    (a) Each inflatable liferaft not intended for davit launching mustbe 
capable of rapid deployment.
    (b) Each liferaft capable of being launched by a davit must havethe 
following launching equipment at each launching station:
    (1) A launching device approved under approval series 160.163; and
    (2) A mechanical disengaging apparatus approved under approvalseries 
160.170.
    (c) The launching equipment must be operable, both from within 
theliferaft and from the deepwater port.
    (d) Winch controls must be located so that the operator canobserve 
the liferaft launching.
    (e) The launching equipment must be arranged so that a 
loadedliferaft does not have to be lifted before it is lowered.
    (f) Not more than two liferafts may be launched from the same setof 
launching equipment.



Sec. 149.313  How must survival craft be arranged?

    The operator must arrange survival craft so that they meet 
therequirements of 46 CFR 108.525 (a) and Sec. 108.530 and:
    (a) Are readily accessible in an emergency;
    (b) Are accessible for inspection, maintenance, and testing;
    (c) Are in locations clear of overboard discharge piping oropenings, 
and obstructions below; and
    (d) Are located so that survival craft with an aggregate capacityto 
accommodate 100% of the total number of persons authorized to beberthed 
are readily accessible from the personnel berthing area.



Sec. 149.314  What are the approval and stowage requirements for rescue boats?

    (a) Rescue boats must be approved under approval series 160.156. 
Alifeboat is acceptable as a rescue boat if it also meets 
therequirements for a rescue boat under approval series 160.156.
    (b) The stowage of rescue boats must comply with 46 CFR 108.565.



Sec. 149.315  What embarkation, launching, and recovery arrangements must rescueboats meet?

    (a) Each rescue boat must be capable of being launched in acurrent 
of up to 5 knots. A painter may be used to meet thisrequirement.
    (b) Each rescue boat embarkation and launching arrangement 
mustpermit the rescue boat to be boarded and launched in the 
shortestpossible time.
    (c) If the rescue boat is one of the deepwater port's survivalcraft, 
then the rescue boat must comply with the muster andembarkation 
arrangement requirements of Sec. 149.310.
    (d) The rescue boat must comply with the embarkation 
arrangementrequirements of 46 CFR 108.555.
    (e) If the launching arrangement uses a single fall, the rescueboat 
may have an automatic disengaging apparatus, approved underapproval 
series 160.170, instead of a lifeboat release mechanism.
    (f) The rescue boat must be capable of being recovered rapidlywhen 
loaded with its full complement of persons and equipment. If alifeboat 
is being used as a rescue boat, rapid recovery must bepossible when 
loaded with its lifeboat equipment and a rescue boat'scomplement of at 
least six persons.
    (g) Each rescue boat launching appliance must be fitted with 
apowered winch motor.
    (h) Each rescue boat launching appliance must be capable ofhoisting 
the rescue boat, when loaded with its full

[[Page 222]]

complement ofpersons and equipment, at a rate of not less than 59 feet 
per minute.
    (i) The operator may use an onboard crane to launch a rescue boatif 
the crane's launching system meets the requirements of thissection.



Sec. 149.316  What are the requirements for lifejackets?

    (a) Each lifejacket must be approved under approval series160.002, 
160.005, 160.055, 160.077, or 160.176.
    (b) Each lifejacket must have a light approved under approvalseries 
161.012. Each light must be securely attached to the frontshoulder area 
of the lifejacket.
    (c) Each lifejacket must have a whistle permanently attached by 
acord.
    (d) Each lifejacket must be fitted with Type I 
retroreflectivematerial, approved under approval series 164.018.



Sec. 149.317  How and where must lifejackets be stowed?

    (a) The operator must ensure that lifejackets are stowed inreadily 
accessible places in or adjacent to accommodation spaces.
    (b) Lifejacket stowage containers and the spaces housing 
thecontainers must not be capable of being locked.
    (c) The operator must mark each lifejacket container or 
lifejacketstowage location with the word ``LIFEJACKETS'' in 
blockletters, and the quantity, identity, and size of the 
lifejacketsstowed inside the container or at the location.



Sec. 149.318  Must every person on the port have a lifejacket?

    The operator must provide a lifejacket that complies withSec. 
149.316 of this subpart for each person on a manneddeepwater port.



Sec. 149.319  What additional lifejackets must I have?

    For each person on duty in a location where the lifejacketrequired 
by Sec. 149.317 of this subpart is not readilyaccessible, an additional 
lifejacket must be stowed so as to bereadily accessible to that 
location.



Sec. 149.320  What are the requirements for ring life buoys?

    (a) Ring life buoys must be approved under approval series 160.050or 
160.150, for SOLAS-approved equipment.
    (b) Each ring life buoy must have a floating electric water 
lightapproved under approval series 161.010. The operator must ensure 
thatthe light to the ring life buoy is attached by a lanyard of 12-
threadmanila, or a synthetic rope of equivalent strength, not less than 
3feet nor more than 6 feet in length. The light must be mounted on 
abracket near the ring life buoy so that, when the ring life buoy iscast 
loose, the light will be pulled free of the bracket.
    (c) To each ring life buoy, there must be attached a buoyant lineof 
100 feet in length, with a breaking strength of at least 5kilonewtons 
force. The end of the line must not be secured to thedeepwater port.
    (d) Each ring life buoy must be marked with Type IIretroreflective 
material, approved under approval series 164.018.



Sec. 149.321  How many ring life buoys must be on each deepwater port?

    There must be at least four approved ring life buoys on eachmanned 
deepwater port.



Sec. 149.322  Where must ring life buoys be located and how must they be stowed?

    (a) The operator must locate one ring life buoy on each side ofthe 
port and one near each external stairway leading to the water. Onebuoy 
per side may be used to satisfy both these requirements.
    (b) Each ring life buoy must be stowed on or in a rack that 
isreadily accessible in an emergency. The ring life buoy must not 
bepermanently secured in any way to the rack or the deepwater port.



Sec. 149.323  What are the requirements for first aid kits?

    (a) Each manned deepwater port must have an industrial first aidkit, 
approved by an appropriate organization, such as the American RedCross, 
for the maximum number of persons on the deepwater port.

[[Page 223]]

    (b) The first aid kit must be maintained in a spacedesignated as a 
medical treatment room or, if there is no medicaltreatment room, under 
the custody of the person in charge.
    (c) The operator must ensure that each first aid kit isaccompanied 
by a copy of either the Department of Health and HumanServices 
Publication No. (PHS) 84-2024, ``The Ship'sMedicine Chest and Medical 
Aid at Sea,'' available from theSuperintendent of Documents, U.S. 
Government Printing Office,Washington, DC 20402, or the ``American Red 
Cross First Aid andSafety Handbook,'' available from Little Brown and 
Company, 3Center Plaza, Boston, MA 02018.



Sec. 149.324  What are the requirements for litters?

    Each manned deepwater port must have at least one Stokes or 
othersuitable litter, capable of safely hoisting an injured person. 
Thelitter must be readily accessible in an emergency.



Sec. 149.325  What emergency communications equipment must be on a manneddeepwater port?

    Each manned deepwater port must have a radio, telephone, or 
othermeans of emergency communication with the shore, vessels, 
andfacilities in the vicinity in the event the primary 
communicationssystem outlined in Sec. 149.140 fails. This 
communicationequipment must have an emergency power source.



Sec. 149.326  What are the immersion suit requirements?

    Each manned deepwater port located north of 32 degrees Northlatitude 
must comply with the immersion suit requirements in 46 CFR108.580.



Sec. 149.327  What are the approval requirements for work vests and anti-exposure (deck) suits?

    All work vests and anti-exposure (deck) suits on a manneddeepwater 
port must be of a buoyant type approved under:
    (a) Approval series 160.053 as a work vest;
    (b) Approval series 160.053 or 160.153 as an anti-exposure suit;or
    (c) Approval series 160.077 as a commercial hybrid personalflotation 
device.



Sec. 149.328  How must work vests and anti-exposure (deck) suits be stowed?

    All work vests and deck suits must be stowed separately 
fromlifejackets and in a location that is not easily confused with 
astorage area for lifejackets.



Sec. 149.329  How must work vests and deck suits be marked?

    All work vests and deck suits must be fitted with Type 
Iretroreflective material, approved under approval series 164.018.



Sec. 149.330  When may a work vest or deck suit be substituted for a lifejacket?

    (a) A work vest or deck suit meeting the requirements ofSec. 
149.326 of this subpart may be used instead of alifejacket when 
personnel are working near or over water.
    (b) Work vests or deck suits may not be substituted for anyportion 
of the number of approved lifejackets required on thedeepwater port or 
attending vessel for use during drills andemergencies.



Sec. 149.331  What are the requirements for hybrid personal flotation devices?

    (a) The operator must ensure that the use and stowage of 
allcommercial hybrid personal flotation devices (PFDs) used as work 
vestscomply with the procedures required for them in 46 CFR160.077-29, 
and all limitations, if any, marked on them.
    (b) All commercial hybrid PFDs on the deepwater port must be ofthe 
same or similar design and must have the same method of operation.



Sec. 149.332  What are the requirements for inflatable lifejackets?

    (a) Each inflatable lifejacket must be approved under approvalseries 
160.176.
    (b) All inflatable lifejackets on a deepwater port must:
    (1) Be used and stowed according to the procedures contained inthe 
manual required for them under 46 CFR 160.176-21;

[[Page 224]]

    (2) Be marked with all limitations, if any; and
    (3) Be of the same or similar design and have the same method 
ofoperation.



Sec. 149.333  What are the marking requirements for lifesaving equipment?

    (a) Each lifeboat, rigid liferaft, and survival capsule must 
bemarked on two opposite outboard sides with the name, number, or 
otherinscription identifying the deepwater port on which it is placed, 
andthe number of persons permitted on the craft. Each paddle or oar 
forthese crafts must also be marked with an inscription identifying 
thedeepwater port. The letters and numbers must be at least 
100millimeters (3.94 inches) high on a contrasting background.
    (b) Each inflatable liferaft must be marked to meet 46 CFR160.151-
33, and, after each servicing, marked to meet 46 CFR160.151-57(m).
    (c) Each lifejacket and ring life buoy must be conspicuouslymarked 
with the name, number, or other inscription identifying thedeepwater 
port on which it is placed. The letters and numbers must beat least 1.5 
inches (38 mm) high on a contrasting background.Lifejackets and ring 
life buoys that accompany mobile crews tounmanned deepwater ports may be 
marked with the operator's name andfield designation.

                  Unmanned Deepwater Port Requirements



Sec. 149.334  Who must ensure compliance with the requirements for unmanneddeepwater ports?

    The owner or operator of an unmanned deepwater port must ensurethat 
applicable requirements are complied with on that deepwater port.



Sec. 149.335  When are people prohibited from being on an unmanned deepwaterport?

    No person may be on an unmanned deepwater port unless 
allrequirements of this part are met.



Sec. 149.336  What are the requirements for lifejackets?

    (a) Except as under paragraph (b) of this section, each 
unmanneddeepwater port must have at least one lifejacket complying 
withSec. 149.316 of this subpart for each person on thedeepwater port. 
The lifejackets need to be available for use on theport only when 
persons are onboard.
    (b) During helicopter visits, personnel who have aircraft type 
oflifejackets may use them as an alternative to the requirements 
ofparagraph (a) of this section.



Sec. 149.337  What are the requirements for ring life buoys?

    (a) Each unmanned deepwater port must have at least one ring 
lifebuoy complying with Sec. 149.320 to this subpart.
    (b) If there is no space on the deepwater port for the ring 
lifebuoys, they must be on a manned vessel located alongside of 
thedeepwater port while the persons are on the port.



Sec. 149.338  What are the requirements for immersion suits?

    (a) Each unmanned deepwater port located north of 32 degrees 
Northlatitude must comply with the immersion suit requirements 
applicableto mobile offshore drilling units under 46 CFR 108.580, and 
immersionsuits must be approved under approval series 160.171. Except as 
underparagraph (b) of this section, the immersion suits need be on 
thedeepwater port only when persons are on board.
    (b) If an attending vessel is moored to the unmanned deepwaterport, 
the suits may be stowed on the vessel, instead of on thedeepwater port.



Sec. 149.339  What is the requirement for previously approved lifesavingequipment on a deepwater port?

    Lifesaving equipment such as lifeboats, liferafts, and PFDs on 
adeepwater port on January 1, 2004, need not meet the requirements 
ofthis subpart until the equipment needs replacing, provided it 
isperiodically tested and maintained and in good operational condition.

[[Page 225]]



Sec. 149.340  What are the requirements for lifesaving equipment that is notrequired by this subchapter?

    Each item of lifesaving equipment on a deepwater port that is 
notrequired by this subchapter must be approved by the Commandant(G-P).



          Subpart D_Firefighting and Fire Protection Equipment



Sec. 149.400  What does this subpart apply to?

    This subpart applies to all deepwater ports except unmanned 
portsconsisting of a submerged turret loading or comparable 
configurationin which cargo transfer operations are conducted solely 
aboard thetank vessel by the vessel crew.



Sec. 149.401  What are the general requirements for firefighting and fireprotection equipment?

    Each deepwater port must comply with the requirements 
forfirefighting and fire protection equipment in this subpart.



Sec. 149.402  What firefighting and fire protection equipment must be approvedby the Coast Guard?

    Except as permitted under Sec. 149.403,Sec. 149.415(c) or (d), 
Sec. 149.419(a)(1), orSec. 149.420, all required firefighting and fire 
protectionequipment on a deepwater port must be approved by the 
Commandant(G-PSE). Firefighting and fire protection equipment 
thatsupplements required equipment must also be approved by the 
Commandant(G-PSE), unless approval by the Officer in Charge of 
MarineInspection (OCMI) is requested and granted pursuant toSec. 
149.403 of this subpart.



Sec. 149.403  How may I request the use of alternate or supplementalfirefighting and fire prevention equipment or procedures?

    (a) The operator may request the use of alternate or 
supplementalequipment or procedures than those required in this 
subchapter.
    (b) Upon request, the OCMI may allow the use of alternateequipment 
or procedures if the alternatives will:
    (1) Accomplish the purposes for the requirement; and
    (2) Provide a degree of safety equivalent to or greater than 
thatprovided by the requirement.
    (c) The OCMI may require that the requesting party:
    (1) Explain why applying the requirement would be unreasonable 
orimpracticable; or
    (2) Submit engineering calculations, tests, or other data 
todemonstrate how the requested alternative would comply with 
paragraph(b) of this section.
    (d) The OCMI may determine, on a case-by-case basis, that 
theCommandant (G-PSE) must approve the use of the alternateequipment or 
procedure.

                        Firefighting Requirements



Sec. 149.404  Can I use firefighting equipment that has no Coast Guardstandards?

    A deepwater port may use firefighting equipment for which there isno 
Coast Guard standard as supplemental equipment, pursuant toSec. 
149.403, if the equipment does not endanger the port orthe persons 
aboard it in any way. This equipment must be listed andlabeled by a 
nationally recognized testing laboratory, as that term isdefined in 29 
CFR 1910.7, and it must be maintained in good workingcondition.



Sec. 149.405  How are fire extinguishers classified?

    (a) Portable and semi-portable extinguishers on a manned 
deepwaterport must be classified using the Coast Guard's marine rating 
systemof a combination letter-and-number symbol in which the 
letterindicates the type of fire that the extinguisher is designed 
toextinguish, and the number indicates the relative size of 
theextinguisher.
    (b) The letter designations are as follows:
    (1) ``A'' for fires of ordinary combustible materialswhere the 
quenching and cooling effects of water, or solutionscontaining large 
percentages of water, are of primary importance;
    (2) ``B'' for fires of flammable liquids, greases, orother thick 
flammable substances where a blanketing effect isessential; and

[[Page 226]]

    (3) ``C'' for fires in electrical equipment wherethe use of a non-
conducting extinguishing agent is of primaryimportance.
    (c) The number designations for size range from ``I''for the 
smallest extinguisher to ``V'' for the largest.Sizes I and II are 
portable extinguishers. Sizes III, IV, and V aresemi-portable 
extinguishers that must be fitted with suitable hose andnozzle, or other 
practicable means, so that all portions of the spaceconcerned may be 
covered. Examples of size graduations for some of thetypical portable 
and semi-portable extinguishers are set forth intable 149.405.

                             Table 149.405--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                                 Carbon dioxide    Drychemical
                   Classification type-size                      Foam liters       kilograms        kilograms
                                                                  (gallons)         (pounds)         (pounds)
----------------------------------------------------------------------------------------------------------------
A-II.........................................................        9.5 (2.5)  ...............     \1\ 2.25 (5)
B-II.........................................................        9.5 (2.5)         6.7 (15)         4.5 (10)
C-II.........................................................  ...............         6.7 (15)         4.5 (10)
B-IV.........................................................         7.6 (20)        22.5 (50)        13.5 (30)
B-V..........................................................        15.2 (40)     \2\ 45 (100)    \2\ 22.5 (50)
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Must be specifically approved as a type``A,'' ``B,'' or ``C''extinguisher.
\2\ For outside use, double the quantity of agent that mustbe carried.



Sec. 149.406  What are the approval requirements for a fire extinguisher?

    All portable and semi-portable fire extinguishers must be of 
anapproved type under 46 CFR part 162, subparts 162.028 and 
162.039,respectively.



Sec. 149.407  Must fire extinguishers be on the deepwater port at all times?

    (a) The fire extinguishers required by Sec. 149.409 ofthis subpart 
must be on all manned deepwater ports at all times.
    (b) The fire extinguishers required by Sec. 149.409 ofthis part 
need be on unmanned deepwater ports only when personnel areworking on 
the deepwater port during cargo transfer operations, orperforming 
maintenance duties.



Sec. 149.408  What are the maintenance requirements for fire extinguishers?

    All fire extinguishers must be maintained in good working orderand 
serviced annually in accordance with 46 CFR 107.235.



Sec. 149.409  How many fire extinguishers are needed?

    Each particular location must have the number of fireextinguishers 
required by table 149.409.

    Table 149.409--Portable and Semi-Portable Extinguishers, Minimum
                          Quantity and Location
------------------------------------------------------------------------
                                                    Minimum quantity and
            Space                Classification           location
------------------------------------------------------------------------
(a) Safety Areas:
    (1) Communicating         A-II................  One in each
     corridors.                                      maincorridor or
                                                     stairway not more
                                                     than 150 feet
                                                     apart.
    (2) Radio room..........  C-II................  One outside or near
                                                     each radio
                                                     roomexit.
(b) Accommodation Spaces:
    (1) Sleeping quarters...  A-II................  One in each sleeping
                                                     spacethat fits more
                                                     than four persons.
(c) Service Spaces:
    (1) Galleys.............  B-II or CII.........  One for each 2,500
                                                     square feet
                                                     orfraction thereof,
                                                     for hazards
                                                     involved.
    (2) Storerooms..........  A-II................  One for each 2,500
                                                     square feet
                                                     orfraction thereof,
                                                     located near each
                                                     exit, either inside
                                                     or outside
                                                     thespace.
    (3) Paint room..........  B-II................  One outside each
                                                     paint room exit.
(d) Machinery Spaces:
    (1) Gas-fired boilers...  B-II OR C-II........  Two.
    (2) Gas-fired boilers...  B-V.................  One.\1\
    (3) Oil-fired boilers...  B-II................  Two.
    (4) Oil-fired boilers...  B-V.................  Two.\1\
    (5) Internal combustion   B-II................  Onefor each
     or gas turbine engines.                         engine.\2\

[[Page 227]]

 
    (6) Open electric motors  C-II................  One foreach of two
     and generators.                                 motors or
                                                     generators.\3\
(e) Helicopter Areas:
    (1) Helicopter landing    B-V.................  One at each
     decks.                                          accessroute.
    (2) Helicopter fueling    B-V.................  One at each
     facility.                                       fueltransfer
                                                     facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system isinstalled.
\2\ If the engine is installed on a weather deck or is opento the
  atmosphere at all times, one B-II may be used for everythree engines.
\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed inaccordance with
  46 CFR 108.489.



Sec. 149.410  Where must portable and semi-portable fire extinguishers belocated?

    All portable and semi-portable fire extinguishers described intable 
149.409 must be located in the open so as to be readily seen.



Sec. 149.411  What are the requirements for firemen's outfits?

    (a) Each manned deepwater port with nine or more persons must haveat 
least two firemen's outfits complying with 46 CFR 108.497.
    (b) The person in charge of safety must ensure that:
    (1) At least two people trained in the use of firemen's outfitsare 
on the deepwater port at all times;
    (2) Each fireman's outfit and its spare equipment are stowedtogether 
in a readily accessible container or locker. No more than oneoutfit 
shall be stowed in the same container or locker. The twocontainers or 
lockers must be located in separate areas to ensure thatat least one is 
available at all times in the event of a fire; and
    (3) Firemen's outfits are not used for any purpose other 
thanfirefighting.



Sec. 149.412  How many fire axes are needed?

    Each manned deepwater port must have at least two fire axes 
asrequired by 46 CFR 108.499.



Sec. 149.413  On a manned deepwater port, what spaces require a fixed fireextinguishing system?

    The manned deepwater port spaces or systems listed in paragraphs(a) 
through (c) of this section must be protected by an approved 
fixedgaseous or other approved fixed-type extinguishing system.
    (a) Paint lockers with a carrying capacity of more than 200 
cubicfeet, and similar spaces containing flammable liquids.
    (b) Galley ranges or deep fat fryers.
    (c) Each enclosed space containing internal combustion or gasturbine 
machinery with an aggregate power of more than 1,000 B.H.P.,and any 
associated fuel oil units, purifiers, valves, or manifolds.



Sec. 149.414  What are the requirements for a fire detection and alarm system?

    (a) All accommodation and service spaces on a manned deepwaterport, 
and all spaces or systems on a manned or unmanned deepwater portfor 
processing, storing, transferring, or regasifying liquefiednatural gas, 
must have an automatic fire detection and alarm systemthat:
    (1) Either complies with 46 CFR 108.405 or
    (2) Is designed and installed in compliance with a nationalconsensus 
standard, as that term is defined in 29 CFR 1910.2, for firedetection 
and fire alarm systems, and that complies with standards setby a 
nationally recognized testing laboratory, as that term is definedin 29 
CFR 1910.7, for such systems or hardware.
    (b) Sleeping quarters must be fitted with smoke detectors thathave 
local alarms and that may or may not be connected to the centralalarm 
panel.
    (c) Each fire detection and fire alarm system must have both avisual 
alarm

[[Page 228]]

and an audible alarm at a normally manned area.
    (d) Each fire detection and fire alarm system must be divided 
intozones to limit the area covered by a particular alarm signal.



Sec. 149.415  What are the requirements for a fire main system on a manneddeepwater port?

    (a) Each pumping platform complex must have a fixed fire mainsystem. 
The system must either:
    (1) Comply with 46 CFR 108.415 through 108.429 and 33 CFR 127.607if 
it is a natural gas deepwater port; or
    (2) Comply with a national consensus standard, as that term 
isdefined in 29 CFR 1910.2, for such systems and hardware, and 
complywith the standards set by a nationally recognized testing 
laboratory,as that term is defined in 29 CFR 1910.7, for such systems 
andhardware.
    (b) If the fire main system meets the requirements outlined 
inparagraph (a)(2) of this section, it must provide, at a 
minimum,protection to:
    (1) Accommodation spaces;
    (2) Accommodation modules;
    (3) Control spaces; and
    (4) Other areas frequented by port personnel.
    (c) The hose system must be capable of reaching all parts of 
thesespaces without difficulty.
    (d) Under paragraph (a)(2) of this section, the fire main systemmay 
be part of a fire water system in accordance with 30 CFR 250.803.
    (e) A fire main system for a natural gas deepwater port must 
alsocomply with 33 CFR 127.607.



Sec. 149.416  What are the requirements for a dry chemical fire suppressionsystem?

    Each natural gas deepwater port must be equipped with a drychemical 
system that meets the requirements of Sec. 127.609of this chapter.



Sec. 149.417  What firefighting equipment must a helicopter landing deck on amanned deepwater port have?

    Each helicopter landing deck on a manned deepwater port must havethe 
following:
    (a) A fire hydrant and hose located near each stairway to thelanding 
deck. If the landing deck has more than two stairways, onlytwo stairways 
need to have a fire hydrant and hose. The fire hydrantsmust be part of 
the fire main system; and
    (b) Portable fire extinguishers in the quantity and location 
asrequired in table 149.409.



Sec. 149.418  What fire protection system must a helicopter fueling facilityhave?

    In addition to the portable fire extinguishers required undertable 
149.409, each helicopter fueling facility must have a fireprotection 
system complying with 46 CFR 108.489.



Sec. 149.419  Can the water supply for the helicopter deck fire protectionsystem be part of a fire water system?

    (a) The water supply for the helicopter deck fire protectionsystem 
required under Sec. 149.420 or Sec. 149.421may be part of:
    (1) The fire water system, installed in accordance with 
MineralManagement Service regulations under 30 CFR 250.803; or
    (2) The fire main system under Sec. 149.415.
    (b) If the water supply for the helicopter deck fire 
protectionsystem is part of an independent accommodation fire main 
system, thepiping design and hardware must be compatible with the system 
and mustcomply with the requirements for fire mains in 46 CFR 108.415 
through108.429.



Sec. 149.420  What are the fire protection requirements for escape routes?

    At least one escape route from an accommodation space or module toa 
survival craft or other means of evacuation must provide 
adequateprotection. Separation of the escape route from the cargo area 
bysteel construction, in accordance with 46 CFR 108.133, or 
equivalentprotection is considered adequate protection for personnel 
escapingfrom fires and explosions. Additional requirements for escape 
routesare in subpart F of this part.

[[Page 229]]



Sec. 149.421  What is the requirement for a previously approved fire detectionand alarm system on a deepwater port?

    An existing fire detection and alarm system on a deepwater portneed 
not meet the requirements in this subpart until the system 
needsreplacing, provided it is periodically tested and maintained in 
goodoperational condition.



                      Subpart E_Aids to Navigation

                                 General



Sec. 149.500  What does this subpart do?

    This subpart provides requirements for aids to navigation 
ondeepwater ports.



Sec. 149.505  What are the general requirements for aids to navigation?

    The following requirements apply to navigation aids under 
thissubpart:
    (a) Section 66.01-5 of this chapter, on application toestablish, 
maintain, discontinue, change, or transfer ownership of anaid, except as 
under Sec. 149.510;
    (b) Section 66.01-25(a) and (c) of this chapter, ondiscontinuing or 
removing an aid. For the purposes ofSec. 66.01-25(a) and (c) of this 
chapter, navigationaids at a deepwater port are considered Class I aids 
underSec. 66.01-15 of this chapter;
    (c) Section 66.01-50 of this chapter, on protection of anaid from 
interference and obstruction; and
    (d) Section 66.01-55 of this chapter, on transfer ofownership of an 
aid.



Sec. 149.510  How do I get permission to establish an aid to navigation?

    (a) To establish a navigation aid on a deepwater port, thelicensee 
must submit an application underSec. 66.01-5 of this chapter, except 
that theapplication must be sent to the Commandant (G-P).
    (b) At least 180 days before the installation of any structure atthe 
site of a deepwater port, the licensee must submit an applicationfor 
obstruction lights and other private navigation aids for theparticular 
construction site.
    (c) At least 180 days before beginning cargo transfer operationsor 
changing the mooring facilities at the deepwater port, the licenseemust 
submit an application for private aids to navigation.

                                 Lights



Sec. 149.520  What kind of lights are required?

    All deepwater ports must meet the general requirements 
forobstruction lights in part 67 of this chapter.

                           Lights on Platforms



Sec. 149.535  What are the requirements for rotating beacons on platforms?

    In addition to obstruction lights, the tallest platform of 
adeepwater port must have a lit rotating beacon that distinguishes 
thedeepwater port from other surrounding offshore structures. The 
beaconmust:
    (a) Have an effective intensity of at least 15,000 candela;
    (b) Flash at least once every 20 seconds;
    (c) Provide a white light signal;
    (d) Operate in wind speeds of up to 100 knots at a rotation ratethat 
is within 6 percent of the operating speed displayed on thebeacon;
    (e) Have one or more leveling indicators permanently attached tothe 
light, each with an accuracy of 0.25 [deg] 
orbetter; and
    (f) Be located:
    (1) At least 60 feet (about 18.3 meters) above mean high water;
    (2) Where the structure of the platform, or equipment mounted onthe 
platform, does not obstruct the light in any direction; and
    (3) So that it is visible all around the horizon.

                     Lights on Single Point Moorings



Sec. 149.540  What are the requirements for obstruction lights on a single pointmooring?

    (a) The lights for a single point mooring must meet therequirements 
for obstruction lights in part 67 of this chapter, exceptthat the lights 
must be located at least 10 feet (3 meters) above meanhigh water.
    (b) A submerged turret loading (STL) deepwater port is notrequired 
to meet the requirements for obstruction lights, provided itmaintains at 
least a

[[Page 230]]

five-foot (1.5 meters) clearance beneath thenet under keel clearance at 
the mean low water condition for allvessels transiting the area.
    (c) An STL deepwater port that utilizes a marker buoy must belighted 
in accordance with paragraph (a) of this section.

                     Lights on Floating Hose Strings



Sec. 149.550  What are the requirements for lights on a floating hose string?

    Hose strings that are floating or supported on trestles mustdisplay 
the following lights at night and during periods of 
restrictedvisibility:
    (a) One row of yellow lights that must be:
    (1) Flashing 50 to 70 times per minute;
    (2) Visible all around the horizon;
    (3) Visible for at least 2 miles (3.7 km) on a clear, dark night;
    (4) Not less than 1 or more than 3.5 meters (3 to 11.5 feet) 
abovethe water;
    (5) Approximately equally spaced;
    (6) Not more than 10 meters (32.8 feet) apart where the hosestring 
crosses a navigable channel; and
    (7) Where the hose string does not cross a navigable channel,there 
must be a sufficient number to clearly show the hose string'slength and 
course.
    (b) Two red lights at each end of the hose string, including theends 
in a channel where the hose string is separated to allow vesselsto pass, 
whether open or closed. The lights must be:
    (1) Visible all around the horizon;
    (2) Visible for at least 2 miles (3.7 km) on a clear, dark night;and
    (3) One meter (3 feet) apart in a vertical line with the lowerlight 
at the same height above the water as the flashing yellow light.

              Lights on Buoys Used To Define Traffic Lanes



Sec. 149.560  How must buoys used to define traffic lanes be marked and lighted?

    (a) Each buoy that is used to define the lateral boundaries of 
atraffic lane at a deepwater port must meet Sec. 62.25 ofthis chapter.
    (b) The buoy must have an omni-directional light located at least8 
feet above the water.
    (c) The buoy light must be located so that the structure of thebuoy, 
or any other device mounted on the buoy, does not obstruct thelight in 
any direction.



Sec. 149.565  What are the required characteristics and intensity of lights onbuoys used to define traffic lanes?

    (a) The buoy's light color that defines the lateral boundaries ofa 
traffic lane must comply with the buoy color schemes inSec. 62.25 of 
this chapter.
    (b) The buoy light may be fixed or flashing. If it is flashing, 
itmust flash at intervals of not more than 6 seconds.
    (c) Buoy lights must have an effective intensity of at least 
25candela.

                              Miscellaneous



Sec. 149.570  How is a platform, single point mooring, or submerged turretloading identified?

    (a) Each platform, single point mooring, or submerged turretloading 
(STL) that protrudes above the water or is marked by a buoymust display 
the name of the deepwater port and the name or numberidentifying the 
structure, so that the information is visible:
    (1) From the water at all angles of approach to the structure; and
    (2) From aircraft on approach to the structure if the structure 
isequipped with a helicopter pad.
    (b) The information required in paragraph (a) of this section mustbe 
displayed in numbers and letters that are:
    (1) At least 12 inches high;
    (2) In vertical block style; and
    (3) Displayed against a contrasting background.
    (c) If an STL protrudes from the water, it must be 
properlyilluminated in accordance with Sec. 149.540.



Sec. 149.575  How must objects protruding from the water, other than platformsand single point moorings, be marked?

    (a) Each object protruding from the water that is within 100 yardsof 
a platform or single point mooring (SPM) must be marked with 
whitereflective tape.
    (b) Each object protruding from the water that is more than 100yards 
from a platform or SPM must meet the obstruction lightingrequirements in 
this subpart for a platform.

[[Page 231]]



Sec. 149.580  What are the requirements for a radar beacon?

    (a) A radar beacon (RACON) must be located on the tallest platformof 
a pumping platform complex or other fixed structure of thedeepwater 
port.
    (b) The RACON must be an FCC-accepted RACON or a similar type.
    (c) The RACON must transmit:
    (1) In both 2900-3100 MHz and 9300-9500 MHzfrequency bands; or
    (2) If installed before July 8, 1991, in the 9320-9500 MHzfrequency 
band; and
    (3) Transmit a signal of at least 250 milliwatts radiated powerthat 
is omni-directional and polarized in the horizontal plane;
    (4) Transmit a two-element or more Morse code character, thelength 
of which does not exceed 25 percent of the radar range expectedto be 
used by vessels operating in the area;
    (5) If of the frequency agile type, be programmed so that it 
willrespond at least 40 percent of the time, but not more than 90 
percentof the time, with a response-time duration of at least 24 
seconds; and
    (6) Be located at a minimum height of 15 feet above the highestdeck 
of the platform and where the structure of the platform, orequipment 
mounted on the platform, does not obstruct the signalpropagation in any 
direction.



Sec. 149.585  What are the requirements for sound signals?

    (a) Each pumping platform complex must have a sound signal,approved 
under subpart 67.10 of this chapter, that has a 2-mile (3-kilometer) 
range. A list of Coast Guard-approved sound signals isavailable from any 
District Commander.
    (b) Each sound signal must be:
    (1) Located at least 10 feet, but not more than 150 feet, abovemean 
high water; and
    (2) Located where the structure of the platform, or equipmentmounted 
on it, does not obstruct the sound of the signal in anydirection.



                     Subpart F_Design and Equipment

                                 General



Sec. 149.600  What does this subpart do?

    This subpart provides general requirements for equipment anddesign 
on deepwater ports.



Sec. 149.610  What must the District Commander be notified of and when?

    The District Commander must be notified of the following:

------------------------------------------------------------------------
                                          The DistrictCommander must be
                 When--                             notified--
------------------------------------------------------------------------
(a) Construction of a pipeline,          At least 30 days before
 platform, or single point mooring(SPM)   construction begins.
 is planned.
(b) Construction of a pipeline,          Within 24hours, from the date
 platform, or SPM begins.                 construction begins, that the
                                          lights and soundsignals are in
                                          use at the construction site.
(c) A light or sound signal is changed   Within24 hours of the change.
 during construction.
(d) Lights or sound signals used during  Within 24 hours of replacement.
 construction of aplatform, buoy, or
 SPM are replaced by permanent fixtures
 to meet therequirements of this part.
(e) The first cargo transfer operation   At least 60 daysbefore the
 begins.                                  operation.
------------------------------------------------------------------------



Sec. 149.615  What construction drawings and specifications are required?

    (a) To show compliance with the Act and this subchapter, thelicensee 
must submit to the Commandant (G-P) or acceptedCertifying Entity (CE) at 
least three copies of:
    (1) Each construction drawing and specification; and
    (2) Each revision to a drawing and specification.
    (b) Each drawing, specification, and revision under paragraph (a)of 
this section must bear the seal, or a facsimile imprint of theseal, of 
the registered professional engineer responsible for theaccuracy and 
adequacy of the material.
    (c) Each drawing must identify the baseline design standard usedas 
the basis for design.

[[Page 232]]



Sec. 149.620  What happens when the Commandant (G-P) reviews andevaluates the construction drawings and specifications?

    (a) The Commandant (G-P) may concurrently review andevaluate 
construction drawings and specifications with the MarineSafety Center 
and other Federal agencies having technical expertise,such as the 
Pipeline and Hazardous Materials Safety Administration andthe Federal 
Energy Regulatory Commission, in order to ensurecompliance with the Act 
and this subchapter.
    (b) Construction may not begin until the drawings andspecifications 
are approved by the Commandant (G-P).
    (c) Once construction begins, the Coast Guard periodicallyinspects 
the construction site to ensure that the constructioncomplies with the 
drawings and specifications approved under paragraph(b) of this section.
    (d) When construction is complete, the licensee must submit 
twocomplete sets of as-built drawings and specifications to 
theCommandant (G-P).



Sec. 149.625  What are the design standards?

    (a) Each component, except for those specifically addressedelsewhere 
in this subpart (for example, single point moorings, hoses,and aids to 
navigation buoys), must be designed to withstand at leastthe combined 
wind, wave, and current forces of the most severe stormthat can be 
expected to occur at the deepwater port in any 100-yearperiod. Component 
design must meet a recognized industry standard andbe appropriate for 
the protection of human life from death or seriousinjury, both on the 
port and on vessels calling on or servicing theport, and for the 
protection of the environment.
    (b) The applicant or licensee will be required to submit to 
theCommandant (G-P) a design basis for approval containing allproposed 
standards to be used in the fabrication and construction ofport 
components.
    (c) Heliports on floating deepwater ports must be designed 
incompliance with the regulations at 46 CFR part 108.

                       Structural Fire Protection



Sec. 149.640  What are the requirements for fire protection systems?

    Manned deepwater ports built after January 1, 2004, and 
manneddeepwater ports that undergo major conversions must comply with 
therequirements for structural fire protection outlined in this subpart.



Sec. 149.641  What are the structural fire protection requirements foraccommodation spaces and modules?

    (a) Accommodation spaces and modules must be designed, located,and 
constructed so as to minimize the effects of flame, excess heat,or blast 
effects caused by fires and explosions; and to provide saferefuge from 
fires and explosions for personnel for the minimum timeneeded to 
evacuate the space.
    (b) This requirement may be met by complying with 46 CFR 
108.131through 108.147, provided that:
    (1) The exterior boundaries of superstructures and 
deckhousesenclosing these spaces and modules, including any overhanging 
deckthat supports these spaces and modules, are constructed to theA-60 
standard defined in 46 CFR 108.131(b)(2) for any portionthat faces and 
is within 100 feet of the hydrocarbon source (e.g., LNGflanges, send out 
line, etc.); and
    (2) The ventilation system has both a means of shutting down 
thesystem and an alarm at a manned location that sounds when 
anyhazardous or toxic substance enters the system.
    (c) As an alternative to paragraph (b) of this section, 
therequirement imposed by this section may be met by complying with 
anational consensus standard, as that term is defined in 29 CFR 
1910.2,for the structural fire protection of accommodation spaces 
andmodules, and that complies with the standards set by a 
nationallyrecognized testing laboratory, as that term is defined by 29 
CFR1910.7, for such protection, provided that:
    (1) All such spaces and modules on manned ports are provided 
withautomatic fire detection and alarm systems. The alarm system 
mustsignal a normally manned area both visually and audibly, and 
bedivided into zones

[[Page 233]]

to limit the area covered by a particularalarm signal;
    (2) Sleeping quarters are fitted with smoke detectors that havelocal 
alarms that may or may not be connected with the central alarmpanel; and
    (3) Independent fire walls are constructed and installed so as tobe 
of size and orientation sufficient to protect the exterior surfacesof 
the spaces or modules from extreme radiant heat flux levels, andprovide 
the A-60 standard defined in 46 CFR 108.131(b)(2).

                          Single Point Moorings



Sec. 149.650  What are the requirements for single point moorings and theirattached hoses?

    Each single point mooring and its attached hose must be designedfor 
the protection of the environment and for durability undercombined wind, 
wave, and current forces of the most severe storm thatcan be expected to 
occur at the port in any 100-year period. Theappropriateness of a design 
may be shown by its compliance withstandards generally used within the 
offshore industry that are atleast equivalent, in protecting the 
environment, to the standards inuse on January 1, 2003, by any 
recognized classification society asdefined in 46 CFR 8.100.

                      Helicopter Fueling Facilities



Sec. 149.655  What are the requirements for helicopter fueling facilities?

    Helicopter fueling facilities must comply with 46 CFR 108.489 oran 
equivalent standard.

                             Emergency Power



Sec. 149.660  What are the requirements for emergency power?

    (a) Each pumping platform complex must have emergency powerequipment 
including power source, associated transforming equipment,and 
switchboard to provide power to simultaneously operate all of 
thefollowing for a continuous period of 18 hours:
    (1) Emergency lighting circuits;
    (2) Aids to navigation equipment;
    (3) Communications equipment;
    (4) Radar equipment;
    (5) Alarm systems;
    (6) Electrically operated fire pumps; and
    (7) Other electrical equipment identified as emergency equipmentin 
the operations manual for the deepwater port.
    (b) The equipment required by paragraph (a) of this section must:
    (1) All be located in the same space; and
    (2) Contain only machinery and equipment for the supply ofemergency 
power (in other words, no oil or natural gas transferpumping equipment) 
in accordance with 46 CFR 112.05.

                          General Alarm System



Sec. 149.665  What are the requirements for a general alarm system?

    Each pumping platform complex must have a general alarm systemthat:
    (a) Is capable of being manually activated by using alarm boxes;
    (b) Is audible in all parts of the pumping platform complex,except 
in areas of high ambient noise levels where hearing protectionis 
required under Sec. 150.613 of this chapter; and
    (c) Has a high intensity flashing light in areas where 
hearingprotection is used.



Sec. 149.670  What are the requirements for marking a general alarm system?

    Each of the following must be marked with the words``General Alarm'' 
in yellow letters at least 1 inch highon a red background:
    (a) Each general alarm box; and
    (b) Each audio or visual device described underSec. 149.665 for 
signaling the general alarm.

                          Public Address System



Sec. 149.675  What are the requirements for the public address system?

    (a) For a manned deepwater port, each pumping platform complexmust 
have a public address system operable from two locations on thecomplex.
    (b) For an unmanned deepwater port, the vessel master must providea 
working public address system on a vessel while it is moored orotherwise 
connected to the port.

[[Page 234]]

                         Medical Treatment Rooms



Sec. 149.680  What are the requirements for medical treatment rooms?

    Each deepwater port with sleeping spaces for 12 or more 
persons,including persons in accommodation modules, must have a 
medicaltreatment room that has:
    (a) A sign at the entrance designating it as a medical 
treatmentroom;
    (b) An entrance that is wide enough and arranged to readily admita 
person on a stretcher;
    (c) A single berth or examination table that is accessible fromboth 
sides; and
    (d) A washbasin located in the room.



Sec. 149.685  May a medical treatment room be used for other purposes?

    A medical treatment room may be used as a sleeping space if theroom 
meets the requirements of this subpart for both medical treatmentrooms 
and sleeping spaces. It may also be used as an office. However,when used 
for medical purposes, the room may not be used as a sleepingspace or 
office.

                              Miscellaneous



Sec. 149.690  What are the requirements for means of escape, personnel landings,guardrails, similar devices, and for noise limits?

    Each deepwater port must comply with the requirements for means 
ofescape, personnel landings, guardrails and similar devices, and 
noiselimits as outlined in Sec. Sec. 149.691 through 149.699.

                             Means of Escape



Sec. 149.691  What means of escape are required?

    (a) Each deepwater port must have both primary and secondary meansof 
escape. Each of these means must either:
    (1) Comply with 46 CFR 108.151; or
    (2) Be designed and installed in compliance with a nationalconsensus 
standard, as that term is defined in 29 CFR 1910.2, for usein evacuating 
the port.
    (b) A primary means of escape consists of a fixed stairway or afixed 
ladder, constructed of steel.
    (c) A secondary means of escape consists of either:
    (1) A fixed stairway or a fixed ladder, constructed of steel; or
    (2) A marine evacuation system, a portable flexible ladder, aknotted 
manrope, or a similar device determined by the Officer inCharge of 
Marine Inspection (OCMI) to provide an equivalent or bettermeans of 
escape.



Sec. 149.692  Where must they be located?

    (a) Each means of escape must be easily accessible to personnelfor 
rapidly evacuating the deepwater port.
    (b) When two or more means of escape are installed, at least twomust 
be located as nearly diagonally opposite each other aspracticable.
    (c) When the floor area of any of the following spaces contains300 
square feet or more, the space must have at least two exits aswidely 
separated from each other as possible:
    (1) Each accommodation space; and
    (2) Each space that is used on a regular basis, such as a 
controlroom, machinery room, storeroom, or other space where personnel 
couldbe trapped in an emergency.
    (d) On a manned deepwater port, each structural appendage that isnot 
occupied continuously, and that does not contain living 
quarters,workshops, offices, or other manned spaces must have at least 
oneprimary means of escape. The OCMI may also determine that one or 
moresecondary means of escape is required.
    (e) When personnel are on an unmanned deepwater port, the portmust 
have, in addition to the one primary means of escape, either:
    (1) Another primary means of escape; or
    (2) One or more secondary means of escape in any work space thatmay 
be temporarily occupied by 10 persons or more.
    (f) Structural appendages to an unmanned deepwater port do 
notrequire a primary or a secondary means of escape, unless the 
OCMIdetermines that one or more are necessary.
    (g) Each means of escape must extend from the deepwater 
port'suppermost working level to each successively lower working level, 
andso on to the water surface.

[[Page 235]]

                           Personnel Landings



Sec. 149.693  What are the requirements for personnel landings on manneddeepwater ports?

    (a) On manned deepwater ports, sufficient personnel landings mustbe 
provided to assure safe access and egress.
    (b) The personnel landings must be provided with 
satisfactoryillumination. The minimum is 1 foot candle of artificial 
illuminationas measured at the landing floor and guards and rails.

                     Guardrails and Similar Devices



Sec. 149.694  What are the requirements for catwalks, floors, and openings?

    (a) The configuration and installation of catwalks, floors, 
andopenings must comply with Sec. 143.110 of this chapter.
    (b) This section does not apply to catwalks, floors, deck areas,or 
openings in areas not normally occupied by personnel or onhelicopter 
landing decks.



Sec. 149.695  What are the requirements for stairways?

    Stairways must have at least two courses of rails. The top 
coursemust serve as a handrail and be at least 34 inches above the 
tread.



Sec. 149.696  What are the requirements for a helicopter landing deck safetynet?

    A helicopter landing deck safety net must comply with 46 CFR108.235.

                              Noise Limits



Sec. 149.697  What are the requirements for a noise level survey?

    (a) A survey to determine the maximum noise level during 
normaloperations must be conducted in each accommodation space, 
workingspace, or other space routinely used by personnel. The 
recognizedmethodology used to conduct the survey must be specified in 
the surveyresults. Survey results must be kept on the deepwater port or, 
for anunmanned deepwater port, in the owner's principal office.
    (b) The noise level must be measured over 12 hours to derive atime 
weighted average (TWA) using a sound level meter and an A-weighted 
filter or equivalent device.
    (c) If the noise level throughout a space is determined to exceed85 
db(A), based on the measurement criteria in paragraph (b) of 
thissection, then signs must be posted with the legend: ``NoiseHazard--
Hearing Protectors Required.'' Signs must beposted at eye level at each 
entrance to the space.
    (d) If the noise level exceeds 85 db(A) only in a portion of aspace, 
then the sign described in paragraph (c) of this section mustbe posted 
within that portion where visible from each direction ofaccess.
    (e) Working spaces and other areas routinely used by personnel,other 
than accommodation spaces, must be designed to limit the noiselevel in 
those areas so that personnel wearing hearing protectors mayhear warning 
and emergency alarms. If this is not practicable andwarning and 
emergency alarms cannot be heard, visual alarms inaddition to the 
audible alarms must be installed.

                             Portable Lights



Sec. 149.700  What kind of portable lights may be used on a deepwater port?

    Each portable light and its supply cord on a deepwater port mustbe 
designed for the environment where it is used.



PART 150_DEEPWATER PORTS: OPERATIONS--Table of Contents




                            Subpart A_General

Sec.
150.1 What does this part do?
150.5 Definitions.
150.10 What are the general requirements for operationsmanuals?
150.15 What must the operations manual include?
150.20 How many copies of the operations manual must begiven to the 
          Coast Guard?
150.25 Amending the operations manual.
150.30 Proposing an amendment to the operations manual.
150.35 How may an adjacent coastal State request anamendment to the 
          operations manual?
150.40 Deviating from the operations manual.
150.45 Emergency deviation from this subchapter or theoperations manual.

[[Page 236]]

150.50 What are the requirements for a facility spillresponse plan?

                          Subpart B_Inspections

150.100 What are the requirements for inspecting deepwaterports?
150.105 What are the requirements for annual self-inspection?
150.110 What are the notification requirements upon receiptof 
          classification society certifications?

                           Subpart C_Personnel

150.200 Who must ensure that port personnel are qualified?
150.205 What are the language requirements for portpersonnel?
150.210 What are the restrictions on serving in more thanone position?
150.225 What training and instruction are required?

                       Subpart D_Vessel Navigation

150.300 What does this subpart do?
150.305 How does this subpart apply to unmanned deepwaterports?
150.310 When is radar surveillance required?
150.320 What advisories are given to tankers?
150.325 What is the first notice required before a tankerenters the 
          safety zone or area to be avoided?
150.330 What is the second notice required before a tankerenters the 
          safety zone or area to be avoided?
150.340 What are the rules of navigation for tankers in thesafety zone 
          or area to be avoided?
150.345 How are support vessels cleared to move within thesafety zone or 
          area to be avoided?
150.350 What are the rules of navigation for support vesselsin the 
          safety zone or area to be avoided?
150.355 How are other vessels cleared to move within thesafety zone?
150.380 Under what circumstances may vessels operate withinthe safety 
          zone or area to be avoided?
150.385 What is required in an emergency?

                   Subpart E_Cargo Transfer Operations

150.400 What does this subpart do?
150.405 How must a cargo transfer system be tested andinspected?
150.420 What actions must be taken when cargo transferequipment is 
          defective?
150.425 What are the requirements for transferring cargo?
150.430 What are the requirements for a declaration ofinspection?
150.435 When are cargo transfers not allowed?
150.440 How may the Captain of the Port order suspension ofcargo 
          transfers?
150.445 When is oil in a single point mooring-oil transfersystem (SPM-
          OTS) displaced with water?

               Subpart F_Emergency and Specialty Equipment

150.500 What does this subpart do?

                         Maintenance and Repair

150.501 How must emergency equipment be maintained andrepaired?

                     Lifesaving Equipment (General)

150.502 What are the maintenance and repair requirements forlifesaving 
          equipment?

                          Launching Appliances

150.503 What are the time interval requirements formaintenance on 
          survival craft falls?
150.504 When must the operator service and examine lifeboatand rescue 
          boat launching appliances?
150.505 When must the operator service and examine lifeboatand rescue 
          boat release gear?

                    Inflatable Lifesaving Appliances

150.506 When must the operator service inflatable lifesavingappliances 
          and marine evacuation systems?
150.507 How must the operator service inflatable lifesavingappliances?
150.508 What are the maintenance and repair requirements forinflatable 
          rescue boats?

               Operational Tests and Inspections (General)

150.509 How must emergency equipment be tested andinspected?
150.510 How must tested emergency equipment be operated?
150.511 What are the operational testing requirements forlifeboat and 
          rescue boat release gear?

                   Frequency of Tests and Inspections

150.512 What occurs during the weekly tests and inspections?
150.513 What occurs during the monthly tests andinspections?
150.514 What are the annual tests and inspections?

                             Weight Testing

150.515 What are the requirements for weight testing ofnewly installed 
          or relocated craft?
150.516 What are the periodic requirements for weighttesting?

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150.517 How are weight tests supervised?

                          Personal Safety Gear

150.518 What are the inspection requirements for work vestsand immersion 
          suits?

                  Emergency Lighting and Power Systems

150.519 What are the requirements for emergency lighting andpower 
          systems?

                      Fire Extinguishing Equipment

150.520 When must fire extinguishing equipment be tested andinspected?
150.521 What records are required?

                        Miscellaneous Operations

150.530 What may the fire main system be used for?
150.531 How many fire pumps must be kept ready for use atall times?
150.532 What are the requirements for connection and stowageof fire 
          hoses?
150.540 What are the restrictions on fueling aircraft?
150.550 What are the requirements for the muster list?
150.555 How must cranes be maintained?

                  Subpart G_Workplace Safety and Health

150.600 What does this subpart do?

                       Safety and Health (General)

150.601 What are the safety and health requirements for theworkplace on 
          a deepwater port?
150.602 What occupational awareness training is required?
150.603 What emergency response training is required?
150.604 Who controls access to medical monitoring andexposure records?
150.605 What are the procedures for reporting a possibleworkplace safety 
          or health violation at a deepwater port?
150.606 After learning of a possible violation, what doesthe Officer in 
          Charge of Marine Inspection do?

                      General Workplace Conditions

150.607 What are the general safe working requirements?

                      Personal Protective Equipment

150.608 Who is responsible for ensuring that the personneluse or wear 
          protective equipment and are trained in its use?

                              Eyes and Face

150.609 When is eye and face protection required?
150.610 Where must eyewash equipment be located?

                                  Head

150.611 What head protection is required?

                                  Feet

150.612 What footwear is required?

                      Noise and Hearing Protection

150.613 What are the requirements for a noise monitoring andhearing 
          protection survey?

                                Clothing

150.614 When is protective clothing required?

                               Electrical

150.615 What safe practices are required?

                             Lockout/Tagout

150.616 What are the requirements for lockout?
150.617 What are the requirements for tagout?

                         Respiratory Protection

150.618 What are the requirements for respiratoryprotection?

                               Fall Arrest

150.619 What are the fall arrest system requirements?

                             Machine Guards

150.620 What are the requirements for protecting personnelfrom 
          machinery?

                                 Slings

150.621 What are the requirements for slings?

                              Warning Signs

150.622 What are the warning sign requirements?

                          Confined Space Safety

150.623 What are the requirements for protecting personnelfrom hazards 
          associated with confined spaces?

                          Blood-Borne Pathogens

150.624 What are the requirements for protecting personnelfrom blood-
          borne pathogens?

                      Hazard Communication Program

150.625 What must the hazard communication program contain?
150.626 What is the hazard communication program used for?
150.627 Must material safety data sheets be available to allpersonnel?

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150.628 How must the operator label, tag, and mark acontainer of 
          hazardous material?

                      Subpart H_Aids to Navigation

150.700 What does this subpart do?
150.705 What are the requirements for maintaining andinspecting aids to 
          navigation?
150.710 What are the requirements for supplying power toaids to 
          navigation?
150.715 What are the requirements for lights used as aids tonavigation?
150.720 What are the requirements for sound signals?

                      Subpart I_Reports and Records

150.800 What does this subpart do?

                                 Reports

150.805 What reports must be sent both to a classificationsociety and to 
          the Coast Guard?
150.810 Reporting a problem with an aid to navigation.
150.812 What is the purpose of reporting casualties ondeepwater ports?
150.815 How must casualties be reported?
150.820 When must a written report of casualty be submitted,and what 
          must it contain?
150.825 Reporting a diving-related casualty.
150.830 Reporting a pollution incident.
150.835 Reporting sabotage or subversive activity.

                                 Records

150.840 What records must be kept?
150.845 Personnel records.
150.850 How long must a declaration of inspection form bekept?

   Subpart J_Safety Zones, No Anchoring Areas, and Areas to BeAvoided

150.900 What does this subpart do?
150.905 Why are safety zones, no anchoring areas, and areasto be avoided 
          established?
150.910 What installations, structures, or activities areprohibited in a 
          safety zone?
150.915 How are safety zones, no anchoring areas, and areasto be avoided 
          established and modified?
150.920 How can I find notice of new or proposed safetyzones?
150.925 How long may a safety zone, no anchoring area, orarea to be 
          avoided remain in place?
150.930 What datum is used for the geographic coordinates inthis 
          subpart?
150.940 Safety zones for specific deepwater ports.

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), (m)(2); 33 
U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec.34, 68 FR 10619; 
Department of Homeland Security Delegation No.0170.1(70), (73), (75), 
(80).

    Source: 71 FR 57651, Sept. 29, 2006, unless otherwisenoted.



                            Subpart A_General



Sec. 150.1  What does this part do?

    This part provides requirements for the operation of deepwaterports.



Sec. 150.5  Definitions.

    See Sec. 148.5 of this chapter for the definition ofcertain terms 
used in this part.



Sec. 150.10  What are the general requirements for operations manuals?

    (a) Each deepwater port must have an operations manual thataddresses 
policies and procedures for normal and emergency operationsconducted at 
the port. The operations manual must, at a minimum,include the 
requirements outlined in Sec. 150.15.
    (b) The operations manual is reviewed and approved by theCommandant 
(G-P), who may consult with the local Officer inCharge of Marine 
Inspection (OCMI), as meeting the requirements of theAct and this 
subchapter. The original manual is approved as part ofthe application 
process in part 148 of this chapter.
    (c) The OCMI may approve subsequent changes to the operationsmanual, 
provided the Commandant (G-P) is notified and consultedregarding any 
significant modifications.
    (d) The manual must be readily available on the deepwater port 
foruse by personnel.
    (e) The licensee must ensure that all personnel are trained 
andfollow the procedures in the manual while at the deepwater port.



Sec. 150.15  What must the operations manual include?

    The operations manual required by Sec. 150.10 mustidentify the 
deepwater port and include the information required inthis section.
    (a) General information. A description of the geographiclocation of 
the deepwater port.
    (b) A physical description of the port.

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    (c) Engineering and construction information, including alldefined 
codes and standards used for the port structure and systems.The operator 
must include schematics of all applicable systems.Schematics must show 
the location of valves, gauges, system workingpressure, relief settings, 
monitoring systems, and other pertinentinformation.
    (d) Communications system. A description of a 
comprehensivecommunications plan, including:
    (1) Dedicated frequencies;
    (2) Communication alerts and notices between the deepwater portand 
arriving and departing vessels; and
    (3) Mandatory time intervals or communication schedules 
formaintaining a live radio watch, and monitoring frequencies 
forcommunication with vessels and aircraft.
    (e) Facility plan. A layout plan for the mooring areas,navigation 
aids, cargo transfer locations, and control stations.
    (f) The hours of operation.
    (g) The size, type, number, and simultaneous operations of 
tankersthat the port can handle.
    (h) Calculations, with supporting data or other documentation, 
toshow that the charted water depth at each proposed mooring location 
issufficient to provide at least a net under keel clearance of 5 feet,at 
the mean low water condition.
    (i) Tanker navigation procedures. The procedures for 
tankernavigation, including the information required in paragraphs 
(i)(1)through (i)(9) of this section.
    (1) The operating limits, maneuvering capability, draft, net 
underkeel clearance, tonnage, length, and breadth of the tanker that 
willbe accommodated at each designated mooring.
    (2) The speed limits proposed for tankers in the safety zone andarea 
to be avoided around the port.
    (3) Any special navigation or communication equipment that may 
berequired for operating in the safety zone and area to be avoided.
    (4) The measures for routing vessels, including a description ofthe 
radar navigation system to be used in operation of the deepwaterport:
    (i) Type of radar;
    (ii) Characteristics of the radar;
    (iii) Antenna location;
    (iv) Procedures for surveillance of vessels approaching,departing, 
navigating, and transiting the safety zone and area to beavoided;
    (v) Advisories to each tanker underway in the safety zoneregarding 
the vessel's position, port conditions, and status ofadjacent vessel 
traffic;
    (vi) Notices that must be made, as outlined inSec. 150.325, by the 
tanker master regarding the vessel'scharacteristics and status; and
    (vii) Rules for navigating, mooring, and anchoring in a safetyzone, 
area to be avoided, and anchorage area.
    (5) Any mooring equipment needed to make up to the single 
pointmooring (SPM).
    (6) The procedures for clearing tankers, support vessels, andother 
vessels and aircraft during emergency and routine conditions.
    (7) Weather limits for tankers, including a detailed descriptionof 
how to forecast the wind, wave, and current conditions for:
    (i) Shutdown of cargo transfer operations;
    (ii) Departure of the tanker from the mooring;
    (iii) Prohibition on mooring at the deep water port or SPM; and
    (iv) Shutdown of all port operations and evacuation of the port.
    (8) Any special illumination requirements for vessel 
arrival,discharge, and departure operations.
    (9) Any special watchstanding requirements for vessel 
transiting,mooring, or anchoring.
    (j) Personnel. The duties, title, qualifications, andtraining of all 
port personnel responsible for managing and carryingout the following 
port activities and functions:
    (1) Vessel traffic management;
    (2) Cargo transfer operations;
    (3) Safety and fire protection;
    (4) Maintenance and repair operations;
    (5) Emergency procedures; and
    (6) Port security.
    (k) The personnel assigned to supervisory positions must 
bedesignated, in writing, by the licensee and have the 
appropriateexperience and training to satisfactorily perform their 
duties. The

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Commandant (G-P) will review and approve thequalifications for all 
proposed supervisory positions.
    (l) Cargo transfer procedures. The procedures for cargotransfer must 
comply with the applicable requirements of parts 154 and156 for oil, and 
subpart B (Operations) to part 127 for natural gas,respectively, of this 
chapter, including the requirements specified inparagraphs (l)(1) 
through (l)(10) of this section.
    (1) The requirements for oil transfers in accordance with subpartA 
to part 156 of this chapter regarding:
    (i) Pre-transfer conference;
    (ii) Inspection of transfer site and equipment such as 
hoses,connectors, closure devices, monitoring devices, and containment;
    (iii) Connecting and disconnecting transfer equipment, including 
afloating hose string for a single point mooring (SPM);
    (iv) Preparation of the Declaration of Inspection; and
    (v) Supervision by a person in charge.
    (2) The requirements for natural gas transfers in accordance 
withsubpart B to part 127 of this chapter regarding:
    (i) Pre-transfer conference;
    (ii) Inspection of transfer site and equipment such as 
hoses,connectors, closure devices, leak monitoring devices, and 
containment;
    (iii) Connecting and disconnecting of transfer equipment,including 
to a floating hose string for a SPM;
    (iv) Line purging to test for leaks and to prepare for cool-downor 
heat-up phases as appropriate;
    (v) Preparation of the Declaration of Inspection; and
    (vi) Supervision by a port person in charge.
    (3) The shipping name of, and Material Safety Data Sheet on, 
anyproduct transferred.
    (4) The duties, title, qualifications, and training of personnelof 
the port designated as the person in charge and responsible formanaging 
cargo transfers, including ballasting operations ifapplicable to the 
port, in accordance with subpart D of part 154 foroil, and subpart B 
(Operations) of part 127 for natural gas,respectively, of this chapter.
    (5) Minimum requirements for watch personnel on board the 
vesselduring transfer operations, such as personnel necessary for 
checkingmooring gear, monitoring communications, and maintaining 
propulsionand steering on standby.
    (6) The start up and completion of pumping.
    (7) Emergency shutdown.
    (8) The maximum relief valve settings, the maximum availableworking 
pressure, and hydraulic shock to the system without reliefvalves, or 
both.
    (9) Equipment necessary to discharge cargo to the port 
complexwithout harm to the environment or to persons involved in the 
cargotransfer, including piping, adapters, bolted flanges, and quick-
disconnect coupling.
    (10) A description of the method used to water and de-water 
thesingle point mooring hoses when required.
    (m) Unusual arrangements that may be applicable, including:
    (1) A list and description of any extraordinary equipment 
orassistance available to vessels with inadequate pumping capacity,small 
cargoes, small diameter piping, or inadequate crane capacity;and
    (2) A description of special storage or delivery arrangements 
forunusual cargoes; for example, cool-down requirements for 
transfersystem components prior to transfer of liquefied natural gas.
    (n) Maintenance procedures. A maintenance program todocument service 
and repair of key equipment such as:
    (1) Cargo transfer equipment;
    (2) Firefighting and fire protection equipment;
    (3) Facility support services, such as generators, evaporators,etc.;
    (4) Safety equipment; and
    (5) Cranes.
    (o) A waste management plan comparable to Sec. 151.57.
    (p) Occupational health and safety training procedures.Policy and 
procedures to address occupational health and safetyrequirements 
outlined in Sec. Sec. 150.600 to 150.632 ofthis subpart, including:
    (1) Employee training in safety and hazard awareness, and properuse 
of personnel protective equipment;

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    (2) Physical safety measures in the workplace, such ashousekeeping 
and illumination of walking and working areas;
    (3) Fall arrest;
    (4) Personnel transfer nets;
    (5) Hazard communication (right-to-know);
    (6) Permissible exposure limits;
    (7) Machine guarding;
    (8) Electrical safety;
    (9) Lockout/tagout;
    (10) Crane safety;
    (11) Sling usage;
    (12) Hearing conservation;
    (13) Hot work;
    (14) Warning signs;
    (15) Confined space safety; and
    (16) Initial and periodic training and certification to bedocumented 
for each port employee and for visitors, where appropriate;for example, 
safety orientation training.
    (q) Emergency notification procedures. Emergency internaland 
external notification procedures:
    (1) Names and numbers of key port personnel;
    (2) Names and numbers of law enforcement and response agencies;
    (3) Names and numbers of persons in charge of any OCS facilitythat, 
due to close proximity, could be affected by an incident at thedeepwater 
port.
    (r) Quantity, type, location, and use of safety and fireprotection 
equipment, including the fire plan.
    (s) Aerial operations such as helicopter landing pad procedures.
    (t) Port response procedures for:
    (1) Fire;
    (2) Reportable product spill;
    (3) Personnel injury, including confined space rescue; and
    (4) Terrorist activity, as described in the port security plan.
    (u) Emergency evacuation procedures comparable toSec. 146.140(d) of 
this chapter.
    (v) Designation of and assignment of port personnel to responseteams 
for specific contingencies.
    (w) Individual and team training for incident response, inaccordance 
with 46 CFR 109.213, to cover:
    (1) Care and use of equipment;
    (2) Emergency drills and response, to include:
    (i) Type;
    (ii) Frequency, which must be at least annually; and
    (iii) Documentation, including records, reports and disseminationof 
``lessons learned''.
    (3) Documentation of the following minimum training requirementsfor 
response team members:
    (i) Marine firefighting training;
    (ii) First aid/CPR;
    (iii) Water survival;
    (iv) Spill response and clean up;
    (v) Identification of at least one employee trained and certifiedat 
the basic level as an emergency medical technician; and
    (vi) Identification of at least two employees trained andcertified 
as offshore competent persons in prevention of inadvertententry into 
hazardous confined spaces.
    (x) Security procedures. Deepwater port operators mustdevelop a 
deepwater port security plan comparable to those required by33 CFR part 
106. The plan must address at least:
    (1) Access controls for goods and materials and access controlsfor 
personnel that require positive and verifiable identification;
    (2) Monitoring and alerting of vessels that approach or enter 
theport's security zone;
    (3) Risk identification and procedures for detecting and 
deterringterrorist or subversive activity, such as security lighting 
andremotely-alarmed restricted areas;
    (4) Internal and external notification and response requirementsin 
the event of a perceived threat or an attack on the port;
    (5) Designation of the port security officer;
    (6) Required security training and drills for all personnel; and
    (7) The scalability of actions and procedures for the variouslevels 
of threat.
    (y) Special operations procedures. Include procedures forany special 
operations, such as:
    (1) Evacuation and re-manning;
    (2) Refueling;
    (3) Diving;
    (4) Support vessel operations;
    (5) Providing logistical services; and
    (6) Contingency response for events that could affect nearbyexisting 
OCS

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oil and gas facilities, such as explosions, fires,or product spills.
    (z) Recordkeeping of maintenance procedures, tests, and 
emergencydrills outlined elsewhere in the operations manual.
    (aa) Environmental procedures. A program for maintainingcompliance 
with license conditions and applicable environmental laws,by periodic 
monitoring of the environmental effects of the port andits operations, 
including:
    (1) Air and water monitoring in accordance with applicable 
Federaland State law;
    (2) A routine re-examination, not less than once every five years,of 
the physical, chemical, and biological factors contained in theport's 
environmental impact analysis and baseline study submitted withthe 
license application; and
    (3) A risk management plan, addressing the potential for 
anuncontrolled release; or provision for more detailed studies 
followingany uncontrolled release or other unusual event that adversely 
affectsthe environment.



Sec. 150.20  How many copies of the operations manual must be given to theCoast Guard?

    The draft operations manual must be included with the 
application,and the number of copies is governed by Sec. 148.115. 
Atleast five copies of the final operations manual, and of anysubsequent 
amendment, must be submitted to the Commandant(G-P). Additional copies 
may be required to meet the needs ofother agencies.



Sec. 150.25  Amending the operations manual.

    (a) Whenever the cognizant Captain of the Port (COTP) finds thatthe 
operations manual does not meet the requirements of this part, theCOTP 
notifies the licensee, in writing, of the inadequacies in themanual.
    (b) Within 45 days after the notice under paragraph (a) of 
thissection is sent, the licensee must submit written proposed 
amendmentsto eliminate the inadequacies.
    (c) The cognizant COTP reviews the amendments and makes 
adetermination as to the adequacy of the amendments and notifies 
thelicensee of the determination.
    (d) If the COTP decides that an amendment is necessary, theamendment 
goes into effect 60 days after the COTP notifies thelicensee of the 
amendment.
    (e) The licensee may petition the Commandant (G-P), via 
theappropriate district office, to review the decision of the COTP. 
Inthis case, the effective date of the amendment is delayed pending 
theCommandant's decision. Petitions must be made in writing and 
presentedto the COTP to forward to the Commandant (G-P).
    (f) If the COTP finds that a particular situation requiresimmediate 
action to prevent a spill or discharge, or to protect thesafety of life 
and property, the COTP may issue an amendment effectiveon the date that 
the licensee receives it. The COTP must include abrief statement of the 
reasons for the immediate amendment. Thelicensee may petition the 
District Commander for review, but thepetition does not delay the 
effective date of the amendment.



Sec. 150.30  Proposing an amendment to the operations manual.

    (a) The licensee may propose an amendment to the operationsmanual:
    (1) By submitting, in writing, the amendment and reasons for 
theamendments to the Captain of the Port (COTP) not less than 30 
daysbefore the requested effective date of the amendment; or
    (2) If the amendment is needed immediately, by submitting 
theamendment, and reasons why the amendment is needed immediately, to 
theCOTP in writing.
    (b) The COTP must respond to a proposed amendment by notifying 
thelicensee, in writing, before the requested date of the 
amendmentwhether the request is approved. If the request is disapproved, 
theCOTP must include the reasons for disapproval in the notice. If 
therequest is for an immediate amendment, the COTP must respond as 
soonas possible.

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Sec. 150.35  How may an adjacent coastal State request an amendment to theoperations manual?

    (a) An adjacent coastal State connected by pipeline to thedeepwater 
port may petition the cognizant Captain of the Port (COTP)to amend the 
operations manual. The petition must include sufficientinformation to 
allow the COTP to reach a decision concerning theproposed amendment.
    (b) After the COTP receives a petition, the COTP requests 
commentsfrom the licensee.
    (c) After reviewing the petition and comments, and considering 
thecosts and benefits involved, the COTP may approve the petition if 
theproposed amendment will provide equivalent or improved protection 
andsafety. The adjacent coastal State may petition the Commandant(G-P) 
to review the decision of the COTP. Petitions must bemade in writing and 
presented to the COTP for forwarding to theCommandant (G-P) via the 
District Commander.



Sec. 150.40  Deviating from the operations manual.

    If, because of a particular situation, the licensee needs todeviate 
from the operations manual, the licensee must submit a writtenrequest to 
the Captain of the Port (COTP) explaining why the deviationis necessary 
and what alternative is proposed. If the COTP determinesthat the 
deviation would ensure equivalent or greater protection andsafety, the 
COTP authorizes the deviation and notifies the licensee inwriting.



Sec. 150.45  Emergency deviation from this subchapter or the operations manual.

    In an emergency, any person may deviate from any requirement inthis 
subchapter, or any procedure in the operations manual, to ensurethe 
safety of life, property, or the environment. Each deviation mustbe 
reported to the Captain of the Port at the earliest possible time.



Sec. 150.50  What are the requirements for a facility spill response plan?

    (a) Each deepwater port which meets the applicability requirementsof 
part 154 subpart F of this chapter must have a facility responseplan 
that is approved by the Captain of the Port (COTP).
    (b) Each natural gas deepwater port must have a natural gasfacility 
emergency plan that meets part 127, subpart B of thischapter.
    (c) The response plan must be submitted to the COTP, in writing,not 
less than 60 days before the deepwater port begins operation.



                          Subpart B_Inspections



Sec. 150.100  What are the requirements for inspecting deepwater ports?

    Under the direction of the Officer in Charge of Marine 
Inspection(OCMI), marine inspectors may inspect deepwater ports to 
determinewhether the requirements of this subchapter are met. A 
marineinspector may conduct an inspection, with or without advance 
notice,at any time the OCMI deems necessary.



Sec. 150.105  What are the requirements for annual self-inspection?

    (a) The owner or operator of each manned deepwater port mustensure 
that the port is regularly inspected to determine whether thefacility is 
in compliance with the requirements of this subchapter.The inspection 
must be at intervals of no more than 12 months. Theinspection may be 
conducted up to 2 months after its due date, butwill be valid for only 
the 12 months following that due date.
    (b) The owner or operator must record and submit the results ofthe 
annual self-inspection to the Captain of the Port (COTP) within 30days 
of completing the inspection. The report must include adescription of 
any failure, and the scope of repairs made tocomponents or equipment, in 
accordance with the requirements insubpart I of this part, other than 
primary lifesaving, firefighting,or transfer equipment, which are 
inspected and repaired in accordancewith subpart F.
    (c) Prior to the initiation of a self-inspection plan, and 
beforecommencement of operations, the owner or operator must submit 
aproposal describing the self-inspection plan to the COTP foracceptance. 
The plan must address

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all applicable requirementsoutlined in parts 149 and 150 of this 
subchapter.



Sec. 150.110  What are the notification requirements upon receipt ofclassification society certifications?

    The licensee must notify the Captain of the Port, in writing, 
uponreceipt of a classification society certification, interim 
classcertificate, or single point mooring classification certificate.



                           Subpart C_Personnel



Sec. 150.200  Who must ensure that port personnel are qualified?

    The licensee must ensure that the individual filling a positionmeets 
the qualifications for that position as outlined in theoperations 
manual.



Sec. 150.205  What are the language requirements for port personnel?

    Only persons who read, write, and speak English may occupy 
theessential management positions outlined in the operations manual.



Sec. 150.210  What are the restrictions on serving in more than one position?

    No person may serve in more than one of the essential 
managementpositions outlined in the operations manual at any one time.



Sec. 150.225  What training and instruction are required?

    Personnel must receive training and instruction commensurate withthe 
position they hold. Procedures for documenting employee trainingmust be 
outlined in the operations manual.



                       Subpart D_Vessel Navigation



Sec. 150.300  What does this subpart do?

    This subpart supplements the International Regulations forPrevention 
of Collisions at Sea, 1972 (72 COLREGS) described insubchapter D of this 
chapter, and prescribes requirements that:
    (a) Apply to the navigation of all vessels at or near a 
deepwaterport; and
    (b) Apply to all vessels while in a safety zone, area to beavoided, 
or no anchoring area.



Sec. 150.305  How does this subpart apply to unmanned deepwater ports?

    The master of any tanker calling at an unmanned deepwater port 
isresponsible for the safe navigation of the vessel to and from theport, 
and for the required notifications in Sec. 150.325.Once the tanker is 
connected to the unmanned deepwater port, themaster must maintain radar 
surveillance in compliance with therequirements of Sec. 150.310.



Sec. 150.310  When is radar surveillance required?

    A manned deepwater port's person in charge of vessel operationsmust 
maintain radar surveillance of the safety zone or area to beavoided 
when:
    (a) A tanker is proceeding to the safety zone after submitting 
thereport required in Sec. 150.325;
    (b) A tanker or support vessel is underway in the safety zone orarea 
to be avoided;
    (c) A vessel other than a tanker or support vessel is about toenter 
or is underway in the safety zone or area to be avoided; or
    (d) As described in the port security plan.



Sec. 150.320  What advisories are given to tankers?

    A manned deepwater port's person in charge of vessel operationsmust 
advise the master of each tanker underway in the safety zone orarea to 
be avoided of the following:
    (a) At intervals not exceeding 10 minutes, the vessel's positionby 
range and bearing from the pumping platform complex; and
    (b) The position and the estimated course and speed, if moving, 
ofall other vessels that may interfere with the movement of the 
tankerwithin the safety zone or area to be avoided.



Sec. 150.325  What is the first notice required before a tanker enters thesafety zone or area to be avoided?

    (a) The owner, master, agent, or person in charge of a tankerbound 
for a manned deepwater port must comply with the notice ofarrival 
requirements in subpart C of part 160 of this chapter.
    (b) The owner, master, agent, or person in charge of a tankerbound 
for a

[[Page 245]]

manned deepwater port must report the pertinentinformation required in 
Sec. 150.15(i)(4)(vi) for thevessel, including:
    (1) The name, gross tonnage, and draft of the tanker;
    (2) The type and amount of cargo in the tanker;
    (3) The location of the tanker at the time of the report;
    (4) Any conditions on the tanker that may impair its navigation,such 
as fire, or malfunctioning propulsion, steering, navigational, 
orradiotelephone equipment. The testing requirements inSec. 164.25 of 
this chapter are applicable to vesselsarriving at a deepwater port;
    (5) Any leaks, structural damage, or machinery malfunctions thatmay 
impair cargo transfer operations or cause a product discharge; and
    (6) The operational condition of the equipment listed underSec. 
164.35 of this chapter on the tanker.
    (c) If the estimated time of arrival changes by more than 6 
hoursfrom the last reported time, the National Vessel Movement 
Center(NVMC) and the port's person in charge of vessel operations must 
benotified of the correction as soon as the change is known.
    (d) If the information reported in paragraphs (b)(4) or (b)(5) 
ofthis section changes at any time before the tanker enters the 
safetyzone or area to be avoided at the deepwater port, or while the 
tankeris in the safety zone or area to be avoided, the master of the 
tankermust report the changes to the NVMC and port's person in charge 
ofvessel operations as soon as possible.



Sec. 150.330  What is the second notice required before a tanker enters thesafety zone or area to be avoided?

    When a tanker bound for a manned deepwater port is 20 miles 
fromentering the port's safety zone or area to be avoided, the master 
ofthe tanker must notify the port's person in charge of vesseloperations 
of the tanker's name and location.



Sec. 150.340  What are the rules of navigation for tankers in the safety zone orarea to be avoided?

    (a) A tanker must enter or depart the port's safety zone or areato 
be avoided in accordance with the navigation procedures in theport's 
approved operations manual as described inSec. 150.15(i).
    (b) A tanker must not anchor in the safety zone or area to 
beavoided, except in a designated anchorage area.
    (c) A tanker may not enter a safety zone or area to be avoided 
inwhich another tanker is present, unless it has been cleared by 
theperson in charge of the port and no other tankers are underway.
    (d) A tanker must not operate, anchor, or moor in any area of 
thesafety zone or area to be avoided in which the net under 
keelclearance would be less than 5 feet.



Sec. 150.345  How are support vessels cleared to move within the safety zone orarea to be avoided?

    All movements of support vessels within a manned deepwater 
port'ssafety zone or area to be avoided must be cleared in advance by 
theport's person in charge of vessel operations.



Sec. 150.350  What are the rules of navigation for support vessels in the safetyzone or area to be avoided?

    A support vessel must not anchor in the safety zone or area to 
beavoided, except:
    (a) In an anchorage area; or
    (b) For vessel maintenance, which, in the case of a manneddeepwater 
port, must be cleared by the port's person in charge ofvessel 
operations.



Sec. 150.355  How are other vessels cleared to move within the safety zone?

    (a) Clearance by a manned deepwater port's person in charge ofvessel 
operations is required before a vessel, other than a tanker orsupport 
vessel, enters the safety zone.
    (b) The port's person in charge of vessel operations may clear 
avessel under paragraph (a) of this section only if its entry into 
thesafety zone would not:
    (1) Interfere with the purpose of the deepwater port;
    (2) Endanger the safety of life, property, or environment; or
    (3) Be prohibited by regulation.
    (c) At an unmanned deepwater port, such as a submerged turretlanding 
(STL) system, paragraphs (a) and (b) of this section applyonce a tanker 
connects to the STL buoy.

[[Page 246]]



Sec. 150.380  Under what circumstances may vessels operate within the safetyzone or area to be avoided?

    (a) Table 150.380(a) of this section lists both the areas within 
asafety zone where a vessel may operate and the clearance needed forthat 
location.

                      Table 150.380(a)--Regulated Activities of Vessels at Deepwater Ports
----------------------------------------------------------------------------------------------------------------
                                                                                              Other areas within
                                                          Areas to be                           and adjacent to
      Regulated activities           Safety zone      avoided aroundeach    Anchorage areas     the safety zone
                                                        deepwater port                        (e.g., noanchoring
                                                         component \1\                               area)
----------------------------------------------------------------------------------------------------------------
Tankers calling at port........  C                    C                   C                   C
Support vessel movements.......  C                    C                   C                   C
Transit by vessels other than    F                    D                   P                   P
 tankers or supportvessels.
Mooring to surface components    N                    N                   N                   N
 (for example an SPM) by
 vesselsother than tankers or
 support vessels.
Anchoring by vessels other than  N                    F                   C                   F
 tankers or supportvessels.
Fishing, including bottom trawl  N                    D                   P                   N
 (shrimping).
Mobile drilling operations or    N                    R                   N                   N
 erection ofstructures.\2\
Lightering/transshipment.......  N                    N                   N                   N
----------------------------------------------------------------------------------------------------------------
\1\ Areas to be avoided are in subpart J of this part.
\2\ Not part of Port Installation.
Key to regulated activities for Table 150.380(a):
C--Movement of the vessel is permitted when cleared by theperson in charge of vessel operations.
D--Movement is not restricted, but recommended transit speednot to exceed 10 knots. Communication with the
  person in charge ofvessel operations.
F--Only in an emergency. Anchoring will be avoided in a noanchoring area except in the case of immediate danger
  to the ship orpersons on board.
N--Not permitted.
P--Transit is permitted when the vessel is not in theimmediate area of a tanker, and when cleared by the vessel
  trafficsupervisor.
R--Permitted only if determined that operation does not createunacceptable risk to personnel safety and security
  and operation. Fortransiting foreign-flag vessels, the requirement for clearance toenter the area to be
  avoided and no anchoring area is advisory innature, but mandatory for an anchorage area established within
  12nautical miles.

    (b) If the activity is not listed in table 150.380(a) of 
thissection, nor otherwise provided for in this subpart, the Captain 
ofthe Port's permission is required before operating in the safety 
zoneor regulated navigation area.



Sec. 150.385  What is required in an emergency?

    In an emergency, for the protection of life or property, a vesselmay 
deviate from a vessel movement requirement in this subpart 
withoutclearance from a manned deepwater port's person in charge of 
vesseloperations if the master advises the port person in charge of 
thereasons for the deviation at the earliest possible moment.



                   Subpart E_Cargo Transfer Operations



Sec. 150.400  What does this subpart do?

    This subpart prescribes rules that apply to the transfer of oil 
ornatural gas at a deepwater port.



Sec. 150.405  How must a cargo transfer system be tested and inspected?

    (a) No person may transfer oil or natural gas through a 
cargotransfer system (CTS) at a deepwater port unless it has been 
inspectedand tested according to this section.
    (b) The single point mooring (SPM)-CTS must be maintainedas required 
by the design standards used to comply withSec. 149.650 of this 
chapter.
    (c) If the manufacturer's maximum pressure rating for any 
cargotransfer hose in a SPM-CTS has been exceeded, unless it wasexceeded 
for testing required by this section, the hose must be:

[[Page 247]]

    (1) Removed;
    (2) Hydrostatically tested to 1.5 times its maximum workingpressure 
for oil, or 1.1 times its maximum working pressure fornatural gas; and
    (3) Visually examined externally and internally for evidence of:
    (i) Leakage;
    (ii) Loose covers;
    (iii) Kinks;
    (iv) Bulges;
    (v) Soft spots; and
    (vi) Gouges, cuts, or slashes that penetrate the hosereinforcement.
    (d) Each submarine hose used in cargo transfer operations in anSPM-
CTS must have been removed from its coupling, surfaced, andexamined as 
described in paragraphs (c)(2) and (c)(3) of this section,within the 
preceding 2 years for oil, or 15 months for natural gas;and
    (e) Before resuming cargo transfer operations, each submarine hosein 
an SPM-CTS must be visually examined in place as describedin paragraph 
(c)(3) of this section after cargo transfer operationsare shut down due 
to sea conditions at the deepwater port.



Sec. 150.420  What actions must be taken when cargo transfer equipment isdefective?

    When any piece of equipment involved in oil or natural gastransfer 
equipment is defective:
    (a) The piece of equipment must be replaced or repaired beforemaking 
any further cargo transfers; and
    (b) The repaired or replaced piece must meet or exceed itsoriginal 
specifications. Repairs must be conducted in accordance withthe port's 
maintenance program outlined in the operations manual, andthat program 
must provide for the repair of natural gas transfer hosesin accordance 
with Sec. 127.405 of this chapter.



Sec. 150.425  What are the requirements for transferring cargo?

    Cargo transfer procedures must be outlined in the port 
operationsmanual and must provide:
    (a) Oil transfer procedures that accord withSec. 156.120 of this 
chapter; and
    (b) Natural gas transfer procedures that accord withSec. Sec. 
127.315, 127.317 and 127.319 of this chapter.



Sec. 150.430  What are the requirements for a declaration of inspection?

    (a) No person may transfer cargo from a tanker to a manneddeepwater 
port unless a declaration of inspection complying withSec. 156.150(c) 
for oil, or Sec. 127.317 fornatural gas, of this chapter has been 
filled out and signed by thevessel's officer in charge of cargo transfer 
and the person in charge(PIC) of cargo transfer for the deepwater port.
    (b) Before signing a declaration of inspection, the vessel'sofficer 
in charge of cargo transfer must inspect the tanker, and thePIC of cargo 
transfer for the deepwater port must inspect thedeepwater port. They 
must indicate, by initialing each item on thedeclaration of inspection 
form, that the tanker and deepwater portcomply with Sec. 156.150 for 
oil, or Sec. 127.317for natural gas, of this chapter.



Sec. 150.435  When are cargo transfers not allowed?

    No person may transfer cargo at a deepwater port:
    (a) When the person in charge (PIC) of cargo transfer is not onduty 
at the port;
    (b) During an electrical storm in the port's vicinity;
    (c) During a fire at the port, at the onshore receiving terminal,or 
aboard a vessel berthed at the port, unless the PIC of cargotransfer 
determines that a cargo transfer should be resumed as asafety measure;
    (d) When a leak develops so that a sufficient quantity of 
productaccumulates in the cargo containment underneath the manifold 
orpiping;
    (e) When there are not enough personnel nor equipment at the 
portdedicated to contain and remove the discharge or perform the 
emergencyresponse functions as required in the port's response plan 
under part154 for oil, or emergency plan under part 127 for natural gas, 
of thischapter;
    (f) Whenever the emergency shutdown system should have activatedbut 
failed to;
    (g) By lighterage, except in bunkering operations, unlessotherwise 
authorized by the Captain of the Port;
    (h) When the weather at the port does not meet the minimumoperating

[[Page 248]]

conditions for cargo transfers as defined in the port'soperations 
manual; or
    (i) When prescribed by the port security plan under 
heightenedsecurity conditions at the port or its adjacent areas, or on 
vesselscalling on or serving the port.



Sec. 150.440  How may the Captain of the Port order suspension of cargotransfers?

    (a) In case of emergency, the COTP may order the suspension ofcargo 
transfers at a port to prevent the discharge, or threat ofdischarge, of 
oil or natural gas, or to protect the safety of life andproperty.
    (b) An order of suspension may be made effective immediately.
    (c) The order of suspension must state the reasons for 
thesuspension.
    (d) The licensee may petition the District Commander to 
reconsiderthe order of suspension. The petition must be in writing, 
unless theorder of suspension takes effect immediately, in which case 
thepetition may be made by any means, but the petition does not delay 
theeffective date of the suspension. The decision of the 
DistrictCommander is considered a final agency action.



Sec. 150.445  When is oil in a single point mooring-oil transfer system(SPM-OTS) displaced with water?

    (a) The oil in an SPM-OTS must be displaced with water, andthe valve 
at the pipeline end manifold must be closed whenever:
    (1) A storm warning forecasts weather conditions that will exceedthe 
design operating criteria listed in the operations manual for theSPM-
OTS;
    (2) A vessel is about to depart the SPM because of stormconditions; 
or
    (3) The SPM is not scheduled for use in an oil transfer 
operationwithin the next 7 days.
    (b) The requirement in paragraph (a) of this section is waived 
ifport officials can demonstrate to the Officer in Charge of 
MarineInspection that a satisfactory alternative means of safely 
securingall cargo transfer hoses can be implemented in the event of 
severeweather conditions.



               Subpart F_Emergency and Specialty Equipment



Sec. 150.500  What does this subpart do?

    This subpart concerns requirements for maintenance, repair, 
andoperational testing of emergency and specialty equipment at 
adeepwater port.

                         Maintenance and Repair



Sec. 150.501  How must emergency equipment be maintained and repaired?

    All lifesaving, firefighting, and other emergency equipment at 
adeepwater port, including additional equipment not required to be 
onboard the deepwater port, must be maintained in good working order 
andrepaired according to the port's planned maintenance program and 
therequirements outlined in this subpart.

                     Lifesaving Equipment (General)



Sec. 150.502  What are the maintenance and repair requirements for lifesavingequipment?

    (a) Each deepwater port must have on board, or in the 
operator'sprincipal office in the case of an unmanned port, the 
manufacturer'sinstructions for performing onboard maintenance and repair 
of theport's lifesaving equipment. The instructions must include 
thefollowing for each item of equipment, as applicable:
    (1) Instructions for maintenance and repair;
    (2) A checklist for use when carrying out the monthly 
inspectionsrequired under Sec. 150.513;
    (3) A schedule of periodic maintenance;
    (4) A diagram of lubrication points with the recommendedlubricants;
    (5) A list of replaceable parts;
    (6) A list of spare parts sources; and
    (7) A log for records of inspections and maintenance.
    (b) In lieu of the manufacturer's instructions required 
underparagraph (a) of this section, the deepwater port may have its 
ownonboard planned maintenance program for maintenance and repair that 
isequivalent to the procedures recommended by the equipmentmanufacturer.

[[Page 249]]

    (c) The deepwater port must designate a person in charge ofensuring 
that maintenance and repair is carried out in accordance withthe 
instructions required in paragraph (a) of this section.
    (d) If deficiencies in the maintenance or condition of 
lifesavingequipment are identified, the Officer in Charge of Marine 
Inspection(OCMI) may review the instructions under paragraph (a) of this 
sectionand require appropriate changes to the instructions or operations 
toprovide for adequate maintenance and readiness of the equipment.
    (e) When lifeboats, rescue boats, and liferafts are not 
fullyoperational because of ongoing maintenance or repairs, there must 
be asufficient number of fully operational lifeboats and 
liferaftsavailable for use to accommodate all persons on the deepwater 
port.
    (f) Except in an emergency, repairs or alterations affecting 
theperformance of lifesaving equipment must not be made without 
notifyingthe OCMI in advance. The person in charge must report 
emergencyrepairs or alterations to lifesaving equipment to the OCMI, as 
soon aspracticable.
    (g) The person in charge must ensure that spare parts and 
repairequipment are provided for each lifesaving appliance and 
componentsubject to excessive wear or consumption.

                          Launching Appliances



Sec. 150.503  What are the time interval requirements for maintenance onsurvival craft falls?

    (a) Each fall used in a launching device for survival craft orrescue 
boats must be turned end-for-end at intervals of not more than30 months.
    (b) Each fall must be replaced by a new fall when deteriorated, orat 
intervals of not more than 5 years, whichever is earlier.
    (c) A fall that cannot be turned end-for-end under paragraph (a)of 
this section must be carefully inspected between 24 and 30 monthsafter 
its installation. If the inspection shows that the fall isfaultless, the 
fall may be continued in service up to 4 years afterits installation. It 
must be replaced by a new fall 4 years afterinstallation.



Sec. 150.504  When must the operator service and examine lifeboat and rescueboat launching appliances?

    (a) The operator must service launching appliances for lifeboatsand 
rescue boats at intervals recommended in the manufacturer'sinstructions 
under Sec. 150.502(a), or according to thedeepwater port's planned 
maintenance program underSec. 150.502(b).
    (b) The operator must thoroughly examine launching appliances 
forlifeboats and rescue boats at intervals of not more than 5 years. 
Uponcompletion of the examination, the operator must subject the 
winchbrakes of the launching appliance to a dynamic test.



Sec. 150.505  When must the operator service and examine lifeboat and rescueboat release gear?

    (a) The operator must service lifeboat and rescue boat releasegear 
at intervals recommended in the manufacturer's instructions underSec. 
150.502(a), or according to the deepwater port'splanned maintenance 
program under Sec. 150.502(b).
    (b) The operator must subject lifeboat and rescue boat releasegear 
to a thorough examination at each annual self-certificationinspection by 
personnel trained in examining the gear.

                    Inflatable Lifesaving Appliances



Sec. 150.506  When must the operator service inflatable lifesaving appliancesand marine evacuation systems?

    (a) The operator must service each inflatable lifejacket, 
hybridinflatable lifejacket, and marine evacuation system at 1-
yearintervals after its initial packing. The operator may delay 
theservicing for up to 5 months to meet the next scheduled inspection 
ofthe deepwater port.
    (b) The operator must service each inflatable liferaft no laterthan 
the month and year on its servicing sticker under 46 CFR160.151-
57(m)(3)(ii), except that the operator may delayservicing by up to 5 
months to meet the next scheduled inspection ofthe deepwater port. The 
operator must also service each inflatableliferaft:
    (1) Whenever the container of the raft is damaged; or

[[Page 250]]

    (2) Whenever the container straps or seals are broken.



Sec. 150.507  How must the operator service inflatable lifesaving appliances?

    (a) The operator must service each inflatable liferaft accordingto 
46 CFR subpart 160.151.
    (b) The operator must service each inflatable lifejacket accordingto 
46 CFR subpart 160.176.
    (c) The operator must service each hybrid inflatable 
lifejacketaccording to the owner's manual and the procedures in 46 CFR 
subpart160.077.



Sec. 150.508  What are the maintenance and repair requirements for inflatablerescue boats?

    The operator must perform the maintenance and repair of 
inflatablerescue boats according to the manufacturer's instructions.

               Operational Tests and Inspections (General)



Sec. 150.509  How must emergency equipment be tested and inspected?

    All lifesaving, firefighting, and other emergency equipment at 
adeepwater port must be tested and inspected under this subpart.



Sec. 150.510  How must tested emergency equipment be operated?

    The equipment must be operated under the operating instructions 
ofthe equipment's manufacturer when tests or inspections 
includeoperational testing of emergency equipment.



Sec. 150.511  What are the operational testing requirements for lifeboat andrescue boat release gear?

    (a) Lifeboat and rescue boat release gear must be 
operationallytested under a load of 1.1 times the total mass of the 
lifeboat orrescue boat when loaded with its full complement of persons 
andequipment.
    (b) The test must be conducted whenever the lifeboat, rescue boat,or 
its release gear is overhauled, or at least once every 5 years.
    (c) The Officer in Charge of Marine Inspection may consideralternate 
operational test procedures to those under paragraph (a) ofthis section.

                   Frequency of Tests and Inspections



Sec. 150.512  What occurs during the weekly tests and inspections?

    The required weekly tests and inspections of lifesaving equipmentare 
as follows:
    (a) The operator must visually inspect each survival craft, 
rescueboat, and launching device to ensure its readiness for use;
    (b) The operator must test the general alarm system; and
    (c) The operator must test for readiness of the engine, 
startingdevice, and communications equipment of each lifeboat and rescue 
boataccording to the manufacturer's instructions.



Sec. 150.513  What occurs during the monthly tests and inspections?

    (a) The operator must inspect each item of lifesaving equipmentunder 
Sec. 150.502(b) of this subpart monthly, to ensurethat the equipment is 
complete and in good order. The operator mustkeep on the deepwater port, 
or in the operator's principal office inthe case of an unmanned 
deepwater port, a report of the inspectionthat includes a statement as 
to the condition of the equipment, andmake the report available for 
review by the Coast Guard.
    (b) The operator must test, on a monthly basis, each 
emergencyposition indicating radio beacon (EPIRB) and each search and 
rescuetransponder (SART), other than an EPIRB or SART in an 
inflatableliferaft. The operator must test the EPIRB using the 
integrated testcircuit and output indicator to determine whether the 
EPIRB isoperational.



Sec. 150.514  What are the annual tests and inspections?

    At least annually, the operator must:
    (a) Strip, clean, thoroughly inspect, and, if needed, repair 
eachlifeboat, rescue boat, and liferaft. At that time, the operator 
mustalso empty, clean, and refill each fuel tank with fresh fuel;
    (b) Thoroughly inspect and, if needed, repair each davit, 
winch,fall, and other launching device;
    (c) Check all lifesaving equipment and replace any item that 
ismarked with an expiration date that has passed;

[[Page 251]]

    (d) Check all lifesaving equipment batteries and replace anybattery 
that is marked with an expiration date that has passed; and
    (e) Replace any battery that is not marked with an expiration dateif 
that battery is used in an item of lifesaving equipment, except fora 
storage battery used in a lifeboat or rescue boat.
    (f) The requirements in this section do not relieve the person 
incharge of the requirement to keep the equipment ready for 
immediateuse.

                             Weight Testing



Sec. 150.515  What are the requirements for weight testing of newly installed orrelocated craft?

    (a) The operator must perform installation weight testing, usingthe 
procedure outlined in 46 CFR 199.45(a)(1) on each new lifeboat,rescue 
boat, and davit-launched liferaft system.
    (b) The operator must conduct installation weight tests, accordingto 
paragraph (a) of this section, when survival crafts are relocatedto 
another deepwater port.



Sec. 150.516  What are the periodic requirements for weight testing?

    The operator must weight test, using the procedure outlined in 46CFR 
199.45(a)(1), each lifeboat, davit-launched liferaft, and rescueboat 
every time a fall is replaced or turned end-for-end.



Sec. 150.517  How are weight tests supervised?

    (a) The installation and periodic tests required bySec. Sec. 
150.515 and 150.516 of this subpart must besupervised by a person 
familiar with lifeboats, davit-launchedliferafts, rescue boats, and with 
the test procedures under thosesections.
    (b) The person supervising the tests must attest, in writing, 
thatthe tests have been performed according to Coast Guard 
regulations.The operator must keep a copy of the supervisor's attesting 
statementon board the deepwater port, or in the operator's principal 
office inthe case of an unmanned deepwater port, and make it available 
to theOfficer in Charge of Marine Inspection.

                          Personal Safety Gear



Sec. 150.518  What are the inspection requirements for work vests and immersionsuits?

    (a) All work vests and immersion suits must be inspected by theowner 
or operator pursuant to Sec. 150.105 of this part todetermine whether 
they are in serviceable condition.
    (b) If a work vest or immersion suit is inspected and is 
inserviceable condition, then it may remain in service. If not, then 
itmust be removed from the deepwater port.

                  Emergency Lighting and Power Systems



Sec. 150.519  What are the requirements for emergency lighting and powersystems?

    (a) The operator must test and inspect the emergency lighting 
andpower systems at least once a week to determine if they are in 
properoperating condition. If they are not in proper operating 
condition,then the operator must repair or replace their defective 
parts.
    (b) The operator must test, under load, each emergency 
generatordriven by an internal combustion engine that is used for an 
emergencylighting and power system at least once per month for a minimum 
of 2hours.
    (c) The operator must test each storage battery for the 
emergencylighting and power systems at least once every 6 months to 
demonstratethe ability of the batteries to supply the emergency loads 
for an 8-hour period. The operator must follow the manufacturer's 
instructionsin performing the battery test to ensure the batteries are 
not damagedduring testing.

                      Fire Extinguishing Equipment



Sec. 150.520  When must fire extinguishing equipment be tested and inspected?

    The operations manual must specify how and when the operator 
willtest and inspect each portable fire extinguisher, semi-portable 
fireextinguisher, and fixed fire extinguishing system. 
Thesespecifications must accord with 46 CFR 31.10-18.

[[Page 252]]



Sec. 150.521  What records are required?

    (a) The operator must maintain a record of each test andinspection 
under Sec. 150.520 on the deepwater port, or inthe operator's principal 
office in the case of an unmanned deepwaterport, for at least 2 years.
    (b) The record must show:
    (1) The date of each test and inspection;
    (2) The number or other identification of each fire extinguisheror 
system tested or inspected; and
    (3) The name of the person who conducted the test or inspectionand 
the name of the company that person represents.

                        Miscellaneous Operations



Sec. 150.530  What may the fire main system be used for?

    The fire main system may be used only for firefighting and 
deckwashing, unless it is capable of being isolated and can provide 
theapplicable minimum pressures required in Sec. 149.416 ofthis 
chapter.



Sec. 150.531  How many fire pumps must be kept ready for use at all times?

    At least one of the fire pumps required by this subchapter must 
bekept ready for use at all times.



Sec. 150.532  What are the requirements for connection and stowage of firehoses?

    (a) At least one length of fire hose, with a combination nozzle,must 
be connected to each fire hydrant at all times. If it is exposedto the 
weather, the fire hose may be removed from the hydrant duringfreezing 
weather.
    (b) When not in use, a fire hose connected to a fire hydrant mustbe 
stowed on a hose rack.
    (c) The hydrant nearest the edge of a deck must have enough firehose 
length connected to it to allow 10 feet of hose, whenpressurized, to 
curve over the edge.



Sec. 150.540  What are the restrictions on fueling aircraft?

    If the deepwater port is not equipped with a permanent 
fuelingfacility, the Captain of the Port's approval is necessary 
beforeaircraft may be fueled at the port.



Sec. 150.550  What are the requirements for the muster list?

    (a) A muster list must be posted on each pumping platform complex.
    (b) The muster list must:
    (1) List the name and title of each person, in order ofsuccession, 
who is the person in charge of the pumping platformcomplex for purposes 
of supervision during an emergency;
    (2) List the special duties and duty stations for each person onthe 
pumping platform complex, in the event of an emergency thatrequires the 
use of equipment covered by part 149 of this chapter; and
    (3) Identify the signals for calling persons to their 
emergencystations and for abandoning the pumping platform complex.



Sec. 150.555  How must cranes be maintained?

    Cranes must be operated, maintained, and tested in accordance with46 
CFR part 109, subpart F.



                  Subpart G_Workplace Safety and Health



Sec. 150.600  What does this subpart do?

    This subpart sets safety and health requirements for the workplaceon 
a deepwater port.

                       Safety and Health (General)



Sec. 150.601  What are the safety and health requirements for the workplace on adeepwater port?

    (a) Each operator of a deepwater port must ensure that the 
portcomplies with the requirements of this subpart, and must ensure 
thatall places of employment within the port are:
    (1) Maintained in compliance with workplace safety and 
healthregulations of this subpart; and
    (2) Free from recognized hazardous conditions.
    (b) Persons responsible for actual operations, including 
owners,operators, contractors, and subcontractors must ensure that 
thoseoperations subject to their control are:

[[Page 253]]

    (1) Conducted in compliance with workplace safety and 
healthregulations of this subpart; and
    (2) Free from recognized hazardous conditions.
    (c) The term ``recognized hazardous conditions,'' asused in this 
subpart, means conditions that are:
    (1) Generally known among persons in the affected industry 
ascausing, or likely to cause, death or serious physical harm to 
personsexposed to those conditions; and
    (2) Routinely controlled in the affected industry.



Sec. 150.602  What occupational awareness training is required?

    (a) Each deepwater port operator must ensure that all portpersonnel 
are provided with information and training on recognizedhazardous 
conditions in their workplace, including, but not limitedto, electrical, 
mechanical, and chemical hazards. Specific requiredtraining topics are 
outlined in Sec. 150.15(w).
    (b) As an alternative to compliance with the specific provisionsof 
this subpart, an operator may provide, for workplace safety andhealth, 
the implementation of an approved, port-specific safety andenvironmental 
management program (SEMP). Operators should consult withthe Commandant 
(G-P) in preparing an SEMP. Five copies of aproposed SEMP must be 
submitted to the Commandant for evaluation. TheCommandant may consult 
with the local Officer in Charge of MarineInspection, and will approve 
the SEMP if he or she finds that the SEMPprovides at least as much 
protection of workplace safety and health asdo the specific provisions 
of this subpart.



Sec. 150.603  What emergency response training is required?

    The requirements for emergency response training must be outlinedin 
the port operations manual.



Sec. 150.604  Who controls access to medical monitoring and exposure records?

    If medical monitoring is performed or exposure records aremaintained 
by an employer, the owner, operator, or person in chargemust establish 
procedures for access to these records by personnel.



Sec. 150.605  What are the procedures for reporting a possible workplace safetyor health violation at a deepwater port?

    Any person may notify the Officer in Charge of Marine 
Inspectionverbally or in writing of:
    (a) A possible violation of a regulation in this part; or
    (b) A hazardous or unsafe working condition on any deepwater port.



Sec. 150.606  After learning of a possible violation, what does the Officer inCharge of Marine Inspection do?

    After reviewing the information received underSec. 150.605 of this 
part, and conducting any necessaryinvestigation, the OCMI notifies the 
owner or operator of anydeficiency or hazard and initiates enforcement 
measures as thecircumstances warrant. The identity of any person making 
a report of aviolation will remain confidential, except to the extent 
necessary forthe performance of official duties or as agreed to by the 
person.

                      General Workplace Conditions



Sec. 150.607  What are the general safe working requirements?

    (a) All equipment, including machinery, cranes, derricks, 
portablepower tools, and, most importantly, safety gear must be used in 
a safemanner and in accordance with the manufacturer's recommended 
practice,unless otherwise stated in this subchapter.
    (b) All machinery and equipment must be maintained in properworking 
order or removed.

                      Personal Protective Equipment



Sec. 150.608  Who is responsible for ensuring that the personnel use or wearprotective equipment and are trained in its use?

    (a) Each deepwater port operator must ensure that all personnelwear 
personal protective equipment when within designated work areas.
    (b) Each deepwater port operator must ensure that:
    (1) All personnel engaged in the operation are trained in theproper 
use,

[[Page 254]]

limitations, and maintenance of the personalprotective equipment 
specified by this subpart;
    (2) The equipment is maintained and used or worn as required bythis 
subpart; and
    (3) The equipment is made available and on hand for all 
personnelengaged in the operation.

                              Eyes and Face



Sec. 150.609  When is eye and face protection required?

    The operator must provide eye and face protectors for the use 
ofpersons engaged in or observing activities where damage to the eye 
ispossible, such as welding, grinding, machining, chipping, 
handlinghazardous materials, or burning or cutting acetylene. These eye 
andface protectors must be:
    (a) Properly marked and in compliance with the requirements of 29CFR 
1910.133; and
    (b) Maintained in good condition or replaced when necessary.



Sec. 150.610  Where must eyewash equipment be located?

    Portable or fixed eyewash equipment providing emergency reliefmust 
be immediately available near any area where there is areasonable 
probability that eye injury may occur.

                                  Head



Sec. 150.611  What head protection is required?

    The deepwater port operator must ensure that where there is 
areasonable probability of injury from falling objects or contact 
withelectrical conductors, personnel working or visiting such an area 
wearhead protectors designed to protect them against such injury 
andcomplying with 29 CFR 1910.135.

                                  Feet



Sec. 150.612  What footwear is required?

    The deepwater port operator must ensure that while personnel 
areworking in an area, or engaged in activities, where there is 
areasonable probability for foot injury to occur, they wear footwearthat 
complies with 29 CFR 1910.136, except for when environmentalconditions 
exist that present a hazard greater than that against whichthe footwear 
is designed to protect.

                      Noise and Hearing Protection



Sec. 150.613  What are the requirements for a noise monitoring and hearingprotection survey?

    (a) The deepwater port operator must measure noise and 
providehearing protection in accordance with 29 CFR 1910.95.
    (b) The initial noise survey for a deepwater port must becompleted 
within one year of beginning operations.

                                Clothing



Sec. 150.614  When is protective clothing required?

    The deepwater port operator must ensure that personnel exposed 
toflying particles, radiant energy, heavy dust, or hazardous 
materialswear clothing and gloves that protect against the hazard 
involved.

                               Electrical



Sec. 150.615  What safe practices are required?

    (a) The deepwater port operator must ensure that before 
personnelbegin work that might expose them to an electrical charge, they 
turnoff the electricity, unless doing so is not feasible.
    (b) The deepwater port operator must ensure that personnel 
turningoff equipment pursuant to paragraph (a) of this section follow 
thelockout or tagging procedures specified in 29 CFR 1910.147, and 
inSec. Sec. 150.616 and 150.617.
    (c) The deepwater port operator must ensure that, to 
preventelectrical shock, personnel receive training in electrical, 
safety-related work practices in the area of the work they perform, 
includingthe use of electrical personal protective equipment appropriate 
toprotect against potential electrical hazards.

[[Page 255]]

                             Lockout/Tagout



Sec. 150.616  What are the requirements for lockout?

    The deepwater port operator must ensure that, if 
electrical,hydraulic, mechanical, or pneumatic equipment does not need 
to bepowered during the work described in Sec. 150.615(a), andhas a 
lockout or other device to prevent the equipment from beingturned on 
unintentionally, that the lockout or other device isactivated.



Sec. 150.617  What are the requirements for tagout?

    (a) The deepwater port operator must ensure that, before worktakes 
place on equipment that is disconnected from the power source, atag 
complying with this section is placed at the location where thepower is 
disconnected. The operator must ensure that, if there is acontrol panel 
for the equipment in line between the equipment and thelocation where 
the power is disconnected, a tag complying with thissection is also 
placed on the control panel.
    (b) Each tag or sign must have words stating:
    (1) That equipment is being worked on;
    (2) That power must not be restored or the equipment activated;and
    (3) The name of the person who placed the tag.
    (c) Only the person who placed the tag, that person's 
immediatesupervisor, or the relief person of either, is authorized to 
removethe tag.

                         Respiratory Protection



Sec. 150.618  What are the requirements for respiratory protection?

    (a) The deepwater port operator must ensure that 
respiratoryprotection measures are taken in compliance with 29 CFR 
1910.134including establishment of a formal respiratory protection 
program.
    (b) The deepwater port operator must ensure that measures 
forprotection from exposure to asbestos are taken in compliance with 
29CFR 1910.1001.
    (c) The deepwater port operator must ensure that measures 
forprotection from exposure to inorganic lead are taken in 
compliancewith 29 CFR 1910.1025.

                               Fall Arrest



Sec. 150.619  What are the fall arrest system requirements?

    (a) The deepwater port operator must ensure that all personnel 
whoare exposed to the risk of falling more than 6 feet, or who are 
atrisk of falling any distance onto equipment with irregular 
surfaces,exposed moving components, electrically energized cables 
orconnectors, or water, are protected against such a fall by 
guardrailsor other measures that comply with 29 CFR 1910.23 or 1910.28, 
or bythe use of suitable lifesaving equipment that complies with 46 
CFRpart 160.
    (b) In addition, the operator must take measures to control therisk 
of falling, tripping, or slipping in work areas and walkways dueto the 
presence of loose material or wet conditions, including spills.

                             Machine Guards



Sec. 150.620  What are the requirements for protecting personnel from machinery?

    The deepwater port operator must ensure that all personnel 
areprotected from the risks created by operating machinery through 
theuse of guard devices or other measures that comply with 29 
CFR1910.212, or through the use of conspicuously posted warning 
signsthat comply with Sec. 150.626 of this part.

                                 Slings



Sec. 150.621  What are the requirements for slings?

    The use of slings for handling material must comply with 
therequirements of 29 CFR 1910.184.

                              Warning Signs



Sec. 150.622  What are the warning sign requirements?

    The construction and use of warning signs must be in compliancewith 
29 CFR 1910.144 and 1910.145.

[[Page 256]]

                          Confined Space Safety



Sec. 150.623  What are the requirements for protecting personnel from hazardsassociated with confined spaces?

    (a) All personnel must be protected by suitable measures 
frominadvertently entering a confined space containing a 
hazardousatmosphere that can cause death or serious injury.
    (b) Each deepwater port operator shall evaluate the specifichazards 
associated with entering the port's confined spaces, anddevelop a 
confined space safe entry program that complies with:
    (1) 29 CFR 1910.146 for permit-required confined spaces, 
whereapplicable; and
    (2) A national consensus standard, as that term is defined in 29CFR 
1910.2, or that is set by a nationally recognized testinglaboratory as 
defined in 29 CFR 1910.7 and that provides levels ofpersonnel protection 
at least equivalent to those provided forshipyard personnel by 29 CFR 
part 1915, subpart B.
    (c) To implement the confined space safe entry program, thedeepwater 
port operator must determine the education, training, andexperience 
needed by the designated competent persons to safelyconduct their 
duties, including:
    (1) Identification, testing, and certification of confined 
spaces;and
    (2) Training of personnel regarding dangers.
    (d) These measures must be specified in the port operationsmanual, 
along with a list of all confined spaces on the port,describing the 
specific hazards associated with each such space.

                          Blood-Borne Pathogens



Sec. 150.624  What are the requirements for protecting personnel from blood-borne pathogens?

    Measures for protection from the dangers of blood-borne 
pathogensmust be taken in compliance with 29 CFR 1910.1030.

                      Hazard Communication Program



Sec. 150.625  What must the hazard communication program contain?

    (a) Each deepwater port must have a hazard communication 
programavailable for the training of, and review by, all personnel on 
thedeepwater port.
    (b) The program must be in writing and describe or include:
    (1) An inventory of each hazardous material on the deepwater port;
    (2) The potential hazards of the material;
    (3) The material's intended use on the deepwater port;
    (4) The methods for handling and storing the material;
    (5) The protective measures and equipment used to avoid 
hazardousexposure;
    (6) The labeling, marking, or tagging of the material;
    (7) The special precautions, such as lockout and tagout 
underSec. Sec. 150.616 and 150.617, that should be emphasizedwhen 
working around the material;
    (8) Information and training required for personnel on board 
thedeepwater port; and
    (9) A material safety data sheet for the material.
    (c) The information on a material safety data sheet itself may 
beused by the employer as a tool for educating employees about 
thehazards posed by the material, provided the employees acknowledge 
andcan demonstrate appropriate precautionary measures to minimize risk 
tohealth and safety.
    (d) The program must be supplemented as necessary to address 
eachhazardous material newly introduced on the deepwater port.



Sec. 150.626  What is the hazard communication program used for?

    (a) The hazard communication program must ensure that alldeepwater 
port employees, when required by their duties, work safelyand 
responsibly with hazardous materials.
    (b) The person in charge for safety must ensure that, before aperson 
is allowed to work at the deepwater port:
    (1) A copy of the hazard communication program is made availableto 
the person; and
    (2) The person is trained in the information contained in 
theprogram.
    (c) The training must be supplemented to address each 
hazardousmaterial newly introduced on the deepwater port.

[[Page 257]]



Sec. 150.627  Must material safety data sheets be available to all personnel?

    (a) The person in charge must ensure that a material safety 
datasheet (MSDS) for each hazardous material on the fixed or 
floatingdeepwater port is made available to all personnel on the port.
    (b) Each MSDS must contain at least information on the use, 
properstorage, potential hazards, and appropriate protective and 
responsemeasures to be taken when exposed to or handling the material.



Sec. 150.628  How must the operator label, tag, and mark a container ofhazardous material?

    The operator must label, tag, or mark each container of 
hazardousmaterial with the identity of the hazardous material and 
theappropriate physical, health, reactive and other special 
conditionhazard warnings. The only exception is for portable containers 
thattransfer hazardous material from a labeled container to the work 
sitefor immediate use by the person who performs the transfer.



                      Subpart H_Aids to Navigation



Sec. 150.700  What does this subpart do?

    This subpart provides requirements for the operation of aids 
tonavigation at a deepwater port.



Sec. 150.705  What are the requirements for maintaining and inspecting aids tonavigation?

    (a) All aids to navigation must be maintained in proper 
operatingcondition at all times.
    (b) The Coast Guard may inspect all aids to navigation at any 
timewithout notice.



Sec. 150.710  What are the requirements for supplying power to aids tonavigation?

    The power of all navigation aids must be maintained, at all times,at 
or above the level recommended by the equipment's manufacturer.



Sec. 150.715  What are the requirements for lights used as aids to navigation?

    (a) Each light under part 149, subpart E of this chapter, used asa 
navigation aid on a deepwater port, must be lit continuously fromsunset 
to sunrise.
    (b) During construction, a platform or single point mooring, 
ifpositioned on the surface or within the net under keel depth 
fortankers transiting within the safety zone, must be marked with 
atleast one of the following:
    (1) The obstruction lights required for the structure in part 
149,subpart E of this chapter;
    (2) The fixed lights of a vessel attending the structure; or
    (3) The general illumination lights on the structure, if they meetor 
exceed the intensity required for obstruction lights required forthe 
structure.
    (c) The focal plane of each obstruction light and lit rotatingbeacon 
must always coincide with the horizontal plane that passesthrough the 
light source.



Sec. 150.720  What are the requirements for sound signals?

    The sound signal on each pumping platform complex must be 
operatedwhenever the visibility in any horizontal direction from the 
structureis less than 5 miles. If the platform is under construction, 
thisrequirement may be met by the use of a 2-second whistle blast, 
madeevery 20 seconds by a vessel moored at the platform.



                      Subpart I_Reports and Records



Sec. 150.800  What does this subpart do?

    This subpart concerns reports and records that the licensee mustkeep 
and submit.

                                 Reports



Sec. 150.805  What reports must be sent both to a classification society and tothe Coast Guard?

    The licensee must submit to the Officer in Charge of 
MarineInspection a copy of each report submitted to an 
authorizedclassification society, as defined in 46 CFR 8.100, for 
maintenance ofa single point mooring's class under the rules of that 
society.

[[Page 258]]



Sec. 150.810  Reporting a problem with an aid to navigation.

    (a) Any problem affecting the operation or characteristics of 
anavigation aid at the deepwater port must be reported to the 
DistrictCommander by the fastest means available. The report must 
identify:
    (1) The navigation aid affected;
    (2) The aid's location;
    (3) The nature of the problem; and
    (4) The estimated repair time.
    (b) When the problem is corrected, the District Commander must 
benotified.



Sec. 150.812  What is the purpose of reporting casualties on deepwater ports?

    The Coast Guard, upon receipt of a reported marine casualty on 
adeepwater port, as outlined in Sec. 150.815, will conduct 
aninvestigation to determine the cause of the incident and to 
takeappropriate measures to promote safety of life and property. The 
CoastGuard investigator will follow the procedures outlined in 46 
CFRsubpart 4.07 in conducting the investigation.



Sec. 150.815  How must casualties be reported?

    (a) Immediately after aiding the injured and stabilizing 
thesituation, the owner, operator, or person in charge of a 
deepwaterport must notify the nearest Sector, Marine Safety Unit, or 
otherCoast Guard unit of each event on, or involving, the deepwater 
portthat results in one or more of the following:
    (1) Loss of life;
    (2) An injury that requires professional medical treatment 
beyondfirst aid and, if the person is engaged or employed on the 
deepwaterport, that renders the individual unfit to perform his or her 
routineduties;
    (3) Impairment of the port's operations or primary lifesaving 
orfire-fighting equipment; or
    (4) Property damage in excess of $100,000, including damageresulting 
from a vessel or aircraft striking the port. This amountincludes the 
cost of labor and material to restore all affected items,including, but 
not limited to, restoring the port and the vessel oraircraft to their 
condition before the damage. This amount does notinclude the cost of 
salvage, cleaning, gas freeing, dry-docking, ordemurrage of the port, 
vessel, or aircraft.
    (b) The notice under paragraph (a) of this section must identifythe 
following:
    (1) The deepwater port involved;
    (2) The owner, operator, or person in charge of the port;
    (3) The nature and circumstances of the event; and
    (4) The nature and extent of the injury and damage resulting fromthe 
event.
    (c) The operator will ensure that the report contains theinformation 
pertinent to OCS operations as outlined in part 140 ofthis chapter when 
the deepwater port is co-located on a facilityregulated by the Minerals 
Management Service.



Sec. 150.820  When must a written report of casualty be submitted, and what mustit contain?

    (a) In addition to the notice of casualty underSec. 150.815, the 
owner, operator, or person in charge of adeepwater port must submit a 
written report of the event to thenearest Officer in Charge of Marine 
Inspection (OCMI) within 5 days ofthe casualty notice. The report may be 
on Form 2692, Report of MarineAccident, Injury, or Death, or in 
narrative form if it contains all ofthe applicable information requested 
in Form 2692. Copies of Form 2692are available from the OCMI.
    (b) The written report must also include the information relatingto 
alcohol and drug involvement specified by 46 CFR 4.05-12.The deepwater 
port operator will ensure compliance with the chemicaltesting procedures 
outlined in 46 CFR part 16.
    (c) If filed immediately after the event, the written reportrequired 
by paragraph (a) of this section serves as the noticerequired under 
Sec. 150.815.
    (d) The operator will ensure that the written report is providedto 
the nearest regional Minerals Management Service (MMS) office whenthe 
deepwater port is co-located with an MMS-regulated facility.

[[Page 259]]



Sec. 150.825  Reporting a diving-related casualty.

    Deaths and injuries related to diving within the safety zone of 
adeepwater port must be reported according to 46 CFR 197.484 and197.486, 
rather than to Sec. Sec. 150.815 and 150.820.



Sec. 150.830  Reporting a pollution incident.

    Oil pollution incidents involving a deepwater port are 
reportedaccording to Sec. Sec. 135.305 and 135.307 of thischapter.



Sec. 150.835  Reporting sabotage or subversive activity.

    The owner, operator, or person in charge of a deepwater port 
mustimmediately report to the Captain of the Port, by the fastest 
possiblemeans, any evidence of sabotage or subversive activity against 
anyvessel at the deepwater port or against the deepwater port itself.

                                 Records



Sec. 150.840  What records must be kept?

    (a) The licensee must keep copies at the deepwater port of 
thereports, records, test results, and operating data required by 
thispart. In the case of unmanned deepwater ports, these copies must 
bekept at the operator's principal office rather than on the port.
    (b) The copies must be readily available to Coast Guardinspectors.
    (c) Except for personnel records under Sec. 150.845, thecopies must 
be kept for 3 years.



Sec. 150.845  Personnel records.

    The licensee must keep documentation on the designation 
andqualification of the supervisory positions, outlined in the 
portoperations manual, that are responsible for the management of 
thedeepwater port. These records must be kept for the life of 
thedeepwater port.



Sec. 150.850  How long must a declaration of inspection form be kept?

    The licensee must keep signed copies of the declaration ofinspection 
forms required by Sec. 150.430 for one month fromthe date of signature.



   Subpart J_Safety Zones, No Anchoring Areas, and Areas To BeAvoided



Sec. 150.900  What does this subpart do?

    (a) This subpart provides requirements for the 
establishment,restrictions, and location of safety zones, no anchoring 
areas (NAAs),and areas to be avoided (ATBAs) around deepwater ports.
    (b) Subpart D of this part, concerning vessel navigation 
andactivities permitted and prohibited at deepwater ports, applies 
tosafety zones, NAAs, ATBAs, and their adjacent waters; and 
supplementsthe International Regulations for Preventing Collisions at 
Sea.
    (c) Recommended shipping safety fairways associated with 
deepwaterports are described in part 166 of this chapter.



Sec. 150.905  Why are safety zones, no anchoring areas, and areas to be avoidedestablished?

    (a) Safety zones, no anchoring areas (NAAs) and areas to beavoided 
(ATBAs) under this subchapter are established to promotesafety of life 
and property, marine environmental protection, andnavigational safety at 
deepwater ports and adjacent waters.
    (b) Safety zones are the only federally regulated navigationareas. 
They accomplish these objectives by preventing or controllingspecific 
activities, limiting access by vessels or persons, and byprotecting the 
living resources of the sea from harmful agents.
    (c) The NAAs and ATBAs are established via the InternationalMaritime 
Organization (IMO). An NAA, specifically established toprotect vessels 
in transit and sub-surface deepwater port components,will be mandatory. 
An ATBA will be a recommendatory routing measure.
    (d) The sizes of restricted areas will be the minimum size neededto 
ensure safety, while at the same time considering potential impactson 
other activities, including recreational boating, fishing, and 
OCSactivity.

[[Page 260]]



Sec. 150.910  What installations, structures, or activities are prohibited in asafety zone?

    No installations, structures, or activities that are 
incompatiblewith or that present an unacceptable risk to safety of the 
deepwaterport's operations or activity are allowed in the safety zone of 
adeepwater port.



Sec. 150.915  How are safety zones, no anchoring areas, and areas to be avoidedestablished and modified?

    (a) Safety zones are developed and designated during theapplication 
process for a deepwater port license, and may beestablished or modified 
through rulemaking. Rulemakings will affordprior public notice and 
comment, except when there is good cause notto do so, for example due to 
an imminent threat to the safety of lifeand property.
    (b) Before a safety zone, no anchoring area (NAA), or area to 
beavoided (ATBA) is established, all factors detrimental to safety 
areconsidered, including but not limited to:
    (1) The scope and degree of the risk or hazard involved;
    (2) Vessel traffic characteristics and trends, including 
trafficvolume, the sizes and types of vessels involved, 
potentialinterference with the flow of commercial traffic, the presence 
of anyunusual cargoes, and other similar factors;
    (3) Port and waterway configurations and variations in 
localconditions of geography, climate and other similar factors;
    (4) The need for granting exemptions for the installation and useof 
equipment or devices for use with vessel traffic services forcertain 
classes of small vessels, such as self-propelled fishingvessels and 
recreational vessels;
    (5) The proximity of fishing grounds, oil and gas drilling 
andproduction operations, or other potential or actual 
conflictingactivity;
    (6) Environmental factors;
    (7) Economic impact and effects;
    (8) Existing vessel traffic services; and
    (9) Local practices and customs, including voluntary arrangementsand 
agreements within the maritime community.
    (c) The Executive Branch, acting through the Secretary of Stateand 
Commandant (G-P) proposes NAAs and ATBAs for deepwaterports to the 
International Maritime Organization (IMO) for approval.The ATBAs will be 
implemented after IMO approval is granted andannounced in an IMO 
Circular, and after publication of a notice in theFederal Register.



Sec. 150.920  How can I find notice of new or proposed safety zones?

    In addition to documents published in the Federal Registerunder 
Sec. 150.915, the District Commander may providepublic notice of new or 
proposed safety zones by Broadcast Notices toMariners, Notices to 
Mariners, Local Notices to Mariners, newspapers,broadcast stations, or 
other means.



Sec. 150.925  How long may a safety zone, no anchoring area, or area to beavoided remain in place?

    A safety zone, no anchoring area, or area to be avoided may gointo 
effect as early as initial delivery of construction equipment 
andmaterials to the deepwater port site, and may remain in place 
untilthe deepwater port is removed.



Sec. 150.930  What datum is used for the geographic coordinates in this subpart?

    The geographic coordinates used in this subpart have been revisedto 
enable plotting using the North American Datum of 1983 (NAD 83) andno 
longer require the use of any further conversion factors forcorrection.

[USCG-2007-27887, 72 FR 45903, Aug. 16, 2007]



Sec. 150.940  Safety zones for specific deepwater ports.

    (a) Louisiana Offshore Oil Port (LOOP). (1) The location ofthe 
safety zone for LOOP is as described in Table 150.940(A):

[[Page 261]]



          Table 150.940(A)--Safety Zone forLOOP, Gulf of Mexico
------------------------------------------------------------------------
        Plotting guidance             Latitude N          Longitude W
------------------------------------------------------------------------
(i) Startingat                    28[deg]55[min]24[s  90[deg]00[min]37[s
                                                ec]                 ec]
(ii) A rhumb lineto:              28[deg]53[min]51[s  90[deg]04[min]07[s
                                                ec]                 ec]
(iii) Then an arc with a 4,465    28[deg]53[min]07[s  90[deg]01[min]30[s
 meter (4,883 yard) radius                      ec]                 ec]
 centeredat the port's pumping
 platformcomplex
(iv) To apoint                    28[deg]51[min]08[s  90[deg]03[min]06[s
                                                ec]                 ec]
(v) Then a rhumb lineto           28[deg]50[min]10[s  90[deg]02[min]24[s
                                                ec]                 ec]
(vi) Then a rhumb lineto          28[deg]49[min]06[s  89[deg]55[min]54[s
                                                ec]                 ec]
(vii) Then a rhumb lineto         28[deg]48[min]37[s  89[deg]55[min]00[s
                                                ec]                 ec]
(viii) Then a rhumb lineto        28[deg]52[min]05[s  89[deg]52[min]42[s
                                                ec]                 ec]
(ix) Then a rhumb lineto          28[deg]53[min]11[s  89[deg]53[min]42[s
                                                ec]                 ec]
(x) Then a rhumb lineto           28[deg]54[min]53[s  89[deg]57[min]00[s
                                                ec]                 ec]
(xi) Then a rhumb lineto          28[deg]54[min]53[s  89[deg]59[min]36[s
                                                ec]                 ec]
(xii) Then an arc with a 4,465    ..................
 meter (4,883 yard) radius
 centeredagain at the port's
 pumping platform complex
(xiii) To the point ofstarting    28[deg]55[min]24[s  90[deg]00[min]37[s
                                                ec]                 ec]
------------------------------------------------------------------------

    (2) The areas to be avoided within the safety zone are:
    (i) The area encompassed within a circle having a 600 meter 
radiusaround the port's pumping platform complex and centered 
at28[deg]53[min]07[sec] N, 90[deg]01[min]30[sec] W.
    (ii) The six areas encompassed within a circle having a 500 
meterradius around each single point mooring (SPM) at the port and 
centeredat:

------------------------------------------------------------------------
             Latitude N                          Longitude W
------------------------------------------------------------------------
28[deg]54[min]13[sec]                90[deg]00[min]37[sec]
28[deg]53[min]17[sec]                89[deg]59[min]59[sec]
28[deg]52[min]16[sec]                90[deg]00[min]19[sec]
28[deg]51[min]46[sec]                90[deg]01[min]25[sec]
28[deg]52[min]09[sec]                90[deg]02[min]33[sec]
28[deg]53[min]08[sec]                90[deg]03[min]02[sec]
------------------------------------------------------------------------

    (3) The anchorage area within the safety zone is an area enclosedby 
the rhumb lines joining points at:

------------------------------------------------------------------------
             Latitude N                          Longitude W
------------------------------------------------------------------------
28[deg]52[min]22[sec]                89[deg]57[min]47[sec]
28[deg]54[min]06[sec]                89[deg]56[min]38[sec]
28[deg]52[min]05[sec]                89[deg]52[min]42[sec]
28[deg]50[min]21[sec]                89[deg]53[min]51[sec]
28[deg]52[min]22[sec]                89[deg]57[min]47[sec]
------------------------------------------------------------------------

    (b) The Gulf Gateway Deepwater Port (GGDWP)--(1)Description. The 
GGDWP safety zone is centered at the followingcoordinates: 
28[deg]05[min]17[sec] N, 93[deg]03[min]07[sec] W.This safety zone, 
encompassed within a circle having a 500 meterradius around the primary 
component of the Gulf Gateway DeepwaterPort, the submerged loading 
turret (buoy) and the pipeline endmanifold (STL/PLEM), is located 
approximately 116 miles off theLouisiana coast at West Cameron Area, 
South Addition Block 603``A''.
    (i) A mandatory no anchoring area contained within a circle ofradius 
1,500 meters centered on the following geographical position 
isdesignated as a mandatory no anchoring area: 28[deg]05[min]17[sec]N, 
93[deg]03[min]07[sec] W.
    (ii) An area to be avoided within a circle of radius 2,000 
meterscentered on the following geographical position is designated as 
anarea to be avoided: 28[deg]05[min]17[sec] N,93[deg]03[min]07[sec] W.
    (2) Regulations. Deepwater port support vessels desiring toenter the 
safety zone must contact and obtain permission from the 
LNGRegasification Vessel (LNGRV) stationed at the deepwater port. 
TheLNGRV can be contacted on VHF-FM Channel 13.

[USCG-2007-27887, 72 FR 45903, Aug. 16, 2007]

    Effective Date Note: By USCG-2007-0087, 73FR 34194, June 17, 2008, 
Sec. 150.940 was amended by addingparagraph (c), effective July 17, 
2008. For the convenience of theuser, the added text is set forth as 
follows:



Sec. 150.940  Safety zones for specific deepwater ports.

                                * * * * *

    (c) Northeast Gateway Deepwater Port (NEGDWP)--(1)Location. The 
safety zones for the NEGDWP consist of circularzones, each with a 500-
meter radius and centered on each of thedeepwater port's two submerged 
turret loading (STL) buoys. STL Buoy``A'' is centered at the following 
coordinates:42[deg]23[min]38[sec] N, 070[deg]35[min]31[sec] W. STL 
Buoy``B'' is centered at the following coordinates:42[deg]23[min]56[sec] 
N, 070[deg]37[min]00[sec] W. Each safetyzone is located approximately 13 
miles south-southeast of the City ofGloucester, Massachusetts, in 
Federal waters.

[[Page 262]]

    (2) No anchoring areas. Two mandatory no anchoringareas for NEGDWP 
are established for all waters within circles of1,000-meter radii 
centered on the submerged turret loading buoypositions set forth in 
paragraph (c)(1) of this section.
    (3) Area to be avoided. An area to be avoided (ATBA) forNEGDWP is as 
described in Table 150.940(B):

                    Table 150.940(B)--ATBA for NEGDWP
------------------------------------------------------------------------
         Plotting guidance              Latitude N        Longitude W
------------------------------------------------------------------------
(i) Startingat....................  42[deg]24[min]17[  070[deg]35[min]16
                                                 sec]              [sec]
(ii) A rhumb lineto:..............  42[deg]24[min]35[  070[deg]36[min]46
                                                 sec]              [sec]
(iii) Then an arc with a 1250       42[deg]23[min]56[  070[deg]37[min]00
 meter radius centered atpoint....               sec]              [sec]
(iv) To apoint....................  42[deg]23[min]17[  070[deg]37[min]15
                                                 sec]              [sec]
(v) Then a rhumb lineto...........  42[deg]22[min]59[  070[deg]35[min]45
                                                 sec]              [sec]
(vi) Then an arc with a 1250 meter  42[deg]23[min]38[  070[deg]35[min]31
 radius centered atpoint..........               sec]              [sec]
(vii) To the point ofstarting.....  42[deg]24[min]17[  070[deg]35[min]16
                                                 sec]              [sec]
------------------------------------------------------------------------

    (4) Regulations. (i) In accordance with the generalregulations set 
forth in 33 CFR 165.23 and elsewhere in this part, noperson or vessel 
may enter the waters within the boundaries of thesafety zones described 
in paragraph (c)(1) of this section unlesspreviously authorized by the 
Captain of the Port (COTP) Boston, orhis/her authorized representative.
    (ii) Notwithstanding paragraph (c)(4)(i) of this section, tankersand 
support vessels, as defined in 33 CFR 148.5, operating in thevicinity of 
NEGDWP are authorized to enter and move within such zonesin the normal 
course of their operations following the requirementsset forth in 33 CFR 
150.340 and 150.345, respectively.
    (iii) All other vessel operators desiring to enter or operatewithin 
the safety zones described in paragraph (c)(1) of this sectionmust 
contact the COTP or the COTP's authorized representative toobtain 
permission by calling the Sector Boston Command Center at617-223-5761. 
Vessel operators given permission to enteror operate in the safety zone 
must comply with all directions given tothem by the COTP or the COTP's 
authorized representative.
    (iv) No vessel, other than a support vessel or tanker calling 
onNEGDWP may anchor in the area described in paragraph (c)(2) of 
thissection.

[[Page 263]]

                                  INDEX

                        SUBCHAPTER NN_DEEPWATER PORTS

  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

Administrative Law Judge........................................Part 148
Assignment of administrative law judge........................148.228(c)
Authority of the administrative law judge........................148.236
Jurisdiction of the administrative law judge.....................148.234
Aids to Navigation at Deepwater Ports
Applicability...........................................149.505, 150.705
Applicability of other regulations......................149.505, 150.700
Applicability...........................................149.100, 148.400
Applications for ATON............................................149.505
Lights...........................................................150.715
Power supply.....................................................150.710
Application Proceeding...............................Part 148, Subpart C
Applicability....................................................148.200
Applications...................................................Subpart B
Changes to.......................................................148.211
Contents of......................................................148.105
Processing.......................................................148.209
Withdrawal, of...................................................148.213
Approval or Denial of an Application...........................Subpart C
Criteria and consideration.......................................148.279
Decision process.................................................148.276
Multiple applications............................................148.281
Termination of proceeding before approval or denial..............148.283
Availability of documents in the record..........................148.207

                                 B

Buoys
Characteristics..................................................149.565
Light intensity..................................................149.565
Number and location..............................................149.565

                                 C

Claims and objection.............................................148.221
Clearances for
Other vessels....................................................150.355
Support vessels..................................................150.345
Tankers.................................................150.325, 150.330
Clerk; docket; record............................................148.205

[[Page 264]]

                                 D

Definitions........................................................148.5
Design, construction, and equipment.............................Part 149
Designation of adjacent Coastal States...........................148.217
Deepwater Ports Regulations....................................Subpart F
Applicability....................................................148.100
Coordination with States.........................................148.700
Environmental review criteria......................Supbart G to Part 148
Exemption criteria...............................................148.500
Petition for exemption...........................................148.505
Deepwater Port Safety Zone Boundaries..............Subpart J to Part 150
Loop, Inc.; Gulf of Mexico; geographic coordinates...............150.940
Design and Equipment
Construction.....................................................149.615
Design standards.................................................149.625

                                 E

Evidence...................................................148.252(d)(5)

                                 F

Fees, copies............................................148.115, 148.125
Fire Fighting Equipment
 Axes............................................................149.412
Extinguishers
Landing areas with fueling facility..............................149.418
Landing areas with no fueling facility...........................149.417
Location................................................149.409, 149.410
Marking..........................................................149.405
Portable and semiportable........................................149.405
Fire detection and alarm systems.................................149.414
 Fire hose
Nozzle..................................................149.405, 150.532
Fire hydrants....................................................149.417
Fireman's outfits................................................149.411
Fire fighting systems for helicopter pads........................149.420
Fixed fire main system for water.................................149.415
Formal Hearings.............................Subpart B of 148, 148.228(b)
A person not a party to..........................................148.242
Appearance and practice..........................................148.244
Assignment of administrative law judge........................148.228(c)
Authority of the administrative law judge........................148.236
Determination to hold formal hearing; notice of..................148.230
Evidence..........................................148.242, 148.252(d)(5)
Filing...........................................................148.246
Jurisdiction of the administrative law judge.....................148.234
Order of procedure...............................................148.252
Parties..........................................................148.238
Reporter; transcript; correction.................................148.254
Requirements for documents.......................................148.248
Service of document; other transmittal...........................148.250
Subpoenas...............................................148.236, 148.252

                                 G

General
Applicability......................................................150.1

[[Page 265]]

Deviations........................................................150.40
Emergency deviations..............................................150.45
Licensee.......................................................150.10(e)
Purpose..........................................................149.100

                                 H

Hearing date..................................................148.228(b)
Helicopter
Fueling facilities...............................................149.655

                                 I

Identification of a platform and Single Point Mooring (SPM)......149.540
Informal Public Hearing........................................Subpart C
Notice of public hearing.........................................148.222
Issuance of a License............................................148.315
Applicability......................................................148.3
Consultation with adjacent coastal States........................148.307

                                 L

Liability, limits................................................148.605
Lifesaving Equipment
General alarm system.............................................149.665
Inflatable life rafts............................................149.308
Launching equipment for inflatable life rafts....................149.312
Launching equipment for lifeboats................................149.311
Lifeboats........................................................149.306
Lifeboats and inflatable life rafts: General.....................149.303
Lights, portable.................................................149.700
Litters..........................................................149.324
 Markings
For personal flotation devices (PFD's)...........................149.331
Of general alarm system..........................................149.665
On lifeboats, life rafts, paddles, and oars......................149.333
Personal flotation devices, Type I...............................149.331
Public address system............................................149.675
Ring life buoys, approved (Type IV PFD's)........................149.320
Lights
Characteristics of obstruction lights............................149.520
Chromaticity.....................................................149.520
Color............................................................149.520
Display of information...........................................149.520
Focus............................................................149.520
Intensity of obstruction lights..................................149.520
Leveling.........................................................149.520
Light source.....................................................149.520
Markings for piles and pile clusters.............................149.520
Obstruction lights,location on a platform and SPM................149.540
Obstruction lights, number and location on a floating hosestring 
                                                                 149.550
Radar beacon.....................................................149.580
Rotating lighted beacon..........................................149.535
Limits of Liability................................Subpart F of Part 148

                                 N

Navigation of
Other vessels in the safety zone.................................150.355
Radar surveillance...............................................150.310

[[Page 266]]

Report before entering safety zone...............................150.350
Support vessels in the safety zone...............................150.350
Tankers in the safety zone.......................................150.340
Notice of public hearing......................................148.222(b)
Notification
To the Commandant................................................148.209

                                 O

Operations......................................................Part 150
Applicability......................................................150.1
Emergency drills.................................................150.509
Firehose: Connection and stowage.................................150.532
Fire main system.................................................150.530
Fire pump........................................................150.531
Illumination...............................................150.715(b)(3)
Lifesaving equipment.............................................150.502
Maintenance of equipment.........................................150.501
Maintenance of personal protection equipment.....................150.608
Personal protection equipment, use of............................150.608
Operations Manual:
Amendment.........................................................150.25
Copies............................................................150.20
General............................................................150.1
Response Plans....................................................150.50
Weather monitoring...............................................150.435

                                 P

Pipeline end manifold shut off valve.............................149.110
Pollution Prevention Equipment.....................Subpart B of Part 149
Blank flange and shutoff valve...................................149.115
Communication equipment..........................................149.140
Cargo transfer system alarm......................................149.130
Discharge containment and removal material, and equipment........149.103
Malfunction detection system.....................................149.125
Manually operated shutoff valve..................................149.120
Marking of cargo transfer system alarm...........................149.135
Overflow and relief valve........................................149.105
Pipeline and manifold (PLEM) shutoff valve.......................149.110

                                 R

Reports and Records
Casualty or accident (46 CFR Part 4).............................150.815
Declaration of Inspection........................................150.850
Key personnel: Designations and qualifications...................150.845
Sabotage or subversive activity..................................150.835

                                 S

Safety Equipment
Curbs, gutters, drains, and reservoirs...........................149.145
Emergency power..................................................149.660
Means of escape from platform....................................149.691
Open sided deck, deck opening, catwalk, and helicopter 
padprotection....................................................149.694
Personal landing illumination.................................149.693(b)
Personal landings................................................149.693
Safety Zones for specific deepwater ports........................150.940

[[Page 267]]

Site Evaluation................................................Subpart E
Notice of proposed site evaluation...............................148.405
Purpose..........................................................148.400
Reports(Site Evaluation)..........................148.405(b)(7), 148.415
Suspension and prohibition of activities.........................148.420
SPM's............................................................149.540
Subpoenas...............................................148.236, 148.252

                                 V

Vessel Navigation
Notice of arrival(Vessel Navigation)....................150.325, 150.330
Advisories to tankers............................................150.320
Applicability....................................................150.300

[[Page 268]]



                         SUBCHAPTER O_POLLUTION





PART 151_VESSELS CARRYING OIL, NOXIOUSLIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLASTWATER--Table of Contents




      Subpart A_Implementation of MARPOL 73/78 and the Protocolon 
    Environmental Protection to the Antarctic Treaty as it Pertains 
                         toPollution from Ships

                                 General

Sec.
151.01 Purpose.
151.03 Applicability.
151.04 Penalties for violation.
151.05 Definitions.
151.06 Special areas.
151.07 Delegations.
151.08 Denial of entry.

                              Oil Pollution

151.09 Applicability.
151.10 Control of oil discharges.
151.11 Exceptions for emergencies.
151.13 Special areas for Annex I of MARPOL 73/78.
151.15 Reporting requirements.
151.17 Surveys.
151.19 International Oil Pollution Prevention (IOPP)Certificates.
151.21 Ships of countries not party to MARPOL 73/78.
151.23 Inspection for compliance and enforcement.
151.25 Oil Record Book.
151.26 Shipboard oil pollution emergency plans.
151.27 Plan submission and approval.
151.28 Plan review and revision.
151.29 Foreign ships.

                   Noxious Liquid Substance Pollution

151.30 Applicability.
151.31 Where to find requirements applying to oceangoingships carrying 
          Category A, B, C, and D NLS.
151.32 Special areas for the purpose of Annex II.
151.33 Certificates needed to carry Category C Oil-like NLS.
151.35 Certificates needed to carry Category D NLS andCategory D Oil-
          like NLS.
151.37 Obtaining an Attachment for NLSs to the IOPPCertificate and 
          obtaining an NLS Certificate.
151.39 Operating requirements: Category D NLS.
151.41 Operating requirements for oceangoing ships with 
          IOPPCertificates: Category C and D Oil-like NLSs.
151.43 Control of discharge of NLS residues.
151.47 Category D NLSs other than oil-like Category D NLSsthat may be 
          carried under this part.
151.49 Category C and D Oil-like NLSs allowed for carriage.

                      Garbage Pollution and Sewage

151.51 Applicability.
151.53 Special areas for Annex V of MARPOL 73/78.
151.55 Recordkeeping requirements.
151.57 Waste management plans.
151.59 Placards.
151.61 Inspection for compliance and enforcement.
151.63 Shipboard control of garbage.
151.65 Reporting requirements.
151.66 Operating requirements: Discharge of garbage in thenavigable 
          waters prohibited.
151.67 Operating requirements: Discharge of plasticprohibited.
151.69 Operating requirements: Discharge of garbage outsidespecial 
          areas.
151.71 Operating requirements: Discharge of garbage withinspecial areas.
151.73 Operating requirements: Discharge of garbage fromfixed or 
          floating platforms.
151.75 Grinders or comminuters.
151.77 Exceptions for emergencies.

Appendix A to Sec. Sec. 151.51 through151.77--Summary of Garbage 
          Discharge Restrictions
151.79 Operating requirements: Discharge of sewage withinAntarctica.

       Subpart B_Transportation of Municipal and Commercial Waste

151.1000 Purpose.
151.1003 Applicability.
151.1006 Definitions.
151.1009 Transportation of municipal or commercial waste.
151.1012 Applying for a conditional permit.
151.1015 Issuing or denying the issuance of a conditionalpermit.
151.1018 Withdrawal of a conditional permit.
151.1021 Appeals.
151.1024 Display of number.

 Subpart C_Ballast Water Management for Control ofNonindigenous Species 
                   in the Great Lakes and Hudson River

151.1500 Purpose.
151.1502 Applicability.
151.1504 Definitions.
151.1506 Restriction of operation.

[[Page 269]]

151.1508 Revocation of clearance.
151.1510 Ballast water management.
151.1512 Vessel safety.
151.1514 Ballast water management alternatives underextraordinary 
          conditions.
151.1516 Compliance monitoring.
151.1518 Penalties for failure to conduct ballast watermanagement.

 Subpart D_Ballast Water Management for Control ofNonindigenous Species 
                     in waters of the United States

151.2000 What is the purpose of this subpart?
151.2005 To which vessels does this subpart apply?
151.2007 What are the penalties for violations of themandatory 
          provisions of this subpart?
151.2010 Which vessels are exempt from the mandatoryrequirements?
151.2015 Is a vessel in innocent passage exempt from themandatory 
          requirements?
151.2025 What definitions apply to this subpart?
151.2030 Who is responsible for determining when to use thesafety 
          exemption?
151.2035 What are the required ballast water managementpractices for my 
          vessel?
151.2036 If my voyage does not take me into waters 200nautical miles or 
          greater from any shore, must I divert to conduct aballast 
          water exchange?
151.2037 If my vessel cannot conduct ballast watermanagement practices 
          because of its voyage and/or safety concerns,will I be 
          prohibited from discharging ballast water?
151.2040 What are the mandatory ballast water managementrequirements for 
          vessels equipped with ballast tanks that operate inthe waters 
          of the United States and are bound for ports or places inthe 
          United States?
151.2041 What are the mandatory ballast water reportingrequirements for 
          all vessels equipped with ballast tanks bound forports or 
          places of the United States?
151.2043 Equivalent Reporting Methods for vessels other thanthose 
          entering the Great Lakes or Hudson River after operating 
          outsidethe EEZ or Canadian equivalent.
151.2045 What are the mandatory recordkeeping requirementsfor vessels 
          equipped with ballast tanks that are bound for a port orplace 
          in the United States?
151.2050 What methods are used to monitor compliance withthis subpart?
151.2055 Where are the alternate exchange zones located?[Reserved]
151.2060 What must each application for approval of analternative 
          compliance technology contain? [Reserved]
151.2065 What is the standard of adequate compliancedetermined by the 
          ANSTF for this subpart? [Reserved]

Appendix to Subpart D of Part 151--Ballast WaterReporting Form and 
          Instructions for Ballast Water Reporting Form

    Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101;Pub. L. 104-
227 (110 Stat. 3034); E.O. 12,777, 3 CFR, 1991Comp. p. 351; Department 
of Homeland Security Delegation No. 0170.1.



      Subpart A_Implementation of MARPOL 73/78 and the Protocolon 
    Environmental Protection to the Antarctic Treaty as it Pertains 
                         toPollution from Ships

    Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101;Pub. L. 104-
227 (110 Stat. 3034); E.O. 12777, 3 CFR, 1991 Comp.p. 351; Department of 
Homeland Security Delegation No. 170.1.

    Source: CGD 75-124a, 48 FR 45709, Oct. 6, 1983,unless otherwise 
noted.

                                 General



Sec. 151.01  Purpose.

    The purpose of this subpart is to implement the Act to 
PreventPollution from Ships, 1980, as amended (33 U.S.C. 1901-1911)and 
Annexes I, II and V of the International Convention for thePrevention of 
Pollution from Ships, 1973, as modified by the Protocolof 1978 relating 
thereto (MARPOL 73/78), done at London on February17, 1978. This subpart 
also implements the Antarctic Science, Tourism,and Conservation Act of 
1996, and the Protocol on EnvironmentalProtection to the Antarctic 
Treaty done at Madrid on October 4, 1991.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990; CGD 97-015, 62 FR18045, Apr. 14, 1997; USCG-2000-
7641, 66 FR 55570, Nov.2, 2001]



Sec. 151.03  Applicability.

    This subpart applies to each ship that must comply with Annex I,II 
or V of MARPOL 73/78 unless otherwise indicated.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990; CGD 97-015, 62 FR18045, Apr. 14, 1997]

[[Page 270]]



Sec. 151.04  Penalties for violation.

    (a) A person who violates MARPOL 73/78, the Act, or theregulations 
of this subpart is liable for a civil penalty for eachviolation, as 
provided by 33 U.S.C. 1908(b)(1). Each day of acontinuing violation 
constitutes a separate violation.
    (b) A person who makes a false, fictitious statement or 
fraudulentrepresentation in any matter in which a statement or 
representation isrequired to be made to the Coast Guard under MARPOL 73/
78, the Act, orthe regulations of this subpart, is liable for a civil 
penalty foreach statement or representation, as provided by 33 U.S.C. 
1908(b)(2).
    (c) A person who knowingly violates MARPOL 73/78, the Act, or 
theregulations of this subpart commits a class D felony, as described 
in18 U.S.C. 3551 et seq. In the discretion of the Court, an amountequal 
to not more than one-half of the fine may be paid to the persongiving 
information leading to conviction.
    (d) A ship operated in violation of MARPOL 73/78, the Act, or 
theregulations of this subpart is liable in rem for any civilpenalty 
covered by paragraph (a) or (b) of this section, or any finecovered by 
paragraph (c) of this section, and may be proceeded againstin the United 
States District Court of any district in which the shipmay be found.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990; CGD 92-007, 57 FR33261, July 27, 1992; CGD 96-052, 
62 FR 16703, Apr. 8, 1997;USCG-1999-5832, 64 FR 34714, June 29, 1999]



Sec. 151.05  Definitions.

    As used in this subpart--
    Act means the Act to Prevent Pollution from Ships, asamended (33 
U.S.C. 1901-1911).
    Antarctica means the area south of 60 degrees southlatitude.
    Cargo associated wastes means all materials which havebecome wastes 
as a result of use on board a ship for cargo stowage andhandling. Cargo 
associated wastes include, but are not limited todunnage, shoring, 
pallets, lining and packing materials, plywood,paper, cardboard, wire, 
and steel strapping.
    Clean ballast means the ballast in a tank which, since oilwas last 
carried therein, has been so cleaned that effluent therefrom,if it were 
discharged from a ship that is stationary into clean calmwater on a 
clear day would not produce visible traces of oil on thesurface of the 
water or adjoining shorelines or cause a sludge oremulsion to be 
deposited beneath the surface of the water or uponadjoining shorelines. 
If the ballast is discharged through an oildischarge monitoring and 
control system approved by the government ofthe country under whose 
authority the ship is operating, evidencebased on such a system, to the 
effect that the oil content of theeffluent does not exceed 15 parts per 
million (ppm) is determinativethat the ballast is clean.
    Commandant means Commandant, U.S. Coast Guard.
    Discharge means any release, however caused, from a ship andincludes 
any escape, disposal, spilling, leaking, pumping, emitting oremptying. 
It does not include--
    (1) Dumping within the meaning of the Convention on the Preventionof 
Marine Pollution by Dumping of Wastes and Other Matter, done atLondon on 
13 November 1972; or
    (2) Release of oil or oily mixtures directly arising from 
theexploration, exploitation and associated off-shore processing of sea-
bed mineral resources.
    Discharge, as defined by MARPOL 73/78 in relation to 
harmfulsubstances or effluent containing such substances, means any 
releasehowever caused from a ship, and includes any escape, 
disposal,spilling, leaking, pumping, emitting or emptying. It does 
notinclude--
    (1) Dumping within the meaning of the Convention on the Preventionof 
Marine Pollution by Dumping of Wastes and Other Matter, done atLondon on 
November 13, 1972; or
    (2) The release of harmful substances directly arising from 
theexploration, exploitation, and associated offshore processing 
ofseabed mineral resources; or
    (3) The release of harmful substances for purposes of 
legitimatescientific research relating to pollution abatement or 
control.
    Dishwater means the liquid residue from the manual orautomatic 
washing

[[Page 271]]

of dishes and cooking utensils which have beenpre-cleaned to the extent 
that any food particles adhering to themwould not normally interfere 
with the operation of automaticdishwashers.
    Domestic wastes means all types of wastes generated in theliving 
spaces on board a ship, except victual wastes.
    Existing ship means a ship that is not a new ship.
    Fuel oil means any oil used to fuel the propulsion andauxiliary 
machinery of the ship carrying the fuel. The term``fuel oil'' is also 
known as ``oil fuel.''
    Garbage means all kinds of victual, domestic, andoperational waste, 
excluding fresh fish and parts thereof, generatedduring the normal 
operation of the ship and liable to be disposed ofcontinuously or 
periodically, except dishwater, graywater, and thosesubstances that are 
defined or listed in other Annexes to MARPOL73/78.
    Graywater means drainage from dishwasher, shower, laundry,bath, and 
washbasin drains and does not include drainage from toilets,urinals, 
hospitals, and cargo spaces.
    Great Lakes means the Great Lakes of North America and theSt. 
Lawrence River west of a rhumb line drawn from Cap des Rosiers toWest 
Point, Anticosti Island, and, on the north side of AnticostiIsland, the 
meridian of longitude 63 degrees west.
    Harmful substance means any substance which, if introducedinto the 
sea, is liable to create hazards to human health, harm livingresources 
and marine life, damage amenities, or interfere with otherlegitimate 
uses of the sea, and includes any substance subject tocontrol by MARPOL 
73/78.
    High viscosity Category B NLS means any Category B NLShaving a 
viscosity of at least 25 mPa.s at 20 [deg]C and at least 25mPa.s at the 
time it is unloaded.
    High viscosity Category C NLS means any Category C NLShaving a 
viscosity of at least 60 mPa.s at 20 [deg]C and at least 60mPa.s at the 
time it is unloaded.
    High viscosity NLS includes Category A NLSs having aviscosity of at 
least 25 mPa.s at 20 [deg]C and at least 25 mPa.s atthe time they are 
unloaded, high viscosity Category B NLSs, and highviscosity Category C 
NLSs.
    Instantaneous rate of discharge of oil content means therate of 
discharge of oil in liters per hour at any instant divided bythe speed 
of the ship in knots at the same instant.
    Length means the horizontal distance between the foremostpart of a 
ship's stem to the aftermost part of its stern, excludingfittings and 
attachments.
    Maintenance waste means materials collected whilemaintaining and 
operating the ship, including, but not limited to,soot, machinery 
deposits, scraped paint, deck sweepings, wipingwastes, and rags.
    Major conversion means a conversion of an existingship--
    (1) That substantially alters the dimensions or carrying capacityof 
the ship; or
    (2) That changes the type of the ship; or
    (3) The intent of which, in the opinion of the government of 
thecountry under whose authority the ship is operating, is 
substantiallyto prolong its life; or
    (4) Which otherwise so alters the ship that, if it were a newship, 
it would become subject to relevant provisions of MARPOL 73/78not 
applicable to it as an existing ship.
    Marine pollutant means a harmful substance in packaged form,as it 
appears in Appendix B of 49 CFR 172.101.
    MARPOL 73/78 means the International Convention for thePrevention of 
Pollution from Ships, 1973, as modified by the Protocolof 1978 relating 
to that Convention. A copy of MARPOL 73/78 isavailable from the 
International Maritime Organization, 4 AlbertEmbankment, London, SE1, 
SR7, England.
    Medical waste means isolation wastes, infectious agents,human blood 
and blood products, pathological wastes, sharps, bodyparts, contaminated 
bedding, surgical wastes and potentiallycontaminated laboratory wastes, 
dialysis wastes, and such additionalmedical items as prescribed by the 
Administrator of the EPA byregulation.
    Nearest land. The term ``from the nearest land''means from the 
baseline from which the territorial sea of theterritory in question is 
established in

[[Page 272]]

accordance withinternational law, except that, for the purposes of these 
regulations,``from the nearest land'' off the north eastern coast 
ofAustralia shall mean from a line drawn from a point on the coast 
ofAustralia in--

latitude 11[deg]00[min] South, longitude 142[deg]08[min]East to a point 
in--latitude 10[deg]35[min] South, longitude141[deg]55[min] East, thence 
to a point--latitude10[deg]00[min] South, longitude 142[deg]00[min] 
East, thence to apoint--latitude 9[deg]10[min] South, 
longitude143[deg]52[min] East, thence to a point--latitude9[deg]00[min] 
South, longitude 144[deg]30[min] East, thence to apoint--latitude 
13[deg]00[min] South, longitude144[deg]00[min] East, thence to a point--
latitude15[deg]00[min] South, longitude 146[deg]00[min] East, thence to 
apoint--latitude 18[deg]00[min] South, longitude147[deg]00[min] East, 
thence to a point--latitude21[deg]00[min] South, longitude 
153[deg]00[min] East, thence to apoint on the coast of Australia in 
latitude 24[deg]42[min] South,longitude 153[deg]15[min] East.

    New ship means a ship--
    (1) For which the building contract is placed after December 
31,1975; or
    (2) In the absence of a building contract, the keel of which islaid 
or which is at a similar stage of construction after June 30,1976; or
    (3) The delivery of which is after December 31, 1979; or
    (4) That has undergone a major conversion--
    (i) For which the contract is placed after December 31, 1975;
    (ii) In the absence of a contract, the construction work of whichis 
begun after June 30, 1976; or
    (iii) That is completed after December 31, 1979.
    (5) For the purposes of Sec. Sec. 151.26 through151.28, which is 
delivered on or after April 4, 1993.
    NLS means Noxious Liquid Substance.
    NLS Certificate means an International Pollution 
PreventionCertificate for the Carriage of Noxious Liquid Substances in 
Bulkissued under MARPOL 73/78.
    Noxious liquid substance (NLS) means--
    (1) Each substance listed in Sec. 151.47 orSec. 151.49;
    (2) Each substance having an ``A'', ``B'',``C'', or ``D'' beside 
it's name in the columnheaded ``Pollution Category'' in Table 1 of 46 
CFR Part153; and
    (3) Each substance that is identified as an NLS in a 
writtenpermission issued under 46 CFR 153.900 (d).
    Oceangoing ship means a ship that--
    (1) Is operated under the authority of the United States andengages 
in international voyages;
    (2) Is operated under the authority of the United States and 
iscertificated for ocean service;
    (3) Is operated under the authority of the United States and 
iscertificated for coastwise service beyond three miles from land;
    (4) Is operated under the authority of the United States andoperates 
at any time seaward of the outermost boundary of theterritorial sea of 
the United States as defined in Sec. 2.22of this chapter; or
    (5) Is operated under the authority of a country other than 
theUnited States.
    Note: A Canadian or U.S. ship being operated exclusively onthe Great 
Lakes of North America or their connecting and tributarywaters, or 
exclusively on the internal waters of the United States andCanada; is 
not an ``oceangoing'' ship.
    Oil means petroleum whether in solid, semi-solid,emulsified, or 
liquid form, including but not limited to, crude oil,fuel oil, sludge, 
oil refuse, oil residue, and refined products, and,without limiting the 
generality of the foregoing, includes thesubstances listed in Appendix I 
of Annex I of MARPOL 73/78.``Oil'' does not include animal and vegetable 
based oil ornoxious liquid substances (NLS) designated under Annex II of 
MARPOL73/78.
    Oil cargo residue means any residue of oil cargo whether insolid, 
semi-solid, emulsified, or liquid form from cargo tanks andcargo pump 
room bilges, including but not limited to, drainages,leakages, exhausted 
oil, muck, clingage, sludge, bottoms, paraffin(wax), and any constituent 
component of oil. The term ``oilcargo residue'' is also known as ``cargo 
oilresidue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil whether in solid, semi-solid, emulsified,or 
liquid form, resulting from drainages, leakages, exhausted oil, andother 
similar occurrences from machinery spaces.

[[Page 273]]

    Oily mixture means a mixture, in any form, with any oilcontent. 
``Oily mixture'' includes, but is not limitedto--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oilywaste, 
and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks.
    Oily rags means rags soaked with oil.
    Oil-like NLS means each cargo listed inSec. 151.49.
    Oil tanker means a ship constructed or adapted primarily tocarry oil 
in bulk in its cargo spaces and includes combinationcarriers and any 
``chemical tanker'' as defined in AnnexII of MARPOL 73/78 when it is 
carrying a cargo or part cargo of oil inbulk.
    Oily mixture means a mixture with any oil content, includingbilge 
slops, oily wastes, oil residues (sludge), oily ballast water,and 
washings from cargo oil tanks.
    Operational waste means all cargo-associated waste,maintenance 
waste, and cargo residues other than oil residues and NLScargo residues. 
``Operational wastes'' includes ashes andclinkers (i.e., a mass of 
incombustible matter fused together byheat) from shipboard incinerators 
and coal-burning boilers but doesnot include plastic clinkers, which are 
treated as an Annex V waste,or oily rags, which are treated as an Annex 
I waste.
    Person means an individual, firm, public or privatecorporation, 
partnership, association, State, municipality,commission, political 
subdivision of a State, or any interstate body.
    Plastic means any garbage that is solid material, thatcontains as an 
essential ingredient one or more synthetic organic highpolymers, and 
that is formed or shaped either during the manufactureof the polymer or 
polymers or during fabrication into a finishedproduct by heat or 
pressure or both. ``Degradable''plastics, which are composed of 
combinations of degradable starchesand are either (a) synthetically 
produced or (b) naturally producedbut harvested and adapted for use, are 
plastics under this part.Naturally produced plastics such as crabshells 
and other types ofshells, which appear normally in the marine 
environment, are notplastics under this part.
    Note: Plastics possess material properties ranging from hardand 
brittle to soft and elastic. Plastics are used for a variety ofmarine 
applications including, but not limited to: food wrappings,products for 
personal hygiene, packaging (vaporproof barriers,bottles, containers, 
and liners), ship construction (fiberglass andlaminated structures, 
siding, piping insulation, flooring, carpets,fabrics, adhesives, and 
electrical and electronic components),disposable eating-utensils and 
cups (including styrene products),bags, sheeting, floats, synthetic 
fishing nets, monofilament fishingline, strapping bands, hardhats, and 
synthetic ropes and lines.
    Port means--
    (1) A group of terminals that combines to act as a unit and 
beconsidered a port for the purposes of this subpart;
    (2) A port authority or other organization that chooses to 
beconsidered a port for the purposes of this subpart; or
    (3) A place or facility that has been specifically designated as 
aport by the COTP.
    Prewash means a tank washing operation that meets theprocedure in 46 
CFR 153.1120.
    Recognized Classification Society means a classificationsociety that 
is a participating member of the InternationalAssociation of 
Classification Societies (IACS).
    Residues and mixtures containing NLSs (NLS residue)means--
    (1) Any Category A, B, C, or D NLS cargo retained on the shipbecause 
it fails to meet consignee specifications;
    (2) Any part of a Category A, B, C, or D NLS cargo remaining onthe 
ship after the NLS is discharged to the consignee, including butnot 
limited to puddles on the tank bottom and in sumps, clingage inthe 
tanks, and substance remaining in the pipes; or
    (3) Any material contaminated with Category A, B, C, or D NLScargo, 
including but not limited to bilge slops, ballast, hose drippan 
contents, and tank wash water.
    Segregated ballast means the ballast water introduced into atank 
that is completely separated from the cargo oil and fuel oilsystem and 
that is permanently allocated to the carriage of ballast orto the 
carriage of ballast or cargoes other than oil or noxioussubstances as 
variously defined in the Annexes of MARPOL 73/78.

[[Page 274]]

    Ship means a vessel of any type whatsoever, operatingin the marine 
environment. This includes hydrofoils, air-cushionvehicles, 
submersibles, floating craft whether self-propelled or not,and fixed or 
floating drilling rigs and other platforms.
    Shipboard oil pollution emergency plan means a planprepared, 
submitted, and maintained according to the provisions ofSec. Sec. 
151.26 through 151.28 of this subpart for UnitedStates ships or 
maintained according to the provisions ofSec. 151.29(a) of this subpart 
for foreign ships operatedunder the authority of a country that is party 
to MARPOL 73/78 orcarried on board foreign ships operated under the 
authority of acountry that is not a party to MARPOL 73/78, while in the 
navigablewaters of the United States, as evidence of compliance 
withSec. 151.21 of this subpart.
    Solidifying NLS means a Category A, B, or C NLS that has amelting 
point--
    (1) Greater than 0 [deg]C but less than 15 [deg]C and atemperature, 
measured under the procedure in 46 CFR 153.908(d), thatis less than 5 
[deg]C above its melting point at the time it isunloaded; or
    (2) 15 [deg]C or greater and a temperature, measured under 
theprocedure in 46 CFR 153.908(d), that is less than 10 [deg]C above 
itsmelting point at the time it is unloaded.
    Special area means a sea area, where for recognizedtechnical reasons 
in relation to its oceanographical and ecologicalcondition and to the 
particular character of the traffic, the adoptionof special mandatory 
methods for the prevention of sea pollution byoil, NLSs, or garbage is 
required.
    Terminal means an onshore facility or an offshore structurelocated 
in the navigable waters of the United States or subject to 
thejurisdiction of the United States and used, or intended to be used, 
asa port or facility for the transfer or other handling of a 
harmfulsubstance.
    Note: The Coast Guard interprets commercial fishingfacilities, 
recreational boating facilities, and mineral and oilindustry shorebases 
to be terminals for the purposes of Annex V ofMARPOL 73/78, since these 
facilities normally provide wharfage andother services, including 
garbage handling, for ships.
    U.S. inspected ships means those ship required to beinspected and 
certificated under 46 CFR 2.01-7.
    Victual waste means any spoiled or unspoiled food waste.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977,Dec. 8, 1983, as 
amended by CGD 85-010, 52 FR 7758, Mar. 12,1987; CGD 88-002, 54 FR 
18403, Apr. 28, 1989; CGD88-002A, 55 FR 18582, May 2, 1990; 55 FR 35988, 
Sept. 4, 1990;56 FR 8880, Mar. 1, 1991; CGD 93-030, 59 FR 51338, Oct. 
7,1994; CGD 94-056, 60 FR 43377, Aug. 21, 1995; CGD97-015, 62 FR 18045, 
Apr. 14, 1997; USCG 2000-7079, 65FR 67155, Nov. 8, 2000; USCG-2000-7641, 
66 FR 55570,Nov. 2, 2001; USCG-2000-6927, 70 FR 74675, Dec. 16,2005; 
USCG-2008-0179, 73 FR 35013, June 19, 2008]



Sec. 151.06  Special areas.

    (a) For the purposes of this part, the navigational descriptionsof 
the special areas are as follows:
    (1) The Mediterranean Sea area means the Mediterranean Sea 
properincluding the gulfs and seas therein, with the boundary between 
theMediterranean and the Black Sea constituted by the 41[deg] N 
paralleland bounded to the west by the Straits of Gibraltar at the 
meridian of5[deg]36[min] W.
    (2) The Baltic Sea means the Baltic Sea proper with the Gulf 
ofBothnia, the Gulf of Finland, and the entrance to the Baltic 
Seabounded by the parallel of the Skaw in the Skagerrak 
at57[deg]44.8[min] N.
    (3) The Black Sea area means the Black Sea proper with theboundary 
between the Mediterranean Sea and the Black Sea constitutedby the 
parallel 41[deg] N.
    (4) The Red Sea area means the Red Sea proper including the Gulfsof 
Suez and Aqaba bounded at the south by the rhumb line between Rassi Ane 
(12[deg]8.5[min] N, 43[deg]19.6[min] E) and Husn Murad(12[deg]40.4[min] 
N, 43[deg]30.2[min] E).
    (5) The Gulfs areas means the sea area located northwest of therhumb 
line between Ras al Hadd (22[deg]30[min] N, 59[deg]48[min]E) and Ras al 
Fasteh (25[deg]04[min] N, 61[deg]25[min] E).
    (6) The Gulf of Aden areas means the part of the Gulf of Adenbetween 
the Red Sea and the Arabian Sea bounded to the west by therhumb line 
between Ras si Ane (12[deg]28.5[min] N,43[deg]19.6[min] E) and Husn 
Murad (12[deg]40.4[min] N,43[deg]30.2[min] E) and to the east by the 
rhumb line between

[[Page 275]]

Ras Asir (11[deg]50[min] N, 51[deg]16.9[min] E) and the RasFartak 
(15[deg]35[min] N, 52[deg]13.8[min] E).
    (7) The Antarctic areas means the sea south of 60[deg] 
southlatitude.
    (8) The North West European waters mean the North Sea andits 
approaches, the Irish Sea and its approaches, the Celtic Sea, theEnglish 
Channel and its approaches and part of the North East 
Atlanticimmediately to the west of Ireland. The area is bounded by 
linesjoining the following points:

48[deg]27[min] N on the French coast
48[deg]27[min] N; 006[deg]25[min] W
49[deg]52[min] N; 007[deg]44[min] W
50[deg]30[min] N; 012[deg] W
56[deg]30[min] N; 012[deg] W
62[deg] N; 003[deg] W
62[deg][min] N on the Norwegian coast
57[deg]44[min].8 N on the Danish and Swedish coasts.

    (9) The Oman area of the Arabian Sea means the sea enclosedby the 
following co-ordinates:

22[deg]30[min].00 N; 059[deg]48[min].00 E
23[deg]47[min].27 N; 060[deg]35[min].73 E
22[deg]40[min].62 N; 062[deg]25[min].29 E
21[deg]47[min].40 N; 063[deg]22[min].22 E
20[deg]30[min].37 N; 062[deg]52[min].41 E
19[deg]45[min].90 N; 062[deg]25[min].97 E
18[deg]49[min].92 N; 062[deg]02[min].94 E
17[deg]44[min].36 N; 061[deg]05[min].53 E
16[deg]43[min].71 N; 060[deg]25[min].62 E
16[deg]03[min].90 N; 059[deg]32[min].24 E
15[deg]15[min].20 N; 058[deg]58[min].52 E
14[deg]36[min].93 N; 058[deg]10[min].23 E
14[deg]18[min].93 N; 057[deg]27[min].03 E
14[deg]11[min].53 N; 056[deg]53[min].75 E
13[deg]53[min].80 N; 056[deg]19[min].24 E
13[deg]45[min].86 N; 055[deg]54[min].53 E
14[deg]27[min].38 N; 054[deg]51[min].42 E
14[deg]40[min].10 N; 054[deg]27[min].35 E
14[deg]46[min].21 N; 054[deg]08[min].56 E
15[deg]20[min].74 N; 053[deg]38[min].33 E
15[deg]48[min].69 N; 053[deg]32[min].07 E
16[deg]23[min].02 N; 053[deg]14[min].82 E

    (10) The Southern South African waters means the sea areaenclosed by 
the following co-ordinates:

31[deg]14[min] S; 017[deg]50[min] E
31[deg]30[min] S; 017[deg]12[min] E
32[deg]00[min] S; 017[deg]06[min] E
32[deg]32[min] S; 016[deg]52[min] E
34[deg]06[min] S; 017[deg]24[min] E
36[deg]58[min] S; 020[deg]54[min] E
36[deg]00[min] S; 022[deg]30[min] E
35[deg]14[min] S; 022[deg]54[min] E
34[deg]30[min] S; 026[deg]00[min] E
33[deg]48[min] S; 027[deg]25[min] E
33[deg]27[min] S; 027[deg]12[min] E

    (11) The North Sea area means the North Sea proper,including seas 
within the North Sea southwards of latitude 62[deg] Nand eastwards of 
longitude 4[deg] W; the Skagerrak, the southernlimit of which is 
determined east of the Skaw by latitude57[deg]44.8[min] N; and the 
English Channel and its approacheseastwards of longitude 5[deg] W.
    (12) The Wider Caribbean region means the Gulf of Mexico 
andCaribbean Sea proper, including the bays and seas therein and 
thatportion of the Atlantic Ocean within the boundary constituted by 
the30[deg] N parallel from Florida eastward to 77[deg]30[min] Wmeridian, 
thence a rhumb line to the intersection of 20[deg] Nparallel and 59[deg] 
W meridian, thence a rhumb line to theintersection of 7[deg]20[min] N 
parallel and 50[deg] W meridian,thence a rhumb line drawn southwesterly 
to the eastern boundary ofFrench Guiana.
    (b) Special areas for the purpose of Annex I of MARPOL 73/78include 
those referenced in Sec. 151.13. Special areas forthe purposes of Annex 
II of MARPOL 73/78 include those referenced inSec. 151.32. Special 
areas for the purpose of Annex V ofMARPOL 73/78 include those referenced 
in Sec. 151.53.

[CGD 94-056, 60 FR 43377, Aug. 21, 1995, as amended byUSCG-2008-0179, 73 
FR 35013, June 19, 2008]



Sec. 151.07  Delegations.

    Each Coast Guard official designated as a Captain of the Port(COTP) 
or Officer in Charge, Marine Inspection (OCMI) or CommandingOfficer, 
Sector Office, is delegated the authority to--
    (a) Issue International Oil Pollution Prevention (IOPP)Certificates;
    (b) Detain or deny entry to ships not in substantial compliancewith 
MARPOL 73/78 or not having an IOPP Certificate or evidence ofcompliance 
with MARPOL 73/78 on board;
    (c) Receive and investigate reports under Sec. 151.15;and
    (d) Issue subpoenas to require the attendance of any witness andthe 
production of documents and other evidence, in the course 
ofinvestigations of potential violations of the Act to Prevent 
Pollutionfrom Ships, as

[[Page 276]]

amended (33 U.S.C. 1901-1911), thissubpart, or MARPOL 73/78.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990;USCG-2006-25556, 72 FR 36328, July 2, 2007]



Sec. 151.08  Denial of entry.

    (a) Unless a ship is entering under force majeure, no 
oceangoingtanker or any other oceangoing ship of 400 gross tons or more 
requiredby Sec. 151.10 to retain oil, oil residue, or oily mixtureson 
board while at sea, and no oceangoing ship carrying a Category A,B, or C 
NLS cargo or NLS residue in cargo tanks that are required tobe prewashed 
under 46 CFR Part 153, may enter any port or terminalunder Sec. 
158.110(a) of this chapter unless the port orterminal has a Certificate 
of Adequacy, as defined inSec. 158.120 of this chapter.
    (b) A COTP may deny the entry of a ship to a port or terminalunder 
Sec. 158.110(b) if--
    (1) The port or terminal does not have a Certificate of Adequacy,as 
required in Sec. 158.135 of this chapter; or
    (2) The port or terminal is not in compliance with therequirements 
of Subpart D of Part 158.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended byUSCG-2000-7641, 66 
FR 55570, Nov. 2, 2001]

                              Oil Pollution

    Source: Sections 151.09 through 151.25 appear by CGD75-124a, 48 FR 
45709, Oct. 6, 1983, unless otherwise noted.



Sec. 151.09  Applicability.

    (a) Except as provided in paragraph (b) of this section,Sec. Sec. 
151.09 through 151.25 apply to each shipthat--
    (1) Is operated under the authority of the United States andengages 
in international voyages;
    (2) Is operated under the authority of the United States and 
iscertificated for ocean service;
    (3) Is operated under the authority of the United States and 
iscertificated for coastwise service beyond three nautical miles 
fromland;
    (4) Is operated under the authority of the United States andoperates 
at any time seaward of the outermost boundary of theterritorial sea of 
the United States as defined inSec. 2.22(a)(2) of this chapter; or
    (5) Is operated under the authority of a country other than 
theUnited States while in the navigable waters of the United States, 
orwhile at a port or terminal under the jurisdiction of the 
UnitedStates.
    (b) Sections 151.09 through 151.25 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated bya 
country when engaged in noncommercial service;
    (2) A Canadian or U.S. ship being operated exclusively on theGreat 
Lakes of North America or their connecting and tributary waters;
    (3) A Canadian or U.S. ship being operated exclusively on 
theinternal waters of the United States and Canada; or
    (4) Any other ship specifically excluded by MARPOL 73/78.
    (c) Sections 151.26 through 151.28 apply to each United 
Statesoceangoing ship specified in paragraphs (a)(1) through (a)(4) of 
thissection which is--
    (1) An oil tanker of 150 gross tons and above or other ship of 
400gross tons and above; or
    (2) A fixed or floating drilling rig or other platform, when 
notengaged in the exploration, exploitation, or associated 
offshoreprocessing of seabed mineral resources.
    (d) Sections 151.26 through 151.28 do not apply to--
    (1) The ships specified in paragraph (b) of this section;
    (2) Any barge or other ship which is constructed or operated insuch 
a manner that no oil in any form can be carried aboard.
    (e) Section 151.26(b)(5) applies to all vessels subject to 
thejurisdiction of the United States and operating in Antarctica.

    Note to Sec. 151.09(c)(3): The term``internal waters'' is defined 
in Sec. 2.24 ofthis chapter.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990; CGD 93-030, 59 FR51338, Oct. 7, 1994; CGD 97-015, 62 
FR 18045, Apr. 14, 1997;USCG-2006-25150, 71 FR 39209, July 12, 
2006;USCG-2007-27887, 72 FR 45904, Aug. 16, 2007;USCG-2008-0179, 73 FR 
35013, June 19, 2008]

[[Page 277]]



Sec. 151.10  Control of oil discharges.

    (a) When more than 12 nautical miles from the nearest land, 
anydischarge of oil or oily mixtures into the sea from a ship other 
thanan oil tanker or from machinery space bilges of an oil tanker 
isprohibited except when all of the following conditions aresatisfied--
    (1) The oil or oily mixture does not originate from cargo pumproom 
bilges;
    (2) The oil or oily mixture is not mixed with oil cargo residues;
    (3) The ship is not within a special area;
    (4) The ship is proceeding enroute;
    (5) The oil content of the effluent without dilution is less than15 
parts per million (ppm); and
    (6) The ship has in operation oily-water separating equipment, 
abilge monitor, bilge alarm, or combination thereof as required by 
Part155 Subpart B of this chapter.
    (b) When within 12 nautical miles of the nearest land, anydischarge 
of oil or oily mixtures into the sea from a ship other thanan oil tanker 
or from machinery space bilges of an oil tanker isprohibited except when 
all of the following conditions aresatisfied--
    (1) The oil or oily mixture does not originate from cargo pumproom 
bilges;
    (2) The oil or oily mixture is not mixed with oil cargo residues;
    (3) The oil content of the effluent without dilution does notexceed 
15 ppm;
    (4) The ship has in operation oily-water separating equipment, 
abilge monitor, bilge alarm, or combination thereof as required by 
Part155 Subpart B of this chapter; and
    (5) The oily-water separating equipment is equipped with a 15 
ppmbilge alarm; for U.S. inspected ships, approved under 46 CFR 
162.050and for U.S. uninspected ships and foreign ships, either 
approvedunder 46 CFR 162.050 or listed in the current International 
MaritimeOrganization (IMO) Marine Environment Protection Committee 
(MEPC)Circular summary of MARPOL 73/78 approved equipment.
    Note: In the navigable waters of the United States, theFederal Water 
Pollution Control Act (FWPCA), section 311(b)(3) and 40CFR Part 110 
govern all discharges of oil or oily-mixtures.
    (c) The overboard discharge of any oil cargo residues and 
oilymixtures that include oil cargo residues from an oil tanker 
isprohibited, unless discharged in compliance with part 157 of 
thischapter.
    (d) When more than 12 nautical miles from the nearest land, 
anydischarge of oil or oily mixtures into the sea from a ship other 
thanan oil tanker or from machinery space bilges of an oil tanker; that 
isnot proceeding enroute; shall be in accordance with paragraphs 
(b)(1),(b)(2), (b)(3), (b)(4), and (b)(5) of this section.
    (e) The provisions of paragraphs (a), (b), (c) and (d) of 
thissection do not apply to the discharge of clean or segregated 
ballast.
    (f) The person in charge of an oceangoing ship that cannotdischarge 
oily mixtures into the sea in compliance with paragraphs(a), (b), (c), 
or (d) of this section must ensure that those oilymixtures are--
    (1) Retained on board; or
    (2) Discharged to a reception facility. If the reception facilityis 
in a port or terminal in the United States, each person who is incharge 
of each oceangoing tanker or any other oceangoing ship of 400gross tons 
or more shall notify the port or terminal, at least 24hours before 
entering the port or terminal, of--
    (i) The estimated time of day the ship will discharge oilymixtures;
    (ii) The type of oily mixtures to be discharged; and
    (iii) The volume of oily mixtures to be discharged.
    Note: There are Federal, state, or local laws or regulationsthat 
could require a written description of the oil residues and oilymixtures 
to be discharged. For example, a residue or mixturecontaining oil might 
have a flashpoint less than 60 [deg]C (140[deg]F) and thus have the 
characteristic of ignitability under 40 CFR261.21, which might require a 
description of the waste for a manifestunder 40 CFR Part 262, Subpart B. 
Occupational safety and healthconcerns may be covered, as well as 
environmental ones.
    The notice required in this section is in addition to thoserequired 
by other Federal,

[[Page 278]]

state, and local laws and regulations.Affected persons should contact 
the appropriate Federal, state, orlocal agency to determine whether 
other notice and informationrequirements, including 40 CFR Parts 262 and 
263, apply to them.
    (g) No discharge into the sea shall contain chemicals or 
othersubstances introduced for the purpose of circumventing the 
conditionsof discharge specified in this regulation.
    (h) This section does not apply to a fixed or floating drillingrig 
or other platform that is operating under a National PollutantDischarge 
Elimination System (NPDES) permit.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended byCGD 78-035, 50 FR 
36793, Sept. 9, 1985. Redesignated by CGD88-002, 54 FR 18404, Apr. 28, 
1989;USCG-1998-3799, 63 FR 35530, June 30, 1998;USCG-2000-7641, 66 FR 
55571, Nov. 2, 2001]



Sec. 151.11  Exceptions for emergencies.

    (a) Sections 151.10 and 151.13 do not apply to--
    (1) The discharge into the sea of oil or oily mixture necessaryfor 
the purpose of securing the safety of a ship or saving life atsea.
    (2) The discharge into the sea of oil or oily mixture resultingfrom 
damage to a ship or its equipment--
    (i) Provided that all reasonable precautions have been taken 
afterthe occurrence of the damage or discovery of the discharge for 
thepurpose of preventing or minimizing the discharge; and
    (ii) Except if the owner or the master acted either with intent 
tocause damage, or recklessly and with knowledge that damage 
wouldprobably result.
    (b) [Reserved]

[CGD 75-134a, 48 FR 45709, Oct. 6, 1983, as amended byCGD 88-002, 54 FR 
18404, Apr. 28, 1989]



Sec. 151.13  Special areas for Annex I of MARPOL 73/78.

    (a) For the purposes of Sec. Sec. 151.09 through151.25, the special 
areas are the Mediterranean Sea area, the BalticSea area, the Black Sea 
area, the Red Sea area, the Gulfs area, theGulf of Aden, and the 
Antarctic area, the North West European waters,and Oman area of the 
Arabian Sea which are described inSec. 151.06. The discharge 
restrictions are effective in theMediterranean Sea, Baltic Sea, Black 
Sea, and the Antarctic area.
    (b) Subject to the provisions of Sec. 151.11--
    (1) A ship of 400 gross tons or over and any oil tanker may 
notdischarge oil or oily mixture within a special area. In the 
Antarcticarea, discharge into the sea of oil or oily mixture from any 
ship isprohibited.
    (2) A ship of less than 400 gross tons other than an oil tankermay 
not discharge oil or oily mixture within a special area, unlessthe oil 
content of the effluent without dilution does not exceed 15parts per 
million (ppm).
    (3) All ships operating in the Antarctic area must have on board 
atank or tanks of sufficient capacity to retain all oily mixtures 
whileoperating in the area and arrangements made to discharge oily 
mixturesat a reception facility outside the Antarctic area.
    (c) The provisions of paragraph (b) of this section do not applyto 
the discharge of clean or segregated ballast.
    (d) The provisions of paragraph (b)(1) of this section do notapply 
to the discharge of processed bilge water from machinery spacebilges, 
provided that all of the following conditions aresatisfied--
    (1) The bilge water does not originate from cargo pump roombilges;
    (2) The bilge water is not mixed with oil cargo residues;
    (3) The ship is proceeding enroute;
    (4) The oil content of the effluent without dilution does notexceed 
15 ppm;
    (5) The ship has in operation oily-water separating 
equipmentcomplying with Part 155 of this chapter; and
    (6) The oily-water separating equipment is equipped with a 
devicethat stops the discharge automatically when the oil content of 
theeffluent exceeds 15 ppm.
    (e) No discharge into the sea shall contain chemicals or 
othersubstances introduced for the purpose of circumventing the 
conditionsof discharge specified in this section.
    (f) The oily mixtures that cannot be discharged into the sea 
incompliance with paragraphs (b), (c), or (d) of this section shall 
beretained on board or discharged to reception facilities.

[[Page 279]]

    (g) Nothing in this section prohibits a ship on a voyage,only part 
of which is in a special area, from discharging outside thespecial area 
in accordance with Sec. 151.10.
    (h) In accordance with Regulation 38.6.1 of Annex I of MARPOL73/78, 
the discharge restriction in Sec. 151.13 for the RedSea area, Gulfs 
area, Gulf of Aden area, the Oman area of the ArabianSea, and the 
Southern South African waters will enter into effect wheneach party to 
MARPOL 73/78 whose coastline borders the special areahas certified that 
reception facilities are available and the IMO hasestablished an 
effective date for each special area. Notice of theeffective dates for 
the discharge requirements in these special areaswill be published in 
the Federal Register and reflected in thissection.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977,Dec. 8, 1983, as 
amended by CGD 88-002, 54 FR 18404, Apr. 28,1989; CGD 88-002A, 55 FR 
18582, May 2, 1990; CGD 94-056,60 FR 43377, Aug. 21, 1995; USCG-2000-
7641, 66 FR 55571,Nov. 2, 2001; USCG-2008-0179, 73 FR 35013, June 
19,2008]



Sec. 151.15  Reporting requirements.

    (a) The master, person in charge, owner, charterer, manager, 
oroperator of a vessel involved in any incident described in 
paragraph(c) of this section must report the particulars of the 
incidentwithout delay to the fullest extent possible under the 
provisions ofthis section.
    (b) If a vessel involved in an incident is abandoned, or if areport 
from that vessel is incomplete or unattainable, the owner,charterer, 
manager, operator, or their agent must assume theobligations placed upon 
the master or other person having charge ofthe vessel under provisions 
of this section.
    (c) The report must be made whenever an incident involves--
    (1) A discharge of oil, hazardous substances, marine pollutants,or 
noxious liquid substances (NLS) resulting from damage to the vesselor 
its equipment, or for the purpose of securing the safety of avessel or 
saving a life at sea;
    (2) A discharge of oil in excess of the quantities orinstantaneous 
rate permitted in Sec. Sec. 151.10 or 151.13of this chapter, or NLS in 
bulk, in 46 CFR 153.1126 or 153.1128,during the operation of the vessel;
    (3) A discharge of marine pollutants in packaged form; or
    (4) A probable discharge resulting from damage to the vessel orits 
equipment. The factors you must consider to determine whether adischarge 
is probable include, but are not limited to--
    (i) Ship location and proximity to land or other 
navigationalhazards;
    (ii) Weather;
    (iii) Tide current;
    (iv) Sea state;
    (v) Traffic density;
    (vi) The nature of damage to the vessel; and
    (vii) Failure or breakdown aboard the vessel of its machinery 
orequipment. Such damage may be caused by collision, grounding, 
fire,explosion, structural failure, flooding or cargo shifting or a 
failureor breakdown of steering gear, propulsion, electrical 
generatingsystem or essential shipboard navigational aids.
    (d) Each report must be made by radio whenever possible, or by 
thefastest telecommunications channels available with the 
highestpossible priority at the time the report is made to--
    (1) The appropriate officer or agency of the government of 
thecountry in whose waters the incident occurs; and
    (2) The nearest Captain of the Port (COTP) or the NationalResponse 
Center (NRC), toll free number 800-424-8802 (inWashington, DC, 
metropolitan area, 202-267-2675), fax202-267-1322, telex number 892427 
for incidentsinvolving U.S. vessels in any body of water; or incidents 
involvingforeign flag vessels in the navigable waters of the United 
States; orincidents involving foreign-flag tank vessels within waters 
subject tothe jurisdiction of the United States, including the 
ExclusiveEconomic Zone (EEZ).
    (e) Each report must contain--
    (1) The identity of the ship;
    (2) The type of harmful substance involved;
    (3) The time and date of the incident;
    (4) The geographic position of the vessel when the incidentoccurred;
    (5) The wind and the sea condition prevailing at the time of 
theincident;

[[Page 280]]

    (6) Relevant details respecting the condition of the vessel;
    (7) A statement or estimate of the quantity of the harmfulsubstance 
discharged or likely to be discharged into the sea; and
    (8) Assistance and salvage measures.
    (f) A person who is obligated under the provisions of this sectionto 
send a report must--
    (1) Supplement the initial report, as necessary, with 
informationconcerning further developments; and
    (2) Comply as fully as possible with requests from affectedcountries 
for additional information concerning the incident.
    (g) A report made under this section satisfies the 
reportingrequirements of Sec. 153.203 of this chapter and of 46 
CFR4.05-1 and 4.05-2, if required under those provisions.

[USCG-2000-6927, 70 FR 74675, Dec. 16, 2005, asamended by USCG-2006-
25150, 71 FR 39209, July 12, 2006;USCG-2008-0179, 73 FR 35014, June 19, 
2008]



Sec. 151.17  Surveys.

    (a) Every U.S. oil tanker of 150 gross tons and above, and 
everyother U.S. ship of 400 gross tons and above; that is required to 
havean International Oil Pollution Prevention (IOPP) Certificate on 
boardand to which this part applies, except as provided for in 
paragraphs(b) and (d) of this section; is subject to the following 
surveysconducted by the Coast Guard--
    (1) An initial survey, conducted before the ship is put in serviceor 
before an IOPP Certificate required under Sec. 151.19 isissued for the 
first time; this survey includes a complete examinationof its structure, 
equipment, systems, fittings, arrangements andmaterial in so far as the 
ship is covered by this chapter.
    (2) Periodic renewal surveys conducted at intervals 
correspondingwith the renewal of the IOPP Certificates. The purpose of 
the surveyis to determine whether the structure, equipment, systems, 
fittings,arrangements, and material comply with the requirements of 
Parts 155and 157 of this chapter.
    (3) Annual surveys for inspected ships conducted as close 
aspracticable to twelve (12) and thirty-six (36) months from the date 
ofissuance of the IOPP Certificate, and not more than two months priorto 
or later than these twelve and thirty-six month dates; this surveyis to 
determine that the oily-water separating equipment andassociated pumps 
and piping systems remain satisfactory for theservice intended, and that 
no unauthorized alterations have been made,and is to be endorsed on the 
IOPP Certificate.
    (4) Intermediate surveys for inspected ships conducted as close 
aspracticable to twenty-four (24) months from the date of issuance ofthe 
IOPP Certificates, and not more than six months prior to or laterthan 
that twenty-four month date; this survey is to determine whetherthe 
equipment and associated pump and piping systems, including oildischarge 
monitoring and control systems, and oily-water separatingequipment 
comply with the requirements of Parts 155 and 157 of thischapter, and 
are in good working order, and is to be endorsed on theIOPP Certificate.
    (5) Intermediate surveys for uninspected ships conducted as closeas 
practicable to thirty (30) months from the date of issuance of theIOPP 
Certificate, and not more than six months prior to or later thanthat 
thirty month date; this survey is to determine whether theequipment and 
associated pump and piping systems, including oildischarge monitoring 
and control systems, and oily-water separatingequipment comply with the 
requirements of Parts 155 and 157 of thischapter, and are in good 
working order, and is to be endorsed on theIOPP Certificate.
    (b) Every U.S. inspected oil tanker of 150 gross tons and above,and 
every other U.S. inspected ship of 400 gross tons and above; thatis not 
required to have an IOPP Certificate on board is subject to thefollowing 
surveys to be conducted by the Coast Guard--
    (1) An initial survey conducted before the ship is put intoservice.
    (2) All other surveys are conducted concurrently with 
eitherinspections for certification or required reinspections.
    (c) After any survey of a ship under this section has beencompleted, 
no significant change may be made in the

[[Page 281]]

construction,equipment, fittings, arrangements or material covered by 
the surveywithout the sanction of the COTP or OCMI except for the 
directreplacement of such equipment or fittings.
    (d) Fixed and floating drilling rigs and other platforms, barges,and 
uninspected ships; that are not required to have an IOPPCertificate on 
board are not required to be surveyed under thissection.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended byUSCG-1998-3799, 63 
FR 35530, June 30, 1998]



Sec. 151.19  International Oil Pollution Prevention (IOPP) Certificates.

    (a) Each U.S. oil tanker of 150 gross tons and above and eachother 
U.S. ship of 400 gross tons and above; that engages in voyagesto ports 
or off-shore terminals under the jurisdiction of otherparties to MARPOL 
73/78 must have on board a valid International OilPollution Prevention 
(IOPP) Certificate.
    (b) Each oil tanker of 150 gross tons and above and each othership 
of 400 gross tons and above, operated under the authority of acountry 
other than the United States that is party to MARPOL 73/78,must have on 
board a valid IOPP Certificate.
    (c) An IOPP Certificate is issued by a COTP, OCMI, or 
aclassification society authorized under 46 CFR part 8, after 
asatisfactory survey in accordance with the provisions ofSec. 151.17.
    (d) The Supplement to the IOPP Certificate is a part of the 
IOPPCertificate and must remain attached to that Certificate. If 
theSupplement to the Certificate is changed, a new IOPP Certificate 
willbe required.
    (e) The IOPP Certificate for each inspected or uninspected ship 
isvalid for a maximum period of 5 years from the date of issue, exceptas 
follows:
    (1) A Certificate ceases to be valid if significant alterationshave 
taken place in the construction, equipment, fittings, orarrangements 
required by the pollution prevention requirements ofparts 155 or 157 of 
this chapter without the approval of the COTP orthe OCMI.
    (2) A Certificate ceases to be valid if intermediate surveys 
asrequired by Sec. 151.17 of this part are not carried out.
    (3) A Certificate issued to a ship ceases to be valid upontransfer 
of the ship to the flag of another country.

(Approved by the Office of Management and Budget under controlnumber 
1625-0041)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended byCGD 95-010, 62 FR 
67531, Dec. 24, 1997;USCG-1998-3799, 63 FR 35530, June 30, 1998;USCG-
2000-7223, 65 FR 40057, June 29, 2000;USCG-2000-7641, 66 FR 55571, Nov. 
2, 2001;USCG-2006-25150, 71 FR 39209, July 12, 2006]



Sec. 151.21  Ships of countries not party to MARPOL 73/78.

    (a) Each oil tanker of 150 gross tons and above and each othership 
of 400 gross tons and above, operated under the authority of acountry 
not a party to MARPOL 73/78, must have on board validdocumentation 
showing that the ship has been surveyed in accordancewith and complies 
with the requirements of MARPOL 73/78. Evidence ofcompliance may be 
issued by either the government of a country that isparty to MARPOL 73/
78 or a recognized classification society.
    (b) Evidence of compliance must contain all of the information 
in,and have substantially the same format as, the IOPP Certificate.

(Approved by the Office of Management and Budget under controlnumber 
1625-0019)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended byCGD 93-030, 59 FR 
51338, Oct. 7, 1994;USCG-2006-25150, 71 FR 39209, July 12, 2006]



Sec. 151.23  Inspection for compliance and enforcement.

    (a) While at a port or terminal under the jurisdiction of theUnited 
States, a ship is subject to inspection by the CoastGuard--
    (1) To determine that a valid IOPP Certificate is on board andthat 
the condition of the ship and its equipment correspondssubstantially 
with the particulars of the IOPP Certificate;
    (2) To determine that evidence of compliance with MARPOL 73/78, 
asrequired by Sec. 151.21 is on board and that the conditionof the ship 
and its equipment corresponds substantially with

[[Page 282]]

theparticulars of this evidence of compliance;
    (3) To determine whether a ship has been operating in accordancewith 
and has not discharged any oil or oily mixtures in violation ofthe 
provisions of MARPOL 73/78 or this subchapter;
    (4) To determine whether a ship has discharged oil or oilymixtures 
anywhere in violation of MARPOL 73/78, upon request from aparty to 
MARPOL 73/78 for an investigation when the requesting partyhas furnished 
sufficient evidence to support a reasonable belief thata discharge has 
occurred.
    (b) A ship that does not comply with the requirements of Parts151, 
155 and 157 of this chapter, or where the condition of the shipor its 
equipment does not substantially agree with the particulars ofthe IOPP 
Certificate or other required documentation, may be detainedby order of 
the COTP or OCMI, at the port or terminal where theviolation is 
discovered until, in the opinion of the detainingauthority, the ship can 
proceed to sea without presenting anunreasonable threat of harm to the 
marine environment. The detentionorder may authorize the ship to proceed 
to the nearest appropriateavailable shipyard rather than remaining at 
the place where theviolation was discovered.
    (c) An inspection under this section may include an examination 
ofthe Oil Record Book, the oil content meter continuous records, and 
ageneral examination of the ship. A copy of any entry in the Oil 
RecordBook may be made and the Master of the ship may be required to 
certifythat the copy is a true copy of such entry.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990]



Sec. 151.25  Oil Record Book.

    (a) Each oil tanker of 150 gross tons and above, ship of 400 
grosstons and above other than an oil tanker, and manned fixed or 
floatingdrilling rig or other platform shall maintain an Oil Record Book 
PartI (Machinery Space Operations). An oil tanker of 150 gross tons 
andabove or a non oil tanker that carries 200 cubic meters or more of 
oilin bulk, shall also maintain an Oil Record Book Part II (Cargo/
BallastOperations).
    (b) An Oil Record Book printed by the U.S. Government is availableto 
the masters or operators of all U.S. ships subject to this section,from 
any Coast Guard Sector Office, Marine Inspection Office, orCaptain of 
the Port Office.
    (c) The ownership of the Oil Record Book of all U.S. ships 
remainswith the U.S. Government.
    (d) Entries shall be made in the Oil Record Book on each occasion,on 
a tank to tank basis if appropriate, whenever any of the 
followingmachinery space operations take place on any ship to which 
thissection applies--
    (1) Ballasting or cleaning of fuel oil tanks;
    (2) Discharge of ballast containing an oily mixture or cleaningwater 
from fuel oil tanks;
    (3) Disposal of oil residue; and
    (4) Discharge overboard or disposal otherwise of bilge water thathas 
accumulated in machinery spaces.
    (e) Entries shall be made in the Oil Record Book on each occasion,on 
a tank to tank basis if appropriate, whenever any of the followingcargo/
ballast operations take place on any oil tanker to which thissection 
applies--
    (1) Loading of oil cargo;
    (2) Internal transfer of oil cargo during voyage;
    (3) Unloading of oil cargo;
    (4) Ballasting of cargo tanks and dedicated clean ballast tanks;
    (5) Cleaning of cargo tanks including crude oil washing;
    (6) Discharge of ballast except from segregated ballast tanks;
    (7) Discharge of water from slop tanks;
    (8) Closing of all applicable valves or similar devices after 
sloptank discharge operations;
    (9) Closing of valves necessary for isolation of dedicated 
cleanballast tanks from cargo and stripping lines after slop tank 
dischargeoperations; and
    (10) Disposal of oil residue.
    (f) Entries shall be made in the Oil Record Book on each occasion,on 
a tank-to-tank basis if appropriate, whenever any of the 
followingoperations take place on a fixed or floating

[[Page 283]]

drilling rig orother platform to which this section applies--
    (1) Discharge of ballast or cleaning water from fuel oil tanks;and
    (2) Discharge overboard of platform machinery space bilge water.
    (g) In the event of an emergency, accidental or other 
exceptionaldischarge of oil or oily mixture, a statement shall be made 
in the OilRecord Book of the circumstances of, and the reasons for, 
thedischarge.
    (h) Each operation described in paragraphs (d), (e) and (f) ofthis 
section shall be fully recorded without delay in the Oil RecordBook so 
that all the entries in the book appropriate to that operationare 
completed. Each completed operation shall be signed by the personor 
persons in charge of the operations concerned and each completedpage 
shall be signed by the master or other person having charge ofthe ship.
    (i) The Oil Record Book shall be kept in such a place as to 
bereadily available for inspection at all reasonable times and shall 
bekept on board the ship.
    (j) The master or other person having charge of a ship required 
tokeep an Oil Record Book shall be responsible for the maintenance 
ofsuch record.
    (k) The Oil Record Book for a U.S. ship shall be maintained onboard 
for not less than three years.
    (l) This section does not apply to a barge or a fixed or 
floatingdrilling rig or other platform that is not equipped to 
dischargeoverboard any oil or oily mixture.
    (m) This section does not apply to a fixed or floating drillingrig 
or other platform that is operating in compliance with a validNational 
Pollutant Discharge Elimination System (NPDES) permit.

(Approved by the Office of Management and Budget under controlnumber 
1625-0009)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977,Dec. 8, 1983, as 
amended by CGD 88-002A, 55 FR 18582, May 2,1990; USCG-2000-7641, 66 FR 
55571, Nov. 2, 2001;USCG-2006-25150, 71 FR 39209, July 12, 2006;USCG-
2006-25556, 72 FR 36328, July 2, 2007]



Sec. 151.26  Shipboard oil pollution emergency plans.

    (a) Language of the plan. The shipboard oil pollutionemergency plan 
must be available on board in English and in theworking language of the 
master and the officers of the ship, if otherthan English.
    (b) Plan format. The plan must contain the following sixsections. A 
seventh non-mandatory section may be included at theshipowner's 
discretion:
    (1) Introduction. This section must contain the following:
    (i) Introductory text. The introductory text of the planmust contain 
the following language (For ships operating inAntarctica, the 
introductory text of the plan must contain thefollowing language and 
explain that they are in accordance withthe Protocol on Environmental 
Protection to the Antarctic Treaty):

    This plan is written in accordance with the requirements 
ofRegulation 26 of Annex I of the International Convention for 
thePrevention of Pollution from Ships, 1973, as modified by the 
Protocolof 1978 relating thereto (MARPOL 73/78).
    The purpose of the plan is to provide guidance to the master 
andofficers on board the ship with respect to the steps to be taken 
whena pollution incident has occurred or is likely to occur.
    The plan contains all information and operational 
instructionsrequired by the guidelines (Resolution MEPC.54(32)). The 
appendicescontain names, telephone numbers, telex numbers, etc. of all 
contactsreferenced in the plan, as well as other reference material.
    This plan has been approved by the Coast Guard and, except 
asprovided below, no alteration or revision may be made to any part ofit 
without the prior approval of the Coast Guard.
    Changes to the seventh section of the plan and the appendices donot 
require approval by the Coast Guard. The appendices must bemaintained 
up-to-date by the owners, operators, and managers.

    (ii) General information.
    (A) The ship's name, call sign, official number, 
InternationalMaritime Organization (IMO) international number, and 
principalcharacteristics.
    (B) [Reserved]
    (2) Preamble. This section must contain an explanation ofthe purpose 
and use of the plan and indicate how the shipboard planrelates to other 
shore-based plans.
    (3) Reporting Requirements. This section of the plan mustinclude 
information relating to the following:

[[Page 284]]

    (i) When to report. A report shall be made whenever anincident 
involves--
    (A) A discharge of oil or oily mixture resulting from damage tothe 
ship or its equipment, or for the purpose of securing the safetyof a 
ship or saving life at sea;
    (B) A discharge of oil or oily mixture during the operation of 
theship in excess of the quantities or instantaneous rate permitted 
inSec. 151.10 of this subpart or in Sec. 157.37 ofthis subchapter; or
    (C) A probable discharge. Factors to be considered in 
determiningwhether a discharge is probable include, but are not limited 
to: shiplocation and proximity to land or other navigational hazards, 
weather,tide, current, sea state, and traffic density. The master must 
make areport in cases of collision, grounding, fire, explosion, 
structuralfailure, flooding or cargo shifting, or an incident resulting 
infailure or breakdown of steering gear, propulsion, 
electricalgenerating system, or essential shipborne navigational aids.
    (ii) Information required. This section of the plan mustinclude a 
notification form, such as that depicted in Table 151.26(b)(3)(ii)(A), 
that contains information to be provided in the initialand follow-up 
notifications. The initial notification should includeas much of the 
information on the form as possible, and supplementalinformation, as 
appropriate. However, the initial notification mustnot be delayed 
pending collection of all information. Copies of theform must be placed 
at the location(s) on the ship from whichnotification may be made.

[[Page 285]]

[GRAPHIC] [TIFF OMITTED] TR07OC94.020


[[Page 286]]


[GRAPHIC] [TIFF OMITTED] TR07OC94.021

    (iii) Whom to contact. (A) This section of the plan mustmake 
reference to the appendices listing coastal state contacts, 
portcontacts, and ship interest contacts.
    (B) For actual or probable discharges of oil, or oily mixtures 
thereports must comply with the procedures described in MARPOL 
ProtocolI. The reports shall be directed to either the nearest Captain 
of thePort (COTP) or to the National Response Center (NRC), toll 
freetelephone number: 800-424-8802, directtelephone: 202-267-2675, or 
Fax:202-267-1322.
    (C) For Antarctica, in addition to compliance with paragraph 
(b)(3)(iii)(B) of this section, reports shall also be directed to 
anyAntarctic station that may be affected.
    (4) Steps to control a discharge. This section of the planmust 
contain a discussion of procedures to address the followingscenarios:
    (i) Operational spills: The plan must outline procedures forremoval 
of oil spilled and contained on deck. The plan must alsoprovide guidance 
to ensure proper disposal of recovered oil andcleanup materials;
    (A) Pipe leakage: The plan must provide specific guidance fordealing 
with pipe leakage;
    (B) Tank overflow: The plan must include procedures for dealingwith 
tank overflows. It must provide alternatives such as transferringcargo 
or bunkers to empty or slack tanks, or readying pumps totransfer the 
excess ashore;
    (C) Hull leakage: The plan must outline procedures for respondingto 
spills due to suspected hull leakage, including guidance onmeasures to 
be taken to reduce the head of oil in the tank involvedeither by 
internal transfer or discharge ashore. Procedures to handlesituations 
where it is not possible to identify the specific tank fromwhich

[[Page 287]]

leakage is occurring must also be provided. Procedures fordealing with 
suspected hull fractures must be included. Theseprocedures must take 
into account the effect of corrective actions onhull stress and 
stability.
    (ii) Spills resulting from casualties: Each of the casualtieslisted 
below must be treated in the plan as a separate sectioncomprised of 
various checklists or other means which will ensure thatthe master 
considers all appropriate factors when addressing thespecific casualty. 
These checklists must be tailored to the specificship. In addition to 
the checklists, specific personnel assignmentsfor anticipated tasks must 
be identified. Reference to existing firecontrol plans and muster lists 
is sufficient to identify personnelresponsibilities in the following 
situations:
    (A) Grounding;
    (B) Fire or explosion;
    (C) Collision;
    (D) Hull failure; and
    (E) Excessive list.
    (iii) In addition to the checklist and personnel duty 
assignmentsrequired by paragraph (b)(4)(ii) of this section, the plan 
mustinclude--
    (A) Priority actions to ensure the safety of personnel and theship, 
assess the damage to the ship, and take appropriate furtheraction;
    (B) Information for making damage stability and longitudinalstrength 
assessments, or contacting classification societies toacquire such 
information. Nothing in this section shall be construedas creating a 
requirement for damage stability plans or calculationsbeyond those 
required by law or regulation; and
    (C) Lightening procedures to be followed in cases of 
extensivestructural damage. The plan must contain information on 
procedures tobe followed for ship-to-ship transfer of cargo. Reference 
may be madein the plan to existing company guides. A copy of such 
companyprocedures for ship-to-ship transfer operations must be kept in 
theplan. The plan must address the coordination of this activity with 
thecoastal or port state, as appropriate.
    (5) National and Local Coordination. (i) This section of theplan 
must contain information to assist the master in initiatingaction by the 
coastal State, local government, or other involvedparties. This 
information must include guidance to assist the masterwith organizing a 
response to the incident should a response not beorganized by the shore 
authorities. Detailed information for specificareas may be included as 
appendices to the plan.
    (ii) For Antarctica, a vessel owner or operator must include aplan 
for prompt and effective response action to such emergencies asmight 
arise in the performance of its vessel's activities.
    (iii) To comply with paragraph (b)(5)(ii) of this section, anagency 
of the United States government may promulgate a directiveproviding for 
prompt and effective response by the agency's publicvessels operating in 
Antarctica.
    (6) Appendices. Appendices must include the followinginformation:
    (i) Twenty-four hour contact information and alternates to 
thedesignated contacts. These details must be routinely updated 
toaccount for personnel changes and changes in telephone, telex, 
andtelefacsimile numbers. Clear guidance must also be provided 
regardingthe preferred means of communication.
    (ii) The following lists, each identified as a separate appendix:
    (A) A list of agencies or officials of coastal stateadministrations 
responsible for receiving and processing incidentreports;
    (B) A list of agencies or officials in regularly visited ports.When 
this is not feasible, the master must obtain details concerninglocal 
reporting procedures upon arrival in port; and
    (C) A list of all parties with a financial interest in the shipsuch 
as ship and cargo owners, insurers, and salvage interests.
    (D) A list which specifies who will be responsible for informingthe 
parties listed and the priority in which they must be notified.
    (iii) A record of annual reviews and changes.
    (7) Non-mandatory provisions. If this section is included bythe 
shipowner, it should include the following types of information orany 
other information that may be appropriate:
    (i) Diagrams;

[[Page 288]]

    (ii) Response equipment or oil spill removal organizations;
    (iii) Public affairs practices;
    (iv) Recordkeeping;
    (v) Plan exercising; and
    (vi) Individuals qualified to respond.
    (8) Index of sections. The plan must be organized asdepicted in 
Table 151.26(b)(8).

           Table 151.26(b)(8)--Index of Sections--SampleFormat

                                Mandatory

Section 1: Introduction
Section 2: Preamble
Section 3: Reporting requirements
Section 4: Steps to control a discharge
Section 5: National and local coordination
Section 6: Appendices

                                Voluntary

Section 7: Non-mandatory provisions

[CGD 93-030, 59 FR 51338, Oct. 7, 1994, as amended byCGD 97-015, 62 FR 
18045, Apr. 14, 1997;USCG-2000-7641, 66 FR 55571, Nov. 2, 2001;USCG-
2008-0179, 73 FR 35014, June 19, 2008]



Sec. 151.27  Plan submission and approval.

    (a) No manned ship subject to this part may operate unless itcarries 
on board a shipboard oil pollution emergency plan approved bythe Coast 
Guard. An unmanned ship subject to this regulation mustcarry the 
notification list required in Sec. 151.26(b)(3) onboard in the 
documentation container; remaining sections of the planmust be 
maintained on file at the home office. For new ships, plansmust be 
submitted at least 90 days before the ship intends to beginoperations.
    (b) An owner or operator of a ship to which this part appliesshall 
prepare and submit one English language copy of the shipboardoil 
pollution emergency plan to Commandant (CG-5431), U.S. CoastGuard, 2100 
Second Street SW., Washington, DC 20593-0001.
    (c) An owner or operator with multiple ships to which this 
partapplies may submit one plan for each type of ship with a 
separateship-specific appendix for each vessel covered by the plan.
    (d) Combined shipboard oil pollution emergency plans and 
responseplans meeting the requirements of subparts D and E of part 155 
of thischapter must be prepared according to Sec. 155.1030(j) ofthis 
chapter.
    (e) If the Coast Guard determines that the plan meets 
allrequirements of this section, the Coast Guard will notify the owner 
oroperator of the ship and return a copy of the approved plan along 
withan approval letter. The approval period for a plan expires 5 
yearsafter the plan approval date.
    (f) If the Coast Guard determines that the plan does not meet allof 
the requirements, the Coast Guard will notify the owner or operatorof 
the plan's deficiencies. The owner or operator must then resubmittwo 
copies of the revised plan, or corrected portions of the plan,within 
time period specified in the written notice provided by theCoast Guard.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended byCGD 96-026, 61 FR 
33665, June 28, 1996;USCG-1998-3799, 63 FR 35530, June 30, 1998;USCG-
2008-0179, 73 FR 35014, June 19, 2008]



Sec. 151.28  Plan review and revision.

    (a) An owner or operator of a ship to which this subpart appliesmust 
review the shipboard oil pollution emergency plan annually andsubmit a 
letter to Commandant (CG-5431) certifying that the review hasbeen 
completed. This review must occur within 1 month of theanniversary date 
of Coast Guard approval of the plan.
    (b) The owner or operator shall submit any plan amendments 
toCommandant (CG-5431) for information or approval.
    (c) The entire plan must be resubmitted to Commandant (CG-5431)for 
reapproval 6 months before the end of the Coast Guard approvalperiod 
identified in Sec. 151.27(e) of this subpart.
    (d) A record of annual review and changes to the plan must 
bemaintained in the last appendix of section six of the plan.
    (e) Except as provided in paragraph (f) of this section, 
revisionsmust receive prior approval by the Coast Guard before they can 
beincorporated into the plan.
    (f) Revisions to the seventh section of the plan and theappendices 
do not require approval by the Coast Guard. The

[[Page 289]]

CoastGuard shall be advised and provided a copy of the revisions as 
theyoccur.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended byCGD 96-026, 61 FR 
33665, June 28, 1996;USCG-2008-0179, 73 FR 35014, June 19, 2008]



Sec. 151.29  Foreign ships.

    (a) Each oil tanker of 150 gross tons and above and each othership 
of 400 gross tons and above, operated under the authority of acountry 
other than the United States that is party to MARPOL 73/78,shall, while 
in the navigable waters of the United States or while ata port or 
terminal under the jurisdiction of the United States, carryon board a 
shipboard oil pollution emergency plan approved by its flagstate.
    (b) Each oil tanker of 150 gross tons and above and each othership 
of 400 gross tons and above, operated under the authority of acountry 
that is not a party to MARPOL 73/78, must comply withSec. 151.21 of 
this subpart while in the navigable waters ofthe United States.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994]

                   Noxious Liquid Substance Pollution

    Source: Sections 151.30 through 151.49 appear by CGD85-010, 52 FR 
7759, Mar. 12, 1987, unless otherwise noted.



Sec. 151.30  Applicability.

    (a) Except as provided in paragraph (b) of this section,Sec. Sec. 
151.30 through 151.49 apply to each shipthat--
    (1) Is operated under the authority of the United States andengages 
in international voyages;
    (2) Is operated under the authority of the United States and 
iscertificated for ocean service;
    (3) Is operated under the authority of the United States and 
iscertificated for coastwise service beyond three nautical miles 
fromland;
    (4) Is operated under the authority of the United States andoperates 
at any time seaward of the outermost boundary of theterritorial sea of 
the United States as defined in Sec. 2.22of this chapter; or
    (5) Is operated under the authority of a country other than 
theUnited States while in the navigable waters of the United States, 
orwhile at a port or terminal under the jurisdiction of the 
UnitedStates.
    (b) Sections 151.30 through 151.49 do not apply to--
    (1) A tank barge whose certificate is endorsed by the Coast Guardfor 
a limited short protected coastwise route if the barge isconstructed and 
certificated primarily for service on an inland route;
    (2) A warship, naval auxiliary, or other ship owned or operated bya 
country when engaged in noncommercial service;
    (3) A Canadian or U.S. ship being operated exclusively on theGreat 
Lakes of North America or their connecting and tributary waters;
    (4) A Canadian or U.S. ship being operated exclusively on 
theinternal waters of the United States and Canada; or
    (5) Any other ship specifically excluded by MARPOL 73/78.

    Note to Sec. 151.30 (b)(4): The term``internal waters'' is defined 
in Sec. 2.24 ofthis chapter.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990;USCG-2008-0179, 73 FR 35014, June 19, 2008]



Sec. 151.31  Where to find requirements applying to oceangoing ships carryingCategory A, B, C, and D NLS.

    (a) The requirements for oceangoing ships carrying NLSs listed 
inSec. Sec. 151.47 and 151.49 are inSec. Sec. 151.33 through 151.45.
    (b) The requirements for oceangoing ships carrying NLSs listed 
inTable 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, 
whichare not listed in Sec. 151.47 or Sec. 151.49, arein 46 CFR parts 
98, 151, and 153.
    (c) Alternatives to the requirements in this part for 
oceangoingships carrying NLSs are in 46 CFR part 153.
    (d) Procedures for obtaining permission to carry an NLS not listedin 
Sec. 151.47, Sec. 151.49, Table 151.05 of 46CFR part 151, or Table 1 
of 46 CFR part 153 are in 46 CFR 153.900(c).



Sec. 151.32  Special areas for the purpose of Annex II.

    (a) For the purposes of Sec. Sec. 151.30 through151.49, the special 
areas are the Baltic Sea area, the Black Sea area,

[[Page 290]]

and the Antarctic area which are described inSec. 151.06. Discharges 
into the sea of NLSs or mixturescontaining such substances are 
prohibited in the Antarctic area.
    (b) In accordance with paragraph (13)(a) of Regulation 5 of AnnexII 
of MARPOL 73/78, the discharge restrictions inSec. 151.32 for the 
Baltic Sea area and the Black Sea areawill enter into effect when each 
Party to MARPOL 73/78 whose coastlineborders the special area has 
certified that reception facilities areavailable and the IMO has 
established an effective date for eachspecial area. Notice of the 
effective date for discharge requirementsin these areas will be 
published in the Federal Register andreflected in this section.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.33  Certificates needed to carry Category C Oil-like NLS.

    (a) A U.S. oceangoing ship may not carry a Category C oil-like 
NLSlisted in Sec. 151.49 in a cargo tank unless the ship has 
aCertificate of Inspection endorsed to allow the NLS to be carried 
inthat cargo tank, and if the ship engages in a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued 
underSec. 151.37(a), that allows the NLS to be carried in thatcargo 
tank; or
    (2) A Certificate of Fitness issued under 46 CFR part 153 thatallows 
the NLS to be carried in that cargo tank.
    (b) A foreign oceangoing ship operating in the navigable waters 
ofthe U.S. may not carry a Category C oil-like NLS listed inSec. 151.49 
in a cargo tank unless the ship has--
    (1) An Attachment for NLSs to the IOPP Certificate that allows 
theNLS to be carried in that cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR Part 153 toallow 
the NLS to be carried in that cargo tank.
    (c) A U.S. oceangoing ship authorized to carry certain 
dangerouscargoes in bulk under 46 CFR Part 98 may not carry a Category C 
oil-like NLS listed in Sec. 151.49 in a cargo tank unless theship has a 
Certificate of Inspection endorsed to allow the NLS to becarried in that 
cargo tank, and if the ship engages in a foreignvoyage, an NLS 
Certificate issued under Sec. 151.37(b) thatallows the NLS to be 
carried in that cargo tank.



Sec. 151.35  Certificates needed to carry Category D NLS and Category D Oil-like NLS.

    (a) A U.S. oceangoing ship may not carry a Category D NLS listedin 
Sec. 151.47 in a cargo tank unless the ship has aCertificate of 
Inspection endorsed to allow the NLS to be carried inthat cargo tank, 
and if the ship engages if a foreign voyage--
    (1) An NLS Certificate issued under Sec. 151.37(b) toallow the NLS 
to be carried in that cargo tank; or
    (2) A Certificate of Fitness issued under 46 CFR part 153 to 
allowthe NLS to be carried in that cargo tank.
    (b) A U.S. oceangoing ship may not carry a Category D oil-like 
NLSlisted in Sec. 151.49 in a cargo tank unless the ship has 
aCertificate of Inspection endorsed to allow the NLS to be carried 
inthat cargo tank, and if the ship engages if a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued 
underSec. 151.37(a), to allow the NLS to be carried in that cargotank; 
or
    (2) An NLS Certificate issued under Sec. 151.37(b) toallow the NLS 
to be carried in that cargo tank, or
    (3) A Certificate of Fitness issued under 46 CFR part 153 to 
allowthe NLS to be carried in that cargo tank.
    (c) A foreign oceangoing ship in the navigable waters of the U.S.may 
not carry a Category D NLS listed in Sec. 151.47 in acargo tank unless 
the ship has one of the following:
    (1) An NLS Certificate endorsed to allow the NLS to be carried 
inthat cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR part 153 toallow 
the NLS to be carried in that cargo tank.
    (d) A foreign oceangoing ship in the navigable waters of the U.S.may 
not carry a Category D oil-like NLS listed inSec. 151.49 in a cargo 
tank unless the ship has one of thefollowing:
    (1) An Attachment for NLSs to the IOPP Certificate to allow theNLS 
to be carried in that cargo tank; or
    (2) An NLS Certificate endorsed to allow the NLS to be carried inthe 
cargo tank; or

[[Page 291]]

    (3) A Certificate of Compliance issued under 46 CFR part 153to allow 
the NLS to be carried in the cargo tank.
    (e) A U.S. oceangoing ship authorized to carry certain 
dangerouscargoes in bulk under 46 CFR part 98 may not carry a Category D 
NLSlisted in Sec. 151.47 or a Category D oil-like NLS listed inSec. 
151.49 in a cargo tank unless the ship has aCertificate of Inspection 
endorsed to allow the NLS to be carried inthat cargo tank, and if the 
ship engages in a foreign voyage, an NLSCertificate issued under Sec. 
151.37(b) that allows the NLSto be carried in that cargo tank.



Sec. 151.37  Obtaining an Attachment for NLSs to the IOPP Certificate andobtaining an NLS Certificate.

    (a) The Coast Guard or a classification society authorized under46 
CFR part 8 issues an Attachment for NLSs to the IOPP Certificate toan 
oceangoing ship to allow the carriage of a Category C oil-like NLSor a 
Category D oil-like NLS if the following requirements are met:
    (1) Except for ships that are not configured and are not equippedto 
ballast or wash cargo tanks while proceeding en route, the shipmust have 
a Coast Guard approved monitor under Sec. 157.12that is approved for 
the cargoes that are desired to be carried.
    (2) Except as required by paragraph (a)(3), ships of 150 meters 
orless in length carrying a Category C oil-like NLS must meet the 
damagestability requirements applying to a Type III hull as provided 
byRegulation 14 (c) of Annex II.
    (3) A U.S. self propelled ship of 150 meters or less in length ona 
coastwise voyage carrying a Category C oil-like NLS must meet thedamage 
stability requirements applying to a Type III hull as providedby 46 CFR 
part 172, subpart F except Sec. Sec. 172.130 and172.133.
    (b) Except as allowed in paragraph (c) of this section, the 
CoastGuard or a classification society authorized under 46 CFR part 
8issues an NLS Certificate endorsed to allow the oceangoing shipengaged 
in a foreign voyage to carry a Category D NLS listed inSec. 151.47 if 
the ship has--
    (1) An approved Procedures and Arrangements Manual and CargoRecord 
Book, both meeting the requirements in 46 CFR 153.490; and
    (2) A residue discharge system meeting 46 CFR 153.470, unless 
theapproved Procedures and Arrangements Manual limits discharge 
ofCategory D NLS residue to the alternative provided by 46 
CFR153.1128(b).
    (c) The Coast Guard or a classification society authorized under46 
CFR part 8 issues a NLS Certificate with the statement that thevessel is 
prohibited from discharging NLS residues to the sea if thevessel does 
not meet 46 CFR 153.470 and 153.490 but meets 46 CFRsubpart 98.31.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended byCGD 95-010, 62 FR 
67532, Dec. 24, 1997]



Sec. 151.39  Operating requirements: Category D NLS.

    The master or person in charge of an oceangoing ship that carriesa 
Category D NLS listed in Sec. 151.47 shall ensure that theship is 
operated as prescribed for the operation of oceangoing shipscarrying 
Category D NLSs in 46 CFR 153.901, 153.909, 153.1100,153.1104, 153.1106, 
153.1124, 153.1126, and 153.1128.

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended byUSCG-2008-0179, 73 
FR 35014, June 19, 2008]



Sec. 151.41  Operating requirements for oceangoing ships with IOPPCertificates: Category C and D Oil-like NLSs.

    The master or person in charge of an oceangoing ship 
certificatedunder Sec. 151.37(a) shall ensure that--
    (a) The carriage and discharge of the oil-like NLS meetsSec. Sec. 
157.29, 157.31, 157.35, 157.37, 157.41, 157.45,157.47, and 157.49 of 
this chapter; and
    (b) The oil-like NLS is not discharged unless--
    (1) The monitor required by Sec. 151.37(a)(1) is set todetect the 
oil-like NLS; and
    (2) A statement that the monitor has been set to detect the oil-like 
NLS is entered in the Oil Record Book Part II(Cargo/BallastOperations), 
required by Sec. 151.25.

[[Page 292]]



Sec. 151.43  Control of discharge of NLS residues.

    (a) Unless the ship is a fixed or floating drilling rig or 
otherplatform operating under an National Pollution Discharge 
EliminationSystem (NPDES) permit, the master or person in charge of an 
oceangoingship that cannot discharge NLS residue into the sea in 
accordance with46 CFR 153.1126 or 153.1128 shall ensure that the NLS 
residueis--
    (1) Retained on board; or
    (2) Discharged to a reception facility.
    (b) If Category A, B, or C NLS cargo or NLS residue is to 
betransfered at a port or terminal in the United States, the master 
orperson in charge of each oceangoing ship carrying NLS cargo or 
NLSresidue shall notify the port or terminal at least 24 hours 
beforeentering the port or terminal of--
    (1) The name of the ship;
    (2) The name, category and volume of NLS cargo to be unloaded;
    (3) If the cargo is a Category B or C high viscosity NLS cargo 
orsolidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with 
areference to ``Sec. 153.908(a)'' or``Sec. 153.908(b)'' in the 
``SpecialRequirements'' column of that table, the time of day the ship 
isestimated to be ready to discharge NLS residue to a receptionfacility;
    (4) If the cargo is any Category B or C NLS cargo not underparagraph 
(b)(3) of this section, whether or not the ship meets thestripping 
requirements under 46 CFR 153.480, 153.481, or 153.482;
    (5) The name and the estimated volume of NLS in the NLS residue tobe 
discharged;
    (6) The total volume of NLS residue to be discharged; and
    (7) The name and amount of any cleaning agents to be used duringthe 
prewash required by 46 CFR 153.1120.
    (c) The master or person in charge of a U.S. ship in a specialarea 
shall operate the ship in accordance with 46 CFR 153.903.
    Note: The master or person in charge of a ship carryingCategory A 
NLS that is required to prewash tanks under the proceduresin 46 CFR Part 
153.1120 is required under 46 CFR 153.1101 to notifythe COTP at least 24 
hours before a prewash surveyor is needed.



Sec. 151.47  Category D NLSs other than oil-like Category D NLSs that may becarried under this part.

    The following is a list of Category D NLSs other than Oil-
likeCategory D NLSs that the Coast Guard allows to be carried:

Acetophenone
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol
iso- & cyclo-Alkane (C10-C11)
Alkenyl(C11+)amine
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture
Alkyl dithiothiadiazole (C6-C24)
Alkyl ester copolymer (C4-C20)
Alkyl(C8-C40) phenol sulfide
Aluminum sulfate solution
Ammonium hydrogen phosphate solution
Ammonium nitrate solution (45% or less)
Ammonium nitrate, Urea solution (2% or less NH3)
Ammonium phosphate, Urea solution
Ammonium polyphosphate solution
Ammonium sulfate solution (20% or less)
Amyl alcohol (iso-, n-, sec-, primary)
Animal and Fish oils, n.o.s. (see also Oil, edible)
Animal and Fish acid oils and distillates, n.o.s.
Aryl polyolefin (C11-C50)
Brake fluid base mixtures
Butylene glycol
iso-Butyl formate
n-Butyl formate
gamma-Butyrolactone
Calcium hydroxide slurry
Calcium long chain alkyl sulfonate (C11-C50)
Calcium long chain alkyl(C11-C40) phenate
Calcium long chain alkyl phenate sulfide (C8-C40)
Caprolactam solutions
Chlorine chloride solution
Citric acid (70% or less)
Coconut oil fatty acid methyl ester
Copper salt of long chain (C17+) alkanoic acid
Cyclohexanol
Decahydronaphthalene
Diacetone alcohol
Dialkyl(C8-C9) diphenylamines
Dialkyl(C7-C13) phthalates
Diethylene glycol
Diethylene glycol butyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol dibutyl ether
Diethylene glycol ethyl ether, see Poly(2-8)alkyleneglycol monoalkyl(C1-
C6) ether
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate

[[Page 293]]

Diethylene glycol phenyl ether
Diethylene glycol phthalate
Di-(2-ethylhexyl)adipate
1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution
Diisobutyl ketone
Diisodecyl phthalate, see Dialkyl(C7-C13) phthalates
Diisononyl adipate
Diisononyl phthalate, see Dialkyl(C7-C13) phthalates
2,2-Dimethylpropane-1,3-diol
Dinonyl phthalate, see Dialkyl(C7-C13) phthalates
Dipropylene glycol dibenzoate
Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Ditridecyl phthalate, see Dialkyl(C7-C13) phthalates
Diundecyl phthalate, see Dialkyl(C7-C13) phthalates
Dodecenylsuccinic acid, dipotassium salt solution
Ethoxylated long chain (C16+) alkyloxyalkanamine
Ethoxy triglycol (crude)
2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester
Ethyl acetate
Ethyl acetoacetate
Ethyl butanol
Ethylenediaminetetraacetic acid, tetrasodium salt solution
Ethylene glycol
Ethylene glycol acetate
Ethylene glycol dibutyl ether
Ethylene glycol methyl butyl ether
Ethylene glycol phenyl ether
Ethylene glycol phenyl ether, Diethylene glycol phenyl ethermixture
2-Ethylhexanoic acid, see Octanoic acid
Ethyl propionate
Ferric hydroxyethylethylene diamine triacetic acid, trisodium 
saltsolution
Formamide
Glycerine (83%), Dioxanedimethanol (17%) mixture
Glycerol monooleate
Glyoxal solution (40% or less)
Glyphosate solution (not containing surfactant)
Heptanoic acid
Hexamethylenediamine adipate
Hexamethylenetetramine solutions
Hexanoic acid
Hexanol
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodiumsalt solution
Isophorone
Lactic acid
Latex (ammonia (1% or less) inhibited)
Long chain alkaryl sulfonic acid (C16-C60)
Magnesium long chain alkaryl sulfonate (C11-C50)
Magnesium long chain alkyl phenate sulfide (C8-C20)
3-Methoxybutyl acetate
Methyl acetoacetate
Methyl alcohol
Methyl amyl ketone
Methyl butenol
Methyl butyl ketone
Methyl isobutyl ketone
Methyl tert-butyl ether
Methyl butynol
Methyl propyl ketone
N-Methyl-2-pyrrolidone
Myrcene
Naphthalene sulfonic acid-formaldehyde copolymer, sodium saltsolution
Nonanoic acid (all isomers)
Nonanoic, Tridecanoic acid mixture
Nonyl methacrylate
Noxious Liquid Substance, (17) n.o.s.
Octadecenoamide solution
Octanoic acid
    Oil, edible:
    Babassu
    Beechnut
    Castor
    Cocoa butter
    Coconut
    Cod liver
    Corn
    Cottonseed
    Fish
    Groundnut
    Hazelnut
    Nutmeg butter
    Olive
    Palm
    Palm kernel
    Peanut
    Poppy
    Raisin seed
    Rapeseed
    Rice bran
    Safflower
    Salad
    Sesame
    Soya bean
    Sunflower seed
    Tucum
    Vegetable
    Walnut
Oil, misc:
    Animal, n.o.s.
    Coconut oil, esterified
    Coconut oil, fatty acid methyl ester
    Lanolin
    Linseed
    Neatsfoot
    Oiticica
    Palm oil, fatty acid methyl ester
    Palm oil, methyl ester
    Perilla
    Pilchard
    Soya bean (epoxidized)
    Sperm
    Tung
    Whale
Olefin/Alkyl ester copolymer (molecular weight 2000+)
Oleic acid

[[Page 294]]

Palm kernel acid oil, methyl ester
Palm stearin
Pentaethylenehexamine
Pentanoic acid
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether,Including:
    Diethylene glycol butyl ether
    Diethylene glycol ethyl ether
    Diethylene glycol n-hexyl ether
    Diethylene glycol methyl ether
    Diethylene glycol n-propyl ether
    Dipropylene glycol butyl ether
    Dipropylene glycol methyl ether
    Polypropylene glycol methyl ether
    Triethylene glycol butyl ether
    Triethylene glycol ethyl ether
    Triethylene glycol methyl ether
    Tripropylene glycol methyl ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) etheracetate, Including:
    Diethylene glycol butyl ether acetate
    Diethylene glycol ethyl ether acetate
    Diethylene glycol methyl ether acetate
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethersmixtures
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Polyalkyl(C10-C20) methacrylate
Polybutenyl succinimide
Polyether (molecular weight 2000+)
Polyethylene glycol monoalkyl ether
Polyolefin amide alkeneamine (C17+)
Polyolefin amide alkeneamine (C28+)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide alkeneamine polyol
Polyolefin anhydride
Polyolefin ester (C28-C250)
Polyolefin phenolic amine (C28-C250)
Polyolefin phosphorosulfide, barium derivative
Polypropylene glycol
n-Propyl acetate
Propylene glycol monoalkyl ether, Including:
    n-Propoxypropanol
    Propylene glycol n-butyl ether
    Propylene glycol ethyl ether
    Propylene glycol methyl ether
Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether, see Propylene glycol monoalkylether
Propylene glycol methyl ether acetate
Propylene glycol phenyl ether
Sodium acetate solution
Sodium benzoate solution
Sodium carbonate solution
Soybean oil (epoxidized)
Sulfohydrocarbon (C3-C88)
Sulfonated polyacrylate solution
Sulfolane
Sulfurized fat (C14-C20)
Sulfurized polyolefinamide alkene(C28-C250)amine
Tallow
Tallow fatty acid
Tetrasodium salt of Ethylenediaminetetraacetic acid solution
Triethylene glycol butyl ether, see Poly(2-8)alkyleneglycol 
monoalkyl(C1-C6) ether
Triethylene glycol ethyl ether, see Poly(2-8)alkyleneglycol 
monoalkyl(C1-C6) ether
Triethylene glycol methyl ether, see Poly(2-8)alkyleneglycol 
monoalkyl(C1-C6) ether
Triethyl phosphate
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see Poly(2-8)alkyleneglycol 
monoalkyl(C1-C6) ether
Trisodium salt of N-(Hydroxyethyl)-ethylenediamine triacetic 
acidsolution
Urea, Ammonium mono- and di-hydrogen phosphate, Potassium 
chloridesolution
Urea, Ammonium nitrate solution (2% or lessNH 3)
Urea, Ammonium phosphate solution
Vegetable oils, n.o.s. (see also Oil, edible)
Vegetable acid oils and distillates, n.o.s.
Waxes:
    Candelilla
    Carnauba

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended byCGD 88-100a, 54 FR 
40000, Sept. 29, 1989; 55 FR 17269, Apr. 24,1990; CGD 92-100a, 59 FR 
16986, Apr. 11, 1994; CGD94-901, 59 FR 45147, Aug. 31, 1994; CGD 95-901, 
60 FR34039, June 29, 1995; USCG 2000-7079, 65 FR 67155, Nov. 8,2000]



Sec. 151.49  Category C and D Oil-like NLSs allowed for carriage.

    The following is a list of Category C and D Oil-like NLSs that 
theCoast Guard allows to be carried:
    (a) The following Category C oil-like NLSs may be carried:

Aviation alkylates
Cycloheptane
Cyclohexane
Cyclopentane
p-Cymene
Ethylcyclohexane
Heptane (all isomers)
Heptene (all isomers)
Hexane (all isomers)
Hexene (all isomers)
iso-Propylcyclohexane
Methyl cyclohexane
2-Methyl-1-pentene, see Hexene (all isomers)
Nonane (all isomers)
Octane (all isomers)
Olefin mixtures (C5-C7)
Pentane (all isomers)
Pentene (all isomers)
1-Phenyl-1-xylylethane
Propylene dimer
Tetrahydronaphthalene
Toluene
Xylenes


[[Page 295]]


    (b) [Reserved]

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended byCGD 88-100a, 54 FR 
40001, Sept. 29, 1989; 55 FR 17269, Apr. 24,1990; CGD 92-100a, 59 FR 
16987, Apr. 11, 1994; CGD94-901, 59 FR 45148, Aug. 31, 1994; CGD 95-901, 
60 FR34039, June 29, 1995; USCG 2000-7079, 65 FR 67157, Nov. 8,2000; 
USCG-2008-0179, 73 FR 35014, June 19, 2008]

                      Garbage Pollution and Sewage

    Source: Sections 151.51 through 151.77 and Appendix Aappear by CGD 
88-002, 54 FR 18405, Apr. 28, 1989, unlessotherwise noted.



Sec. 151.51  Applicability.

    (a) Except as provided by paragraph (b) of this section,Sec. Sec. 
151.51 through 151.77 apply to--
    (1) Each ship that is of United States registry or nationality, 
orone operated under the authority of the United States, 
includingrecreational vessels defined in 46 U.S.C. 2101(25) and 
uninspectedvessels defined in 46 U.S.C. 2101(43), wherever located; and
    (2) Each ship, other than a ship referred to in paragraph (a)(1)of 
this section, while in the navigable waters or the ExclusiveEconomic 
Zone of the United States.
    (b) Sections 151.51 through 151.77 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated 
bythe United States when engaged in noncommercial service; or
    (2) Any other ship specifically excluded by MARPOL 73/78.
    Note: The Exclusive Economic Zone extends from the baselineof the 
territorial sea seaward 200 miles as defined in thePresidential 
Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp. p.22).

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18582, May 2, 1990]



Sec. 151.53  Special areas for Annex V of MARPOL 73/78.

    (a) For the purposes of Sec. Sec. 151.51 through151.77, the special 
areas are the Mediterranean Sea area, the BalticSea area, the Black Sea 
area, the Red Sea area, the Gulf areas, theNorth Sea area, the Antarctic 
area, and the Wider Caribbean region,including the Gulf of Mexico and 
the Caribbean Sea which are describedin Sec. 151.06. The discharge 
restrictions are effective inthe Baltic Sea, the North Sea, and the 
Antarctic area.
    (b) In accordance with paragraph (4)(b) of Regulation 5 of Annex Vof 
MARPOL 73/78, the discharge restrictions in Sec. 151.71for special 
areas will enter into effect when each party to MARPOL73/78 whose 
coastline borders the special area has certified thatreception 
facilities are available and the IMO has established aneffective date 
for each special area. Notice of the effective datesfor the discharge 
requirements in each special area will be publishedin the Federal 
Register and reflected in this section.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.55  Recordkeeping requirements.

    (a) This section applies to the following:
    (1) Every manned oceangoing ship (other than a fixed or 
floatingplatform) of 400 gross tons and above that is engaged in 
commerce andthat is documented under the laws of the United States or 
numbered bya State.
    (2) Every manned fixed or floating platform subject to 
thejurisdiction of the United States.
    (3) Every manned ship that is certified to carry 15 passengers 
ormore engaged in international voyages.
    (b) The master or person in charge of each ship under 
paragraph(a)(1), (a)(2), or (a)(3) of this section shall ensure that a 
writtenrecord is maintained on the ship of each of the following 
garbagedischarge or disposal operations:
    (1) Discharge overboard.
    (2) Discharge to another ship.
    (3) Discharge to a reception facility.
    (4) Incineration on the ship.
    (c) The record under paragraph (b) of this section must containthe 
following information on each discharge or disposal operation:
    (1) The type of operation as described under paragraphs 
(b)(1)through (b)(4) of this section.
    (2) The date and time of the operation.
    (3) If the operation was conducted at a port, the name of theport.
    (4) If the operation was not conducted at a port, the latitude 
andlongitude of the location where the operation was conducted and 
theestimated

[[Page 296]]

distance of that location from shore. If the operationinvolved off-
loading to another ship, the identity of the receivingship by name and 
official number.
    (5) The amount of garbage involved, described by volume in 
cubicmeters.
    (6) For discharges into the sea, a description of the contents ofthe 
garbage, described by the following categories:
    (i) Plastic material.
    (ii) Floating dunnage, lining, or packing material.
    (iii) Ground paper products, rags, glass, metal, bottles,crockery, 
or other similar garbage.
    (iv) Unground paper products, rags, glass, metal, bottles,crockery, 
or other similar garbage.
    (v) Victual wastes.
    (vi) Incinerated ash.
    (vii) Incinerated plastic residue.
    (d) The record under paragraph (b) of this section must beprepared 
at the time of the operation, certified as correct by themaster or 
person in charge of the ship, maintained on the ship for twoyears 
following the operation, and made available for inspection bythe Coast 
Guard.

[CGD 92-71, 59 FR 18703, Apr. 19, 1994, as amended byUSCG-2000-7641, 66 
FR 55571, Nov. 2, 2001]



Sec. 151.57  Waste management plans.

    (a) This section applies to the following:
    (1) Each manned oceangoing ship (other than a fixed or 
floatingplatform) of 40 feet or more in length that is documented under 
thelaws of the United States or numbered by a state and that either 
isengaged in commerce or is equipped with a galley and berthing.
    (2) Each manned fixed or floating platform that is--
    (i) Documented under the laws of the United States; or
    (ii) Operating under the authority of the United States,including, 
but not limited to, a lease or permit issued by an agencyof the United 
States.
    (b) The master or person in charge of a ship under paragraphs (a)(1) 
and (a)(2) of this section shall ensure that the ship is notoperated 
unless a waste management plan meeting paragraph (c) of thissection is 
on the ship and that each person handling garbage followsthe plan.
    (c) Each waste management plan under paragraph (b) of this 
sectionmust be in writing and--
    (1) Provide for the discharge of garbage by means that meet AnnexV 
of MARPOL 73/78, the Act, and Sec. Sec. 151.51 through151.77;
    (2) Describe procedures for collecting, processing, storing, 
anddischarging garbage; and
    (3) Designate the person who is in charge of carrying out theplan.

(Approved by the Office of Management and Budget under controlnumber 
1625-0072)

[CGD 88-002A, 55 FR 18582, May 2, 1990, as amended byUSCG-2006-25150, 71 
FR 39209, July 12, 2006]



Sec. 151.59  Placards.

    (a) This section applies to the following:
    (1) Each manned U.S. ship (other than a fixed or floatingplatform) 
that is 26 feet or more in length.
    (2) Each manned floating platform in transit that is--
    (i) Documented under the laws of the United States; or
    (ii) Operating under the authority of the United States,including, 
but not limited to, a lease or permit issued by an agencyof the United 
States.
    (b) The master or person in charge of each ship under 
paragraph(a)(1) or (a)(2) of this section shall ensure that one or 
moreplacards meeting the requirements of this section are displayed 
inprominent locations and in sufficient numbers so that they can be 
readby the crew and passengers. These locations must be readily 
accessibleto the intended reader and may include embarkation points, 
foodservice facilities, garbage handling spaces, and common spaces 
ondeck. If the Captain of the Port determines that the number orlocation 
of the placards is insufficient to adequately inform crew andpassengers, 
the Captain of the Port may require additional placardsand may specify 
their locations.
    (c) Each placard must be at least nine inches wide by four 
incheshigh, made of a durable material, and lettered with letters at 
least\1/8\ inch high.

[[Page 297]]

    (d) Except as under paragraph (e) of this section, theplacard must 
notify the reader of the following:
    (1) The discharge of plastic or garbage mixed with plastic intoany 
waters is prohibited.
    (2) The discharge of all garbage is prohibited in the 
navigablewaters of the United States and, in all other waters, within 
threenautical miles of the nearest land.
    (3) The discharge of dunnage, lining, and packing materials 
thatfloat is prohibited within 25 nautical miles of the nearest land.
    (4) Other unground garbage may be discharged beyond 12 nauticalmiles 
from the nearest land.
    (5) Other garbage ground to less than one inch may be 
dischargedbeyond three nautical miles of the nearest land.
    (6) A person who violates the above requirements is liable for 
acivil penalty for each violation, and the criminal penalties of aclass 
D felony. Placards installed on vessels before May 7, 1997, neednot be 
replaced; and existing stocks of placards, containing previouslanguage, 
may be used. When language on a placard is inconsistent withthe language 
in the Code of Federal Regulations (CFR) due to use of aplacard 
containing previous language penalty amounts contained in theCFR are 
controlling.
    (7) Regional, State, and local restrictions on garbage 
dischargesalso may apply.
    (e) For ships while operating on the Great Lakes or theirconnecting 
or tributary waters, the placard must--
    (1) Notify the reader of the information in paragraph (d) of 
thissection; or
    (2) Notify the reader of the following:
    (i) The discharge of all garbage into the Great Lakes or 
theirconnecting or tributary waters is prohibited.
    (ii) A person who violates the above requirements is liable for 
acivil penalty for each violation, and the criminal penalties of aclass 
D felony. Placards installed on vessels before May 7, 1997, neednot be 
replaced; and existing stocks of placards, containing previouslanguage, 
may be used. When language on a placard is inconsistent withthe language 
in the Code of Federal Regulations (CFR) due to use of aplacard 
containing previous language, penalty amounts contained in theCFR are 
controlling.

[CGD 88-002A, 56 FR 8880, Mar. 1, 1991, as amended byCGD 96-052, 62 FR 
16703, Apr. 8, 1997; 62 FR 31340, June 9,1997]



Sec. 151.61  Inspection for compliance and enforcement.

    While within the navigable waters of the United States or 
theExclusive Economic Zone, a ship is subject to inspection by the 
CoastGuard or other authorized federal agency to determine if--
    (a) The ship has been operating in accordance with theseregulations 
and has not discharged plastics or other garbage inviolation of the 
provisions of the Act or Annex V of MARPOL 73/78;
    (b) Grinders or comminuters used for the discharge of garbagebetween 
3 and 12 nautical miles from nearest land are capable ofreducing the 
size of garbage so that it will pass through a screenwith openings no 
greater than 25 millimeters (one inch);
    (c) Information for recordkeeping requirements, when requiredunder 
Sec. 151.55, is properly and accurately logged;
    (d) A waste management plan, when required underSec. 151.57, is on 
board and that the condition of the ship,equipment and operational 
procedures of the ship meet the plan; and
    (e) Placards, when required by Sec. 151.59, are postedon board.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18583, May 2, 1990]



Sec. 151.63  Shipboard control of garbage.

    (a) The master, operator, or person who is in charge of a shipshall 
ensure that all garbage is discharged ashore or in accordancewith 
Sec. Sec. 151.66-151.73.
    (b) The following factors, among others, may be considered 
byenforcement personnel in evaluating compliance withSec. Sec. 151.51 
through 151.77:
    (1) Records, including receipts, of garbage discharges at 
portreception facilities.
    (2) Records under Sec. 151.55 or log entries of garbagedischarges.

[[Page 298]]

    (3) The presence and operability of equipment to treat ship-
generated garbage, including, but not limited to, incinerators,grinders, 
or comminuters.
    (4) The presence of and adherence to a written shipboard 
wastemanagement plan.
    (5) The absence of plastics in ship stores.
    (6) Ongoing educational programs to train shipboard personnel 
ofgarbage handling procedures and the need for these.
    (7) The presence of shipboard spaces used for collecting,processing, 
storing and discharging ship-generated garbage.
    (c) The master, operator, or person who is in charge of a shipshall 
ensure that if garbage is transported from a ship by shipboardpersonnel, 
it is properly deposited into a port or terminal'sreception facility.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18583, May 2, 1990; CGD 92-71, 59 FR18703, Apr. 19, 1994]



Sec. 151.65  Reporting requirements.

    The master or person who is in charge of each oceangoing shipshall 
notify the port or terminal, at least 24 hours before enteringthe port 
or terminal, of the name of the ship and the estimated volumeof garbage 
requiring disposal, if any of the following types ofgarbage are to be 
discharged:
    (a) Garbage regulated by the Animal and Plant Health 
InspectionService (APHIS) of the U.S. Department of Agriculture under 7 
CFR330.400 or 9 CFR 94.5.
    (b) Medical wastes.
    (c) Hazardous wastes defined in 40 CFR 261.3.



Sec. 151.66  Operating requirements: Discharge of garbage in the navigablewaters prohibited.

    No person on board any ship may discharge garbage into thenavigable 
waters of the United States.

    Note to Sec. 151.66: The navigable waters aredefined in Sec. 2.36 
of this chapter.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18583, May 2, 1990;USCG-2008-0179, 73 FR 35014, June 19, 2008]



Sec. 151.67  Operating requirements: Discharge of plastic prohibited.

    No person on board any ship may discharge into the sea, or intothe 
navigable waters of the United States, plastic or garbage mixedwith 
plastic, including, but not limited to, synthetic ropes,synthetic 
fishing nets, and plastic garbage bags. All garbagecontaining plastics 
requiring disposal must be discharged ashore orincinerated.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18583, May 2, 1990]



Sec. 151.69  Operating requirements: Discharge of garbage outside specialareas.

    (a) When operating outside of a special area specified inSec. 
151.53, no person may discharge, into the sea, garbagethat is separated 
from plastic, if the distance from nearest land isless than--
    (1) 25 nautical miles for dunnage, lining and packing materialsthat 
float; or
    (2) 12 nautical miles for victual wastes and all other 
garbageincluding paper products, rags, glass, metal, bottles, crockery 
andsimilar refuse, except that, such garbage may be discharged outside 
ofthree nautical miles from nearest land after it has been passedthrough 
a grinder or comminuter specified in Sec. 151.75.
    (b) Mixtures of garbage having different discharge requirementsunder 
paragraph (a)(1) or (a)(2) of this section must be--
    (1) Retained on board for later disposal ashore; or
    (2) Discharged in accordance with the more stringent 
requirementprescribed by paragraph (a)(1) or (a)(2) of this section.



Sec. 151.71  Operating requirements: Discharge of garbage within special areas.

    (a) When a ship is located in a special area referenced inSec. 
151.53 of this part, no person may discharge garbagefrom the ship, 
except as allowed in paragraph (b) or (c) in thissection.
    (b) Except as provided in paragraph (c) of this section, 
disposalinto the sea of victual waste must be made as far as

[[Page 299]]

practicablefrom land but, in any case, not less than 12 nautical miles 
from thenearest land.
    (c) Disposal into the Wider Caribbean region of victual wasteswhich 
have been passed through a comminuter or grinder shall be madeas far as 
practicable from land but, in any case, not less than 3nautical miles 
from the nearest land. Such comminuted or ground foodwastes shall be 
capable of passing through a screen with opening nogreater than 25 
millimeters.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.73  Operating requirements: Discharge of garbage from fixed orfloating platforms.

    (a) Except as allowed in paragraph (b) of this section, no personmay 
discharge garbage from--
    (1) A fixed or floating platform engaged in the 
exploration,exploitation or associated offshore processing of seabed 
mineralresources; or
    (2) Any ship within 500 meters (1650 feet) of such platforms.
    (b) Victual waste may be discharged into the sea from a ship orfixed 
or floating platform regulated by paragraph (a) of this sectionif--
    (1) It passes through a comminuter or grinder meetingSec. 151.75; 
and
    (2) That ship or fixed or floating platform is beyond 12 
nauticalmiles from nearest land.



Sec. 151.75  Grinders or comminuters.

    Each grinder or comminuter used to discharge garbage in 
accordancewith Sec. 151.69(a)(2) or Sec. 151.73(b)(1), mustbe capable 
of processing garbage so that it passes through a screenwith openings no 
greater than 25 millimeters (one inch).



Sec. 151.77  Exceptions for emergencies.

    Sections 151.67, 151.69 and 151.71 do not apply to the following:
    (a) Discharges of garbage from a ship for the purpose of securingthe 
safety of the ship and those on board or saving life at sea.
    (b) The escape of garbage resulting from damage to a ship or 
itsequipment, if all reasonable precautions have been taken before 
andafter the occurrence of the damage, to prevent or minimize the 
escape.
    (c) The accidental loss of synthetic fishing nets, provided 
allreasonable precautions have been taken to prevent such loss.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 88-002A, 55 FR 
18583, May 2, 1990; CGD 90-054, 56 FR19578, Apr. 29, 1991]



 Sec. Appendix Ato Sec. Sec. 151.51 through 151.77--Summary ofGarbage 
                         Discharge Restrictions

------------------------------------------------------------------------
                   AllVessels Except Fixed or Floating      Fixed or
                     Platforms and Associated Vessels       Floating
                  -------------------------------------     Platforms
   Garbage Type     Outside special    In specialareas   &Assoc. Vessels
                     areas (33 CFR       \2\ (33 CFR       \3\ (33 CFR
                        151.69)            151.71)           151.73)
------------------------------------------------------------------------
Plastics--include  Disposal           Disposalprohibit  Disposal
 s synthetic        prohibited         ed                prohibited
 ropes and         (33 CFR 151.67).   (33 CFR 151.67).  (33 CFR 151.67).
 fishing nets
 andplastic bags.
Dunnage, lining    Disposalprohibite  Disposal          Disposalprohibit
 and packing        d less than 25     prohibited        ed.
 materials that     miles from        (33 CFR 151.71).
 float.             nearest land and
                    in the
                    navigablewaters
                    of the U.S.
Paper, rags,       Disposal           Disposal          Disposal
 glass, metal       prohibited less    prohibited        prohibited.
 bottles,           than 12 miles     (33 CFR151.71).
 crockery and       from nearest
 similarrefuse.     land andin the
                    navigable waters
                    of the U.S.
Paper, rags,       Disposalprohibite  Disposal          Disposalprohibit
 glass, etc.        d less than 3      prohibited        ed.
 comminuted or      miles from        (33 CFR 151.71).
 ground.\1\         nearest land and
                    in the
                    navigablewaters
                    of the U.S.
Victual waste not  Disposal           Disposal          Disposal
 comminuted or      prohibited         prohibited less   prohibited.
 ground.            lessthan 12        than 12 miles
                    miles from         from
                    nearest land and   nearestland.
                    in the navigable
                    waters of
                    theU.S.

[[Page 300]]

 
Victual waste      Disposal           Disposal          Disposal
 comminuted or      prohibitedless     prohibited less   prohibited less
 ground.\1\         than 3 miles       than 12 miles     than 12 miles
                    from nearest       from              from nearest
                    land and in the    nearestland.      land and inthe
                    navigable waters                     navigable
                    of theU.S.                           waters of the
                                                         U.S.
Mixed garbage         See Note 4.        See Note 4.       SeeNote 4.
 types.\4\
------------------------------------------------------------------------
Note 1: Comminuted or ground garbage must be able to pass through
  ascreen with a mesh size no larger than 25 mm. (1 inch) (33 CFR
  151.75)
Note 2: Special areas under Annex V are the Mediterranean, Baltic,Black,
  Red, and North Seas areas and the Gulfs area. (33 CFR 151.53)
Note 3: Fixed or floating platforms and associated vessels includesall
  fixed or floating platforms engaged in exploration, exploitationor
  associated offshore processing of seabed mineral resources, and
  allships within 500m of such platforms.
Note 4: When garbage is mixed with other harmful substances
  havingdifferent disposal or discharge requirements, the more
  stringentdisposal restrictions shall apply.


[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended byCGD 90-054, 56 FR 
19578, Apr. 29, 1991]



Sec. 151.79  Operating requirements: Discharge of sewage within Antarctica.

    (a) A vessel certified to carry more than 10 persons must 
notdischarge untreated sewage into the sea within 12 nautical miles 
ofAntarctic land or ice shelves; beyond such distance, sewage stored ina 
holding tank must not be discharged instantaneously but at amoderate 
rate and, where practicable, while the ship is en route at aspeed of no 
less than 4 knots. For purposes of this section,``sewage'' means:
    (1) Drainage and other wastes from any form of toilets, urinals,and 
WC scuppers;
    (2) Drainage from medical premises (dispensary, sick bay, etc.)via 
wash basins, wash tubs, and scuppers located in such premises;
    (3) Drainage from spaces containing living animals; or
    (4) Other waste waters when mixed with the drainages definedabove.
    (b) Paragraph (a) of this section does not apply to a warship,naval 
auxiliary, or other ship owned or operated by the United Statesand used 
only in government non-commercial service.
    (c) Paragraph (a) of this section does not apply in cases of 
anemergency relating to the safety of a ship and those on board orsaving 
life at sea. Notice of an activity, otherwise prohibited underparagraph 
(a) of this section, undertaken in case of an emergencyshall be reported 
immediately to the National Response Center (NRC)toll free telephone 
number: 800-424-8802,direct telephone: 202-267-2675, or Fax:202-267-
1322.

[CGD 97-015, 62 FR 18045, Apr. 14, 1997, as amended byUSCG-2008-0179, 73 
FR 35014, June 19, 2008]



       Subpart B_Transportation of Municipal and Commercial Waste

    Authority: 33 U.S.C. 2602; 49 CFR 1.46.

    Source: CGD 89-014, 54 FR 22548, May 24, 1989,unless otherwise 
noted.



Sec. 151.1000  Purpose.

    The purpose of this subpart is to implement the permit provisionsof 
the Shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended byUSCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec. 151.1003  Applicability.

    (a) Except as provided by paragraph (b) of this section, thissubpart 
applies to each vessel whose purpose is the transportation ofmunicipal 
or commercial waste in coastal waters.
    (b) This subpart does not apply to public vessels.



Sec. 151.1006  Definitions.

    As used in this subpart--
    Coastal waters means--
    (1) The territorial sea of the United States;
    (2) The Great Lakes and their connecting waters;

[[Page 301]]

    (3) The marine and estuarine waters of the United States upto the 
head of tidal influence; and
    (4) The Exclusive Economic Zone as established by 
PresidentialProclamation Number 5030, dated March 10, 1983.
    Note: The Exclusive Economic Zone extends from the baselineof the 
territorial sea of the United States seaward 200 miles.
    Municipal and commercial waste means solid waste as definedin 
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)except-
    (1) Solid waste identified and listed under section 3001 of theSolid 
Waste Disposal Act (42 U.S.C. 6921);
    (2) Waste generated by a vessel during normal operations;
    (3) Debris solely from construction activities;
    (4) Sewage sludge subject to regulation under title I of theMarine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.1401 et 
seq.); and
    (5) Dredge or fill material subject to regulation under title I 
ofthe Marine Protection, Research and Sanctuaries Act of 1972 (33 
U.S.C.1401 et seq.), the Federal Water Pollution Control Act (33U.S.C. 
1251 et seq.), or the Rivers and Harbors AppropriationAct of 1899 (33 
U.S.C. 401 et seq.).
    Public vessel means a vessel that--
    (1) Is owned, or demise chartered, and operated by the UnitedStates 
Government or a government of a foreign country; and
    (2) Is not engaged in commercial service.
    Vessel means every description of watercraft or otherartifical 
contrivance used, or capable of being used, as a means oftransportation 
on water.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended byUSCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec. 151.1009  Transportation of municipal or commercial waste.

    A vessel may not transport municipal or commercial waste incoastal 
waters without--
    (a) A conditional permit to transport municpal or commercial 
wasteissued under this subpart; and
    (b) Displaying a number in accordance withSec. 151.1024.

[CGD 89-014, 54 FR 22548, May 24, 1989; CGD89-014, 54 FR 24078, June 5, 
1989]



Sec. 151.1012  Applying for a conditional permit.

    (a) The owner or operator of each vessel to which this 
subpartapplies shall apply by letter for a conditional permit required 
bySec. 151.1009. Applications must be submitted to Commandant(CG-5431), 
U.S. Coast Guard Headquarters, 2100 Second Street SW.,Washington, DC 
20593-0001, Attn: Shore Protection Act Desk andinclude the following:
    (1) The name, address, and telephone number of the vessel ownerand 
operator.
    (2) The vessel's name and official number, if any.
    (3) The vessel's area of operation.
    (4) The vessel's transport capacity.
    (5) A history of the types of cargo transported by the vesselduring 
the previous year, including identifying the type of municipalor 
commercial waste transported as--
    (i) Municipal waste;
    (ii) Commercial waste;
    (iii) Medical waste; or
    (iv) Waste of another character.
    (6) The types of cargo to be transported by the vessel during 
theeffective period of the conditional permit, including identifying 
thetype of municipal or commercial waste as it is identified 
inparagraphs (a)(5)(i) through (iv) of this section.
    (7) A statement of whether the application for a conditionalpermit 
is for a single voyage, a short term operation or a continuingoperation. 
If the application is for a single voyage or a short termoperation, the 
statement must include the duration of the voyage oroperation.
    (8) An acknowledgment that certifies as to the truthfulness 
andaccuracy of the information provided.
    (b) The owner or operator under paragraph (a) of this sectionshall 
provide any additional information the Coast Guard may require.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended byCGD 96-026, 61 FR 
33665, June 28, 1996;USCG-2008-0179, 73 FR 35014, June 19, 2008]

[[Page 302]]



Sec. 151.1015  Issuing or denying the issuance of a conditional permit.

    (a) After reviewing the application made underSec. 151.1012, the 
Coast Guard either--
    (1) Issues the conditional permit for a vessel under this section;or
    (2) Denies the issuance of the conditional permit to the vessel 
inaccordance with paragraph (c) of this section. On denying the 
issuanceof the permit, the Coast Guard notifies the applicant of the--
    (i) Denial and the reason for the denial; and
    (ii) Procedures under Sec. 151.1021 for appealing thedenial.
    (b) Each conditional permit issued under this section iseffective--
    (1) On the date it is issued; and
    (2) Until the expiration date stated on the conditional permitunless 
it is--
    (i) Withdrawn under Sec. 151.1018;
    (ii) Terminated because--
    (A) The vessel is sold; or
    (B) This subpart no longer applies to the vessel.
    (c) The Coast Guard may deny the issuance of a conditional 
permitif--
    (i) The application does not contain the information requiredunder 
Sec. 151.1012; or
    (ii) There is reason to believe that the information contained onthe 
application is not true and correct.



Sec. 151.1018  Withdrawal of a conditional permit.

    (a) The Coast Guard may withdraw a conditional permit if 
theAdministrator of the EPA requests withdrawal because the 
Administratorhas determined that the owner or operator of the vessel has 
a recordor a pattern of serious violations of--
    (1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601et 
seq.);
    (2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
    (3) The Marine Protection, Research, and Sanctuaries Act of 1972(33 
U.S.C. 1401 et seq.);
    (4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C.1401 
et seq.); or
    (5) The Federal Water Pollution Control Act (33 U.S.C. 1251 etseq.).
    (b) Upon reaching a determination to withdraw a conditionalpermit, 
the Coast Guard notifies the owner or operator of--
    (1) The withdrawal and the reason for the withdrawal;
    (2) The procedures for appealing the withdrawal.
    (c) After receiving the notice under paragraph (b) of thissection, 
the owner or operator shall ensure that--
    (1) The vessel immediately ceases transporting municipal 
orcommercial waste and the marking required by Sec. 151.1024is removed; 
and
    (2) The conditional permit is returned to the Coast Guard within 
5days after receiving the notice.



Sec. 151.1021  Appeals.

    (a) Any person directly affected by an action taken under 
thissubpart may request reconsideration by the Coast Guard 
officerresponsible for that action.
    (b) The person affected who is not satisfied with a ruling 
afterhaving it reconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the rulingto 
the Assistant Commandant for Marine Safety, Security, andStewardship 
(CG-5), U.S. Coast Guard Headquarters, 2100 SecondStreet, SW., 
Washington, DC 20593-0001; and
    (2) Supply supporting documentation and evidence that theappellant 
wishes to have considered.
    (c) After reviewing the appeal submitted under paragraph (b) ofthis 
section, the Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection issues a ruling which is final agency 
action.
    (d) If the delay in presenting a written appeal has an adverseimpact 
on the operations of the appellent, the appeal under paragraph(b) of 
this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the 
oralpresentation--
    (i) With the basis for the appeal and a summary of the 
materialpresented orally; and

[[Page 303]]

    (ii) To the same Coast Guard official who heard the 
oralpresentation.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended byCGD 96-026, 61 FR 
33665, June 28, 1996; CGD 97-023, 62FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332,June 18, 2002; USCG-2008-0179, 73 FR 35014, June 
19,2008]



Sec. 151.1024  Display of number.

    (a) The owner or operator of each vessel under this subpart 
mustensure that the vessel number stated on the conditional permit 
issuedunder Sec. 151.1015 is displayed so that it--
    (1) Is clearly legible;
    (2) Has a contrasting background;
    (3) Is readily visible from either side of the vessel; and
    (4) Is in block figures that are at least 18 inches in height.
    (b) No person may tamper with or falsify a number required underthis 
section.



 Subpart C_Ballast Water Management for Control ofNonindigenous Species 
                   in the Great Lakes and Hudson River

    Authority: 16 U.S.C. 4711; Department of HomelandSecurity Delegation 
No. 0170.1.

    Source: CGD 91-066, 58 FR 18334, Apr. 8, 1993,unless otherwise 
noted.



Sec. 151.1500  Purpose.

    The purpose of this subpart is to implement the provisions of 
theNonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16U.S.C. 4701 et seq.).



Sec. 151.1502  Applicability.

    This subpart applies to each vessel that carries ballast water 
andthat after operating on the waters beyond the Exclusive Economic 
Zoneduring any part of its voyage enters the Snell Lock at Massena, 
NewYork, or navigates north of the George Washington Bridge on the 
HudsonRiver, regardless of other port calls in the United States or 
Canadaduring that voyage.

[CGD 94-003, 59 FR 67634, Dec. 30, 1994]



Sec. 151.1504  Definitions.

    The following terms are defined as used in this subpart.
    Ballast water means any water and suspended matter taken onboard a 
vessel to control or maintain, trim, draught, stability, orstresses of 
the vessel, regardless of how it is carried.
    Ballast tank means any tank or hold on a vessel used forcarrying 
ballast water, whether or not the tank or hold was designedfor that 
purpose.
    Captain of the Port (COTP) means the Coast Guard officerdesignated 
as COTP of either the Buffalo, NY, Marine Inspection Zoneand Captain of 
the Port Zone or the New York, NY, Captain of the PortZone described in 
part 3 of this chapter or an official designated bythe COTP.
    Commandant means the Commandant of the Coast Guard or anauthorized 
representative.
    Exclusive Economic Zone (EEZ) means the area established 
byPresidential Proclamation Number 5030, dated March 10, 1983, (48 
FR10605, 3 CFR, 1983 Comp., p. 22), which extends from the base line 
ofthe territorial sea of the United States seaward 200 miles, and 
theequivalent zone of Canada.
    Environmentally sound method means methods, efforts,actions, or 
programs, either to prevent introductions or to controlinfestations of 
aquatic nuisance species, that minimize adverseimpacts to the structure 
and function of an ecosystem, minimizeadverse effects on non-target 
organisms and ecosystems, and thatemphasize integrated pest management 
techniques and non-chemicalmeasures.
    Great Lakes means Lake Ontario, Lake Erie, Lake Huron(including Lake 
Saint Clair), Lake Michigan, Lake Superior, and theconnecting channels 
(Saint Mary's River, Saint Clair River, DetroitRiver, Niagara River, and 
Saint Lawrence River to the Canadianborder), and includes all other 
bodies of water within the drainagebasin of such lakes and connecting 
channels.
    Port means a terminal or group of terminals or any place orfacility 
that has been designated as a port by the COTP.
    Sediments means any matter settled out of ballast waterwithin a 
vessel.

[[Page 304]]

    Voyage means any transit by a vessel destined for theGreat Lakes or 
the Hudson River, north of the George WashingtonBridge, from a port or 
place outside of the EEZ, includingintermediate stops at a port or place 
within the EEZ.

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended byCGD 94-003, 59 FR 
67634, Dec. 30, 1994;USCG-1998-3423, 64 FR 26682, May 17, 1999]



Sec. 151.1506  Restriction of operation.

    No vessel subject to the requirements of this subpart may beoperated 
in the Great Lakes or the Hudson River, north of the GeorgeWashington 
Bridge, unless the master of the vessel has certified, inaccordance with 
Sec. 151.1516, that the requirements of thissubpart have been met.

[CGD 94-003, 59 FR 67634, Dec. 30, 1994]



Sec. 151.1508  Revocation of clearance.

    A COTP may request the District Director of Customs to withhold 
orrevoke the clearance required by 46 U.S.C. app. 91 for a vesselsubject 
to this subpart, the owner or operator of which is not incompliance with 
the requirements of this subpart.



Sec. 151.1510  Ballast water management.

    (a) The master of each vessel subject to this subpart shall 
employone of the following ballast water management practices:
    (1) Carry out an exchange of ballast water on the waters beyondthe 
EEZ, from an area more than 200 nautical miles from any shore, andin 
waters more than 2,000 meters (6,560 feet, 1,093 fathoms) deep,prior to 
entry into the Snell Lock, at Massena, New York, or prior tonavigating 
on the Hudson River, north of the George Washington Bridge,such that, at 
the conclusion of the exchange, any tank from whichballast water will be 
discharged contains water with a minimumsalinity level of 30 parts per 
thousand.
    (2) Retain the vessel's ballast water on board the vessel. If 
thismethod of ballast water management is employed, the COTP may seal 
anytank or hold containing ballast water on board the vessel for 
theduration of the voyage within the waters of the Great Lakes or 
theHudson River, north of the George Washington Bridge.
    (3) Use an alternative environmentally sound method of ballastwater 
management that has been submitted to, and approved by, theCommandant 
prior to the vessel's voyage. Requests for approval ofalternative 
ballast water management methods must be submitted to theCommandant (G-
M), U.S. Coast Guard Headquarters, 2100 Second StreetSW., Washington, DC 
20593-0001.
    (b) No master of a vessel subject to this subpart shall 
separatelydischarge sediment from tanks or holds containing ballast 
water unlessit is disposed of ashore in accordance with local 
requirements.
    (c) Nothing in this subpart authorizes the discharge of oil 
ornoxious liquid substances (NLSs) in a manner prohibited by 
UnitedStates or international laws or regulations. Ballast water carried 
inany tank containing a residue of oil, NLSs, or any other pollutantmust 
be discharged in accordance with the applicable regulations.Nothing in 
this subpart affects or supersedes any requirement orprohibitions 
pertaining to the discharge of ballast water into thewaters of the 
United States under the Federal Water Pollution ControlAct (33 U.S.C. 
1251 et seq.).

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended byCGD 94-003, 59 FR 
67634, Dec. 30, 1994;USCG-1998-3423, 66 FR 58390, Nov. 21, 2001]



Sec. 151.1512  Vessel safety.

    Nothing in this subpart relieves the master of the responsibilityfor 
ensuring the safety and stability of the vessel or the safety ofthe crew 
and passengers, or any other responsibility.



Sec. 151.1514  Ballast water management alternatives under extraordinaryconditions.

    The master of any vessel subject to this subpart who, due toweather, 
equipment failure, or other extraordinary conditions, isunable to effect 
a ballast water exchange before entering the EEZ,must employ another 
method of ballast water management listed inSec. 151.1510, or request 
from the COTP permission toexchange the vessel's ballast water within an 
area agreed to

[[Page 305]]

bythe COTP at the time of the request and must discharge the 
vessel'sballast water within that designated area.



Sec. 151.1516  Compliance monitoring.

    (a) The master of each vessel equipped with ballast tanks 
shallprovide, as detailed in Sec. 151.2040, the followinginformation, 
in written form, to the COTP:
    (1) The vessel's name, port of registry, and official number orcall 
sign.
    (2) The name of the vessel's owner(s).
    (3) Whether ballast water is being carried.
    (4) The original location and salinity, if known, of ballast 
watertaken on, before an exchange.
    (5) The location, date, and time of any ballast water exchange.
    (6) The salinity of any ballast water to be discharged into 
theterritorial waters of the United States.
    (7) The intended discharge port for ballast water and location 
fordisposal of sediment carried upon entry into the territorial waters 
ofthe United States, if ballast water or sediment are to be discharged.
    (8) The signature of the master attesting to the accuracy of 
theinformation provided and certifying compliance with the 
requirementsof this subpart.
    (b) The COTP may take samples of ballast water to assess 
thecompliance with, and the effectiveness of, this subpart.

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended byUSCG-1998-3423, 66 
FR 58391, Nov. 21, 2001;USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.1518  Penalties for failure to conduct ballast water management.

    (a) A person who violates this subpart is liable for a civilpenalty 
in an amount not to exceed $27,500. Each day of a continuingviolation 
constitutes a separate violation. A vessel operated inviolation of the 
regulations is liable in rem for any civil penaltyassessed under this 
subpart for that violation.
    (b) A person who knowingly violates the regulations of thissubpart 
is guilty of a class C felony.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



 Subpart D_Ballast Water Management for Control ofNonindigenous Species 
                     in Waters of the United States

    Authority: 16 U.S.C. 4711; Department of HomelandSecurity Delegation 
No. 0170.1.

    Source: USCG-1998-3423, 64 FR 26682, May17, 1999, unless otherwise 
noted.



Sec. 151.2000  What is the purpose of this subpart?

    This subpart implements the provisions of the NonindigenousAquatic 
Nuisance Prevention and Control Act of 1990 (NANPCA) (16U.S.C. 4701-
4751), as amended by the National Invasive SpeciesAct of 1996 (NISA).



Sec. 151.2005  To which vessels does this subpart apply?

    Unless exempted in Sec. 151.2010 orSec. 151.2015, this subpart 
applies to all vessels, U.S. andforeign, equipped with ballast tanks, 
that operate in the waters ofthe United States and are bound for ports 
or places in the UnitedStates.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2007  What are the penalties for violations of the mandatory provisionsof this subpart?

    (a) A person who violates this subpart is liable for a civilpenalty 
not to exceed $ 27,500. Each day of a continuing violationconstitutes a 
separate violation. A vessel operated in violation ofthe regulations is 
liable in rem for any civil penalty assessed underthis subpart for that 
violation.
    (b) A person who knowingly violates the regulations of thissubpart 
is guilty of a class C felony.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2010  Which vessels are exempt from the mandatory requirements?

    (a) Two types of vessels are exempt from the requirements 
inSec. Sec. 151.2035, 151.2040, and 151.2045:
    (1) A crude oil tanker engaged in the coastwise trade.
    (2) A Department of Defense or Coast Guard vessel subject to 
therequirements of section 1103 of the Act, or any vessel of the 
ArmedForces, as defined in the Federal Water Pollution Control

[[Page 306]]

Act (33U.S.C. 1322(a)) that is subject to the ``Uniform 
NationalDischarge Standards for Vessels of the Armed Forces'' (33 
U.S.C.1322(n)).
    (b) One type of vessel is exempt from the requirements inSec. Sec. 
151.2040 and 151.2045:
    (1) A vessel that operates exclusively within one Captain of thePort 
(COTP) Zone.
    (2) [Reserved]

[USCG-2007-28201, 72 FR 27739, May 17, 1007]



Sec. 151.2015  Is a vessel in innocent passage exempt from the mandatoryrequirements?

    A foreign vessel merely traversing the territorial sea of the 
U.S.(i.e., not entering or departing a U.S. port, or not navigatingthe 
internal waters of the U.S.) is exempt from the requirements ofthis 
subpart.

[USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2025  What definitions apply to this subpart?

    (a) Unless otherwise stated in this section, the definitions in 
33CFR 151.1504, 33 CFR 160.203, and the United Nations Convention on 
theLaw of the Sea apply to this part.
    (b) As used in this part--
    ANSTF means the Aquatic Nuisance Species Task Force mandatedunder 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of1990 
(NANPCA).
    Ballast tank means any tank or hold on a vessel used forcarrying 
ballast water, whether or not the tank or hold was designedfor that 
purpose.
    Captain of the Port (COTP) means the Coast Guard officerdesignated 
as the COTP, or a person designated by that officer, forthe COTP zone 
covering the U.S. port of destination. These COTP zonesare listed in 33 
CFR part 3.
    Exchange means to replace the water in a ballast tank usingone of 
the following methods:
    (1) Flow through exchange means to flush out ballast waterby pumping 
in mid-ocean water at the bottom of the tank andcontinuously overflowing 
the tank from the top until three fullvolumes of water has been 
changed--to minimize the number oforiginal organisms remaining in the 
tank.
    (2) Empty/refill exchange means to pump out the ballastwater taken 
on in ports, estuarine, or territorial waters until thetank is empty, 
then refilling it with mid-ocean water;masters/operators should pump out 
as close to 100 percent of theballast water as is safe to do so.
    Exclusive Economic Zone (EEZ) means the area established 
byPresidential Proclamation Number 5030, dated March 10, 1983 (48 
FR10605, 3 CFR, 1983 Comp., p. 22) which extends from the base line 
ofthe territorial sea of the United States seaward 200 miles, and 
theequivalent zone of Canada.
    IMO guidelines mean the Guidelines for the Control andManagement of 
Ships' Ballast Water to Minimize the Transfer of HarmfulAquatic 
Organisms and Pathogens (IMO Resolution A.868 (20), adoptedNovember 
1997).
    NANPCA means the Nonindigenous Aquatic Nuisance Preventionand 
Control Act of 1990.
    NBIC means the National Ballast Water InformationClearinghouse 
operated by the Coast Guard and the SmithsonianEnvironmental Research 
Center as mandated under NISA.
    NISA means the National Invasive Species Act of 1996, 
whichreauthorized and amended NANPCA.
    Port or place of departure means any port or place in whicha vessel 
is anchored or moored.
    Port or place of destination means any port or place towhich a 
vessel is bound to anchor or moor.
    United States means the States, the District of Columbia,the 
Commonwealth of Puerto Rico, Guam, American Samoa, the VirginIslands, 
and the Trust Territory of the Pacific Islands.
    Voyage means any transit by a vessel destined for any UnitedStates 
port or place.
    Waters of the United States means waters subject to thejurisdiction 
of the United States as defined in 33 CFRSec. 2.38, including the 
navigable waters of the UnitedStates. For this regulation, the navigable 
waters include theterritorial sea as extended to 12 nautical miles from 
the baseline,pursuant to

[[Page 307]]

Presidential Proclamation No. 5928 of December 27,1988.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, asamended by USCG-2003-
15404, 68 FR 37741, June 25, 2003;USCG-2002-13147, 69 FR 32869, June 14, 
2004;USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2030  Who is responsible for determining when to use the safetyexemption?

    (a) The master, operator, or person-in-charge of a vessel 
isresponsible for the safety of the vessel, its crew, and itspassengers.
    (b) The master, operator, or person-in-charge of a vessel is 
notrequired to conduct a ballast water management practice 
(includingexchange), if the master decides that the practice would 
threaten thesafety of the vessel, its crew, or its passengers because of 
adverseweather, vessel design limitations, equipment failure, or any 
otherextraordinary conditions. If the master uses this section, andthe--
    (1) Vessel is on a voyage to the Great Lakes or Hudson River, 
thevessel must comply with the requirements of Sec. 151.1514 ofsubpart 
C of this part (Ballast water management alternatives underextraordinary 
conditions); or
    (2) Vessel is on a voyage to any port other than the Great Lakesor 
Hudson River, the vessel shall not be required to perform a ballastwater 
management practice which the master has found to threaten thesafety of 
the vessel, its crew, or its passengers because of adverseweather, 
vessel design limitations, equipment failure, or any otherextraordinary 
conditions.
    (c) Nothing in this subpart relieves the master, operator, orperson-
in-charge of a vessel, of the responsibility for ensuring thesafety and 
stability of the vessel or the safety of the crew andpassengers, or any 
other responsibility.



Sec. 151.2035  What are the required ballast water management practices for myvessel?

    (a) Masters, owners, operators, or persons-in-charge of allvessels 
equipped with ballast water tanks that operate in the watersof the U.S. 
must:
    (1) Avoid the discharge or uptake of ballast water in areas withinor 
that may directly affect marine sanctuaries, marine preserves,marine 
parks, or coral reefs.
    (2) Minimize or avoid uptake of ballast water in the followingareas 
and situations:
    (i) Areas known to have infestations or populations of 
harmfulorganisms and pathogens (e.g., toxic algal blooms).
    (ii) Areas near sewage outfalls.
    (iii) Areas near dredging operations.
    (iv) Areas where tidal flushing is known to be poor or times whena 
tidal stream is known to be more turbid.
    (v) In darkness when bottom-dwelling organisms may rise up in 
thewater column.
    (vi) Where propellers may stir up the sediment.
    (vii) Areas with pods of whales, convergence zones, and boundariesof 
major currents.
    (3) Clean the ballast tanks regularly to remove sediments. Cleanthe 
tanks in mid-ocean or under controlled arrangements in port, or atdry 
dock. Dispose of your sediments in accordance with local, State,and 
Federal regulations.
    (4) Discharge only the minimal amount of ballast water essentialfor 
vessel operations while in the waters of the United States.
    (5) Rinse anchors and anchor chains when you retrieve the anchorto 
remove organisms and sediments at their place of origin.
    (6) Remove fouling organisms from hull, piping, and tanks on 
aregular basis and dispose of any removed substances in accordance 
withlocal, State and Federal regulations.
    (7) Maintain a ballast water management plan that has beendeveloped 
specifically for the vessel that will allow thoseresponsible for the 
plan's implementation to understand and follow thevessel's ballast water 
management strategy.
    (8) Train the master, operator, person-in-charge, and crew, on 
theapplication of ballast water and sediment management and 
treatmentprocedures.
    (b) In addition to the provisions of paragraph (a) of thissection, 
if the vessel carries ballast water that was taken on inareas less than 
200 nautical miles from any shore into the waters of

[[Page 308]]

the U.S. after operating beyond the Exclusive Economic Zone, you(the 
master, operator, or person-in-charge of a vessel) must employ atleast 
one of the following ballast water management practices:
    (1) Perform complete ballast water exchange in an area no lessthan 
200 nautical miles from any shore prior to discharging ballastwater in 
U.S. waters;
    (2) Retain ballast water onboard the vessel; or
    (3) Prior to the vessel entering U.S. waters, use an 
alternativeenvironmentally sound method of ballast water management that 
has beenapproved by the Coast Guard.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, asamended at 66 FR 58391, 
Nov. 21, 2001; USCG-2003-14273,69 FR 44961, July 28, 2004; USCG-2002-
14273, 69 FR60309, Oct. 8, 2004]



Sec. 151.2036  If my voyage does not take me into waters 200 nautical miles orgreater from any shore, must I divert to conduct a ballast waterexchange?

    A vessel will not be required to deviate from its voyage, or 
delaythe voyage, in order to conduct a ballast water exchange.

[USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2037  If my vessel cannot conduct ballast water management practicesbecause of its voyage and/or safety concerns, will I be prohibitedfrom discharging 
          ballast water?

    (a) A vessel that cannot practicably meet the requirements ofSec. 
151.2035(b)(1) because its voyage does not take it intowaters 200 
nautical miles or greater from any shore for a sufficientlength of time 
and elects to retain ballast water on board, or becauseof the safety 
concerns contained in Sec. 151.2030, will notbe prohibited from the 
discharge of ballast water in areas other thanthe Great Lakes and the 
Hudson River. However, the vessel mustdischarge only that amount of 
ballast water operationally necessary toensure the safety of the vessels 
for cargo operations and make ballastwater records available to the 
local Captain of the Port upon request.
    (b) A vessel that cannot practicably meet the requirements ofSec. 
151.2035(b)(3) because its alternative environmentallysound ballast 
water management method is inoperable must employ one ofthe other 
ballast water management practices stated inSec. 151.2035(b). If the 
vessel cannot employ other ballastwater management practices due to 
voyage or safety concerns, thevessel will not be prohibited from the 
discharge of ballast water inareas other than the Great Lakes and the 
Hudson River. However, thevessel must discharge only that amount of 
ballast water operationallynecessary to ensure the safety of the vessels 
for cargo operations andmake ballast water records available to the 
local Captain of the Portupon request.

[USCG-2003-14273, 69 FR 44961, July 28, 2004]



Sec. 151.2040  What are the mandatory ballast water management requirements forvessels equipped with ballast tanks that operate in the waters of theUnited 
          States and are bound for ports or places in the United States?

    (a) A vessel bound for the Great Lakes or Hudson River, which 
hasoperated beyond the EEZ (which includes the equivalent zone of 
Canada)during any part of its voyage regardless of intermediate ports of 
callwithin the waters of the United States or Canada, must comply 
withSec. Sec. 151.2041 and 151.2045 of this subpart, as wellas with the 
provisions of subpart C of this part.
    (b) A vessel engaged in the foreign export of Alaskan North 
SlopeCrude Oil must comply with Sec. Sec. 151.2041 and 151.2045of this 
subpart, as well as with the provisions of 15 CFR 754.2(j)(1)(iii). 
Section 15 CFR 754.2(j)(1)(iii) requires a mandatory program ofdeep 
water ballast exchange unless doing so would endanger the safetyof the 
vessel or crew.
    (c) A vessel not covered by paragraphs (a) or (b) of this sectionand 
is bound for ports or places in the United States must comply 
withSec. Sec. 151.2041 and 151.2045 of this subpart.
    (d) This subpart does not authorize the discharge of oil ornoxious 
liquid substances (NLS) in a manner prohibited by UnitedStates or 
international laws or regulations. Ballast water carried inany tank 
containing a residue of oil, NLS, or any other pollutant

[[Page 309]]

must be discharged in accordance with applicable regulations.
    (e) This subpart does not affect or supercede any requirement 
orprohibition pertaining to the discharge of ballast water into 
thewaters of the United States under the Federal Water Pollution 
ControlAct (33 U.S.C. 1251 to 1376).

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2041  What are the mandatory ballast water reporting requirements forall vessels equipped with ballast tanks bound for ports or places ofthe United 
          States?

    (a) Ballast water reporting requirements exist for each vesselbound 
for ports or places of the United States regardless of whether avessel 
operated outside of the EEZ (which includes the equivalent zoneof 
Canada), unless exempted in Sec. Sec. 151.2010 or151.2015.
    (b) The master, owner, operator, agent, or person-in-charge of 
avessel to whom this section applies must provide the 
informationrequired by Sec. 151.2045 in electronic or written form 
(OMBform Control No. 1625-0069) to the Commandant, U.S. Coast Guardor 
the appropriate COTP as follows:
    (1) For any vessel bound for the Great Lakes from outside the 
EEZ(which includes the equivalent zone of Canada).
    (i) You must fax the required information at least 24 hours 
beforethe vessel arrives in Montreal, Quebec to either the USCG 
COTPBuffalo, Massena Detachment (315-769-5032), or the St.Lawrence 
Seaway Development Corporation (315-764-3250);or
    (ii) If you are not a U.S. or Canadian Flag vessel, you maycomplete 
the ballast water information section of the St. LawrenceSeaway required 
``Pre-entry Information from Foreign FlaggedVessels Form'' and submit it 
in accordance with the applicableSeaway Notice in lieu of this 
requirement.
    (2) For any vessel bound for the Hudson River north of the 
GeorgeWashington Bridge entering from outside the EEZ (which includes 
theequivalent zone of Canada). You must fax the information to the 
COTPNew York (718-354-4249) at least 24 hours before thevessel enters 
New York, New York.
    (3) For any vessel not addressed in paragraphs (b)(1) and (b)(2)of 
this section, which is equipped with ballast water tanks and boundfor 
ports or places in the United States. If your voyage is less than24 
hours, you must report before departing your port or place ofdeparture. 
If your voyage exceeds 24 hours, you must report at least24 hours before 
arrival at your port or place of destination. Allrequired information is 
to be sent to the National Ballast InformationClearinghouse (NBIC) using 
only one of the following means:
    (i) Internet at: http://invasions.si.edu/NBIC/bwform.html;
    (ii) E-mail to [email protected];
    (iii) Fax to 301-261-4319; or
    (iv) Mail to U.S. Coast Guard, c/o SERC (Smithsonian 
EnvironmentalResearch Center), P.O. Box 28, Edgewater, MD 21037-0028.
    (c) If the information submitted in accordance with this 
sectionchanges, you must submit an amended form before the vessel 
departs thewaters of the United States.

[USCG-2002-13147, 69 FR 32870, June 14, 2004; 69FR 40767, July 7, 2004]



Sec. 151.2043  Equivalent Reporting Methods for vessels other than those enteringthe Great Lakes or Hudson River after operating outside the EEZ orCanadian 
          equivalent.

    (a) For ships required to report under Sec. 151.2041 theChief, 
Environmental Standards Division (CG-5224), acting for theAssistant 
Commandant for Marine Safety, Security, and Stewardship(CG-5) may, upon 
receipt of a written request, consider andapprove alternative methods of 
reporting if:
    (1) Such methods are at least as effective as that required bySec. 
151.2041; and
    (2) Compliance with the requirement is economically or 
physicallyimpractical.
    (i) The Chief, Environmental Standards Division (CG-5224) willtake 
approval or disapproval action on the request submitted inaccordance 
with paragraph (a) of this section within 30 days ofreceipt of the 
request.

[[Page 310]]

    (ii) [Reserved]

[USCG-1998-3423, 66 FR 58391, Nov. 21, 2001, asamended by USCG-2002-
12471, 67 FR 41332, June 18, 2002.Redesignated and amended by USCG-2002-
13147, 69 FR32870, June 14, 2004; USCG-2008-0179, 73 FR 35014, June19, 
2008]



Sec. 151.2045  What are the mandatory recordkeeping requirements for vesselsequipped with ballast tanks that are bound for a port or place in theUnited States?

    (a) The master, owner, operator, or person in charge of a 
vesselbound for a port or place in the United States, unless 
specificallyexempted by Sec. Sec. 151.2010 or 151.2015 must 
keepwritten, records that include the following information (Note: 
Ballasttank is any tank or hold that carries ballast water regardless 
ofdesign):
    (1) Vessel information. Include the--
    (i) Name;
    (ii) International Maritime Organization (IMO) Number 
(officialnumber if IMO number not issued);
    (iii) Vessel type;
    (iv) Owner or operator;
    (v) Gross tonnage;
    (vi) Call sign; and
    (vii) Port of Registry (Flag).
    (2) Voyage information. Include the date and port ofarrival, vessel 
agent, last port and country of call, and next portand country of call.
    (3) Total ballast water information. Include the totalballast water 
capacity, total volume of ballast water on board, totalnumber of ballast 
water tanks, and total number of ballast water tanksin ballast. Use 
units of measurements such as metric tons (MT), cubicmeters (m3), long 
tons (LT), and short tons (ST).
    (4) Ballast Water Management. Include the total number ofballast 
tanks/holds that are to be discharged into the waters of theUnited 
States or to a reception facility. If an alternative ballastwater 
management method is used, please note the number of tanks thatwere 
managed using an alternative method, as well as the type ofmethod used. 
Indicate whether the vessel has a ballast watermanagement plan and IMO 
guidelines on board, and whether the ballastwater management plan is 
used.
    (5) Information on ballast water tanks that are to bedischarged into 
the waters of the United States or to a receptionfacility. Include the 
following:
    (i) The origin of ballast water. This includes date(s),location(s), 
volume(s) and temperature(s) (If a tank has beenexchanged, list the 
loading port of the ballast water that wasdischarged during the 
exchange.).
    (ii) The date(s), location(s), volume(s), method, 
thoroughness(percentage exchanged if exchange conducted), sea height at 
time ofexchange if exchange conducted, of any ballast water exchanged 
orotherwise managed.
    (iii) The expected date, location, volume, and salinity of 
anyballast water to be discharged into the waters of the United States 
ora reception facility.
    (6) Discharge of sediment. If sediment is to be dischargedwithin the 
jurisdiction of the United States include the location ofthe facility 
where the disposal will take place.
    (7) Certification of accurate information. Include themaster, owner, 
operator, person in charge, or responsible officer'sprinted name, title, 
and signature attesting to the accuracy of theinformation provided and 
certifying compliance with the requirementsof this subpart.
    (8) Change to previously submitted information. Indicatewhether the 
information is a change to information previouslysubmitted for this 
voyage.
    (9) The master, owner, operator, or person in charge of a 
vesselsubject to this section, must retain a signed copy of this 
informationon board the vessel for 2 years.
    (10) The information required of this subpart may be used tosatisfy 
the ballast water recordkeeping requirements for vesselssubject to Sec. 
151.2040(a) and (b).
    (11) A sample form and the instructions for completing the formare 
in the appendix to this subpart. If you complete the``Ballast Water 
Reporting Form'' contained in the IMOGuidelines or complete the ballast 
water information section of theSt. Lawrence Seaway required ``Pre-entry 
Information FlaggedVessels Form,'' then you have met the requirements of 
thissection.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, asamended at 66 FR 58391, 
Nov. 21, 2001; USCG-2002-13147,69 FR 32870, June 14, 2004]

[[Page 311]]



Sec. 151.2050  What methods are used to monitor compliance with this subpart?

    (a) The COTP may take samples of ballast water and sediment,examine 
documents, and make other appropriate inquiries to assess thecompliance 
of any vessel subject to this subpart.
    (b) The master, owner, operator, or person in charge of a 
vesselsubject to this section, shall make available to the COTP the 
recordsrequired by Sec. 151.2045 upon request.
    (c) The NBIC will compile the data obtained from submittedreports. 
This data will be used, in conjunction with existingdatabases on the 
number of vessel arrivals, to assess vessel reportingrates.



Sec. 151.2055  Where are the alternate exchange zoneslocated? [Reserved]



Sec. 151.2060  What must each application for approvalof an alternative compliance technology contain? [Reserved]



Sec. 151.2065  What is the standard of adequatecompliance determined by the ANSTF for this subpart? [Reserved]

[[Page 312]]



Sec. Appendix to Subpart D of Part151--Ballast Water Reporting Form and 

              Instructions for BallastWater Reporting Form

[GRAPHIC] [TIFF OMITTED] TR17MY99.001

[[Page 313]]

[GRAPHIC] [TIFF OMITTED] TR17MY99.002

[[Page 314]]


[GRAPHIC] [TIFF OMITTED] TR17MY99.003

    Where to send this form.

[[Page 315]]



------------------------------------------------------------------------
 Vessels equipped with ballast watertanks bound for all ports or places
  within the waters of the UnitedStates after operating outside the EEZ
             (which includes the equivalentzone of Canada).
-------------------------------------------------------------------------
                                         You must submit your report
             Bound for                        asdetailed below.
------------------------------------------------------------------------
The Great Lakes...................  Fax the information at least 24
                                     hours before thevessel arrives in
                                     Montreal, Quebec, to the USCG COTP
                                     Buffalo, MassenaDetachment (315-769-
                                     5032) or to the Saint
                                     LawrenceSeaway Development
                                     Corporation (315-764-3250).
                                    In lieu of faxing, vessels that are
                                     not U.S. or Canadianflagged may
                                     complete the ballast water
                                     information section of the
                                     St.Lawrence Seaway ``Pre-entry
                                     Information from Foreign
                                     FlaggedVessel Form''.
Hudson River north of the George    Fax theinformation to the COTP New
 Washington Bridge.                  York at (718-354-4249) atleast 24
                                     hours before the vessel arrives at
                                     New York, New York.
                                    *Note: Vessels entering COTP New
                                     York Zone which are not boundup the
                                     Hudson River north of George
                                     Washington Bridge should submitthe
                                     form in accordance with the
                                     instructions in the following
                                     block.
All other U.S. Ports..............  Report before departing the port or
                                     place ofdeparture if voyage is less
                                     than 24 hours, or at least 24 hours
                                     beforearrival at the port or place
                                     of destination if the voyage
                                     exceeds 24hours; and submit the
                                     required information to the
                                     National BallastInformation
                                     Clearinghouse (NBIC) by one of the
                                     following means:
                                    Via the Internet at http://
                                     invasions.si.edu/NBIC/bwform.html;E-
                                     mail to [email protected]; Fax
                                     to301-261-4319; or Mail the
                                     information to U.S. CoastGuard, c/o
                                     SERC. P.O. Box 28, Edgewater, MD
                                     21037-0028.
------------------------------------------------------------------------


------------------------------------------------------------------------
 Vessels that have not operated outsidethe EEZ, which are equipped with
   ballast water tanks and are bound forall ports or places within the
                      waters of the United States.
-------------------------------------------------------------------------
                                       You must submit your report as
             Boundfor                          detailed below:
------------------------------------------------------------------------
All U.S. ports including the Great  Report before departing the port or
 Lakes and Hudson River North        place ofdeparture if voyage is less
 ofGeorge Washington Bridge.         than 24 hours, or at least 24 hours
                                     beforearrival at the port or place
                                     of destination if the voyage
                                     exceeds 24hours; and submit the
                                     required information to the
                                     National BallastInformation
                                     Clearinghouse (NBIC) by one of the
                                     following means:
                                    Via the Internet at http://
                                     invasions.si.edu/NBIC/bwform.html;E-
                                     mail to [email protected]; Fax
                                     to301-261-4319; or Mail to U.S.
                                     Coast Guard, c/o SERC,P.O. Box 28,
                                     Edgewater, MD 21037-0028.
------------------------------------------------------------------------

    If any information changes, send an amended form before the 
vesseldeparts the waters of the United States.
    An agency may not conduct or sponsor, and a person is not requiredto 
respond to a collection of information unless it displays a validOMB 
control number. The Coast Guard estimates that the average burdenfor 
this report is 35 minutes. You may submit any comments concerningthe 
accuracy of this burden estimate or any suggestions for reducingthe 
burden to: Commandant (CG-524), U.S. Coast Guard, 2100 Second St.SW, 
Washington, DC 20593-0001, or Office of Management andBudget, Paperwork 
Reduction Project (1625-0069), Washington, DC20503.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, asamended at 66 FR 58391, 
Nov. 21, 2001; USCG-2002-13147,69 FR 32870, June 14, 2004; USCG-2005-
21531, 70 FR36349, June 23, 2005; USCG-2008-0179, 73 FR 35014, June19, 
2008]



PART 153_CONTROL OF POLLUTION BY OIL ANDHAZARDOUS SUBSTANCES, DISCHARGE REMOVAL--Table of Contents




                            Subpart A_General

Sec.
153.101 Purpose.
153.103 Definitions.
153.105 FWPCA delegations and redelegation.
153.107 [Reserved]
153.109 CERCLA delegations.

    Subpart B_Notice of the Discharge of Oil or a HazardousSubstance

153.201 Purpose.
153.203 Procedure for the notice of discharge.
153.205 Fines.

                   Subpart C_Removal of Discharged Oil

153.301 Purpose.
153.303 Applicability.
153.305 Methods and procedures for the removal of dischargedoil.
153.307 Penalties.

[[Page 316]]

             Subpart D_Administration of the Pollution Fund

153.401 Purpose.
153.403 Applicability.
153.405 Liability to the pollution fund.
153.407 Payments or reimbursement from the pollution fund.
153.411 Procedures for payment of judgments.
153.413 Deposit of money into the fund.
153.415 Cost summary reports.
153.417 Reimbursement for actions under section 311(c) or311(d) of the 
          Act of the Intervention on the High Seas Act.

    Authority: 14 U.S.C. 633; 33 U.S.C. 1321, 1903, 1908; 42U.S.C. 9615; 
46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193;E.O. 12777, 3 CFR, 
1991 Comp., p. 351; Department of Homeland SecurityDelegation No. 
0170.1.

    Source: CGD 73-185, 41 FR 12630, Mar. 25, 1976,unless otherwise 
noted.



                            Subpart A_General



Sec. 153.101  Purpose.

    The purpose of this part is to prescribe regulations 
concerningnotification to the Coast Guard of the discharge of oil or 
hazardoussubstances as required by the Federal Water Pollution Control 
Act, asamended (FWPCA); the procedures for the removal of a discharge of 
oil;and the costs that may be imposed or reimbursed for the removal of 
adischarge of oil or hazardous substances under the FWPCA.

[CGD 84-067, 51 FR 17965, May 16, 1986]



Sec. 153.103  Definitions.

    As used in this part:
    (a) Act means the Federal Water Pollution Control Act, asamended (33 
U.S.C. 1251 et seq.).
    (b) CERCLA means the Comprehensive Environmental 
Response,Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
etseq.).
    (c) Chemical agents means those elements, compounds, ormixtures that 
coagulate, disperse, dissolve, emulsify, foam,neutralize, precipitate, 
reduce, solubilize, oxidize, concentrate,congeal, entrap, fix, make the 
pollutant mass more rigid or viscous,or otherwise facilitate the 
mitigation of deleterious effects orremoval of the pollutant from the 
water. The term ``chemicalagents'' as used in this part includes 
dispersants, surfacecollecting agents, biological additives, burning 
agents, and sinkingagents as defined in Subpart H of the National 
Contingency Plan.
    (d) Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection means the Coast Guard Officer designatedby 
the Commandant to assist and advise the Commandant on mattersrelated to 
marine environmental response, port and environmentalsafety, and 
waterways management.
    (e) Coastal waters means all U.S. waters subject to thetide, U.S. 
waters of the Great Lakes, specified ports and harbors onthe inland 
rivers, waters of the contiguous zone, or other waters ofthe high seas 
subject to discharges in connection with activitiesunder the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 etseq.) or the Deepwater 
Port Act of 1974 (33 U.S.C. 1501 etseq.), or which may affect natural 
resources belonging to,appertaining to, or under the exclusive 
management authority of theUnited States (including resources under the 
Magnuson FisheryConservation and Management Act (16 U.S.C. 1801 et 
seq.)). Thesewaters include those contained within the Exclusive 
Economic Zonedeclared by Presidential Proclamation 5030 on March 10, 
1983 (43 FR10605).
    Note: Coastal waters are those waters where the Coast Guardhas the 
responsibility for providing On-Scene Coordinators under theNational 
Contingency Plan. Specific dividing lines between coastal andinland 
waters, and the identification of specified ports and harborson inland 
rivers, are contained in Regional Contingency Plans preparedpursuant to 
the National Contingency Plan.
    (f) Contiguous zone means the entire zone established by theUnited 
States under Article 24 of the Convention on the TerritorialSea and the 
Contiguous Zone, as published in the June 1, 1972 issue ofthe Federal 
Register (37 FR 11906).
    (g) Discharge includes, but is not limited to, any spilling,leaking, 
pumping, pouring, emitting, emptying, or dumping, butexcludes (A) 
discharges in compliance with a permit under Section 402of the Act, (B) 
discharges resulting from circumstances identified andreviewed and made 
part of the public record with respect to a permit

[[Page 317]]

issued or modified under Section 402 of the Act, and subject to 
acondition in such permit, and (C) continuous or anticipatedintermittent 
discharges from a point source, identified in a permit orpermit 
application under section 402 of the Act, which are caused byevents 
occurring within the scope of relevant operating or treatmentsystems.
    (h) Hazardous substance means any substance designated bythe 
Administrator of the Environmental Protection Agency pursuant tosection 
311(b)(2) of the Act.
    (i) Inland waters means all other waters of the U.S. notincluded in 
the definition of coastal waters.
    Note: Inland waters are those waters where the 
EnvironmentalProtection Agency has the responsibility for providing On-
SceneCoordinators under the National Contingency Plan. Specific 
dividinglines between coastal and inland waters are contained in 
RegionalContingency Plans prepared pursuant to the National Contingency 
Plan.
    (j) Mechanical removal means the use of pumps, skimmers,booms, 
earthmoving equipment, and other mechanical devices to containthe 
discharge of oil and to recover the discharge from the water oradjoining 
shorelines.
    (k) Navigable waters means the waters of the United Statesas defined 
in paragraph 2.36(b) of this Chapter.
    (l) Offshore facility means any facility of any kind locatedin, on, 
or under, any of the navigable waters of the United States,and any 
facility of any kind which is subject to the jurisdiction ofthe United 
States and is located in, on, or under any other waters,other than a 
vessel or a public vessel.
    (m) Oil means oil of any kind or in any form, including butnot 
limited to petroleum, fuel oil, sludge, oil refuse, and oil mixedwith 
wastes other than dredged spoil.
    (n) On-Scene Coordinator or OSC is the Federalofficial predesignated 
by the Environmental Protection Agency (EPA) orCoast Guard to coordinate 
and direct Federal removal efforts at thescene of an oil or hazardous 
substance discharge as prescribed in theNational Oil and Hazardous 
Substances Pollution Contingency Plan(National Contingency Plan) as 
published in 40 CFR Part 300.
    (o) Onshore facility means any facility (including, but notlimited 
to, motor vehicles and rolling stock) of any kind located in,on, or 
under, any land within the United States other than submergedland.
    (p) Person includes an individual, firm, corporation,association, 
and a partnership.
    (q) Pollution Fund and Fund means the revolving fundestablished in 
the Treasury under the authority in section 311(k) ofthe Act to carry 
out the provisions of section 311 (c), (d), (i), and(l) of the Act.
    (r) Public vessel means a vessel owned or bare-boatchartered and 
operated by the United States, or by a State orpolitical subdivision 
thereof, or by a foreign nation, except whensuch vessel is engaged in 
commerce.
    (s) Remove or Removal refers to removal of oil orhazardous 
substances from the waters and shorelines or the taking ofsuch other 
actions as may be necessary to minimize or mitigate damageto the public 
health or welfare, including, but not limited to, fish,shellfish, 
wildlife, and public and private property, shorelines, andbeaches.
    (t) Sorbent means materials essentially inert and insolubleused to 
remove oil from water through a variety of sorptionmechanisms. Examples 
include straw, expanded perlite, polyurethanefoam, reclaimed paper 
fibers, and peat moss.
    (u) Such quantities as may be harmful means those quantitiesof oil 
and any hazardous substances determined in accordance with theprovisions 
of section 311(b)(4) of the Act.
    Note: Regulations that relate to such quantities as may beharmful of 
oil are published in 40 CFR Part 110. Regulations thatrelate to such 
quantities as may be harmful (reportable quantities) ofhazardous 
substances are published in 40 CFR Part 117 and also listedin 40 CFR 
Part 302.
    (v) United States means the States, the District ofColumbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, theVirgin Islands, 
and the Trust Territory of the Pacific Islands.
    (w) Vessel means every description of watercraft or otherartificial 
contrivance used, or capable of being used, as

[[Page 318]]

a meansof transportation on water other than a public vessel.

[CGD 84-067, 51 FR 17965, May 16, 1986, as amended byCGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR33665, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997;USCG-2002-12471, 67 FR 41333, June 18, 
2002;USCG-2008-0179, 73 35014, June 19, 2008]



Sec. 153.105  FWPCA delegations and redelegation.

    The delegations and redelegations under the Federal WaterPollution 
Control Act (FWPCA) [33 U.S.C. 1321 et seq.] arepublished in Sec. 1.01-
80 andSec. 1.01-85, respectively, of this chapter.

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



Sec. 153.107  [Reserved]



Sec. 153.109  CERCLA delegations.

    The delegations under the Comprehensive Environmental 
Response,Compensation, and Liability Act of 1980 (CERCLA) are published 
inSec. 1.01-70 of this chapter.

[CGD 83-009, 49 FR 575, Jan. 5, 1984]



    Subpart B_Notice of the Discharge of Oil or a HazardousSubstance



Sec. 153.201  Purpose.

    The purpose of this subpart is to prescribe the manner in whichthe 
notice required in section 311(b)(5) of the Act is to be given andto 
list the government officials to receive that notice.



Sec. 153.203  Procedure for the notice of discharge.

    Any person in charge of a vessel or of an onshore or 
offshorefacility shall, as soon as they have knowledge of any discharge 
of oilor a hazardous substance from such vessel or facility in violation 
ofsection 311(b)(3) of the Act, immediately notify the National 
ResponseCenter (NRC), U.S. Coast Guard, Room 2111, 2100 Second Street, 
SW.,Washington, DC 20593-0001, toll free telephone number:800-424-8802, 
direct telephone:202-267-2675, or Fax: 202-267-1322.If direct reporting 
to the NRC is not practicable, reports may be madeto the Coast Guard or 
EPA predesignated OSC for the geographic areawhere the discharge occurs. 
All such reports shall be promptly relayedto the NRC. If it is not 
possible to notify the NRC or thepredesignated OSC immediately, reports 
may be made immediately to thenearest Coast Guard unit, provided that 
the person in charge of thevessel or onshore or offshore facility 
notifies the NRC as soon aspossible. A report made under this section 
satisfies the reportingrequirements of Sec. 151.15 of this chapter and 
of 46 CFR4.05-1, if required under that provision.
    Note: Geographical jurisdiction of Coast Guard and EPA OSC'sare 
specified in the applicable Regional Contingency Plan. 
RegionalContingency Plans are available at Coast Guard District Offices 
andEPA Regional Offices as indicated in Table 2. Addresses and 
telephonenumbers for these offices are listed in Table 1.

[CGD 84-067, 51 FR 17966, May 16, 1986, as amended byCGD 88-052, 53 FR 
25121, July 1, 1988;USCG-2000-6927, 70 FR 74675, Dec. 16, 2005;USCG-
2006-25150, 71 FR 39209, July 12, 2006;USCG-2008-0179, 73 FR 35014, June 
19, 2008]



Sec. 153.205  Fines.

    Section 311(b)(5) of the Act prescribes that any person who failsto 
notify the appropriate agency of the United States Governmentimmediately 
of a discharge is, upon conviction, fined in accordancewith Title 18, 
U.S. Code, or imprisoned for not more than 5 years, orboth.

 Table 1--Addresses and TelephoneNumbers of Coast Guard District Offices
                        and EPA Regional Offices
------------------------------------------------------------------------
                                       Address             Telephone
------------------------------------------------------------------------
                          EPA Regional Offices
------------------------------------------------------------------------
Region:
    1.........................  1 Congress St., Suite       617-918-1111
                                 1100, Boston,
                                 MA02114-2023.
    2.........................  290 Broadway, New           212-637-3000
                                 York, NY10007-1866.
    3.........................  1650 Arch St.,              215-814-5000
                                 Philadelphia,
                                 PA19103-2029.
    4.........................  Atlanta Federal             404-562-9900
                                 Center, 61 Forsyth
                                 St., SW, Atlanta,
                                 GA30303-3104.
    5.........................  77 West Jackson             312-353-2000
                                 Boulevard, Chicago,
                                 IL60604-3507.

[[Page 319]]

 
    6.........................  Fountain Place 12th         214-665-2200
                                 Floor, Suite 1200,
                                 1445 Ross
                                 Avenue,Dallas, TX
                                 75202-2733.
    7.........................  901 North 5th St.,          913-551-7003
                                 Kansas City, KS66101.
    8.........................  999 18th St., Suite         303-312-6312
                                 500, Denver, CO80202-
                                 2466.
    9.........................  75 Hawthorne St., San       415-744-1305
                                 Francisco, CA94105.
    10........................  1200 Sixth Avenue,          206-553-1200
                                 Seattle, WA98101.
------------------------------------------------------------------------
                      Coast Guard District Offices
------------------------------------------------------------------------
District:
    1st.......................  408 Atlantic Avenue,        617-223-8480
                                 Boston, MA02210-3350.
    5th.......................  Federal Building, 431       757-398-6638
                                 Crawford St.,
                                 Portsmouth, VA23704-
                                 5004.
    7th.......................  909 S.E. First              305-536-5651
                                 Avenue, Miami,
                                 FL33131-3050.
    8th.......................  Hale Boggs Federal          504-589-6901
                                 Bldg., 500 Camp
                                 Street, New Orleans,
                                 LA70130-3396.
    9th.......................  1240 E. 9th St.,            216-902-6045
                                 Cleveland, OH44199-
                                 2060.
    11th......................  Coast Guard Island,         510-437-2940
                                 Building 50-6,
                                 Alameda, CA94501-
                                 5100.
    13th......................  Jackson Federal             206-220-7090
                                 Bldg., 915 Second
                                 Avenue, Seattle,
                                 WA98174-1067.
    14th......................  Prince PJKK Federal         808-541-2114
                                 Bldg., Room 9212,
                                 300 Ala Moana
                                 Blvd.,Honolulu, HI
                                 96850-4982.
    17th......................  P.O. Box 25517,             907-463-2199
                                 Juneau, AK99802-5517.
------------------------------------------------------------------------


   Table 2--Standard AdministrativeRegions of States and Corresponding
                  Coast Guard Districts and EPARegions
------------------------------------------------------------------------
            States and EPA region                 Coast Guard district
------------------------------------------------------------------------
Region I:
    Maine....................................  1st
    New Hampshire............................  1st
    Vermont:
        All except Northwestern portion......  1st
        Northwestern portion.................  1st
    Massachusetts............................  1st
    Connecticut..............................  1st
    Rhode Island.............................  1st
Region II:
    New York:
        Coastal area and Eastern portion.....  1st
        Great Lakes area and other portions..  9th
    New Jersey:
        Upper portion........................  1st
        Lower portion........................  5th
    Puerto Rico..............................  7th
    Virgin Islands...........................  7th
Region III:
    Pennsylvania:
        Eastern portion......................  5th
        Great Lakes area.....................  9th
        Southwestern portion.................  8th
    Maryland.................................  5th
    Delaware.................................  5th
    West Virginia............................  8th
    Virginia.................................  5th
    District of Columbia.....................  5th
Region IV:
    Kentucky.................................  8th
    Tennessee................................  8th
    North Carolina...........................  5th
    South Carolina...........................  7th
    Georgia..................................  7th
    Florida:
        Atlantic and Gulf coasts.............  7th
        Panhandle area.......................  8th
    Alabama                                    8th
    Mississippi                                8th
Region V:
    Minnesota:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Wisconsin:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Michigan.................................  9th
    Illinois:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Indiana:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
    Ohio:
        Great Lakes area.....................  9th
        Inland rivers area...................  8th
Region VI:
    New Mexico...............................  8th
    Texas....................................  8th
    Oklahoma.................................  8th
    Arkansas.................................  8th
    Louisiana................................  8th
Region VII:
    Nebraska.................................  8th
    Iowa.....................................  8th
    Kansas...................................  8th
    Missouri.................................  8th
Region VIII:
    Montana..................................  13th
    Wyoming..................................  8th
    Utah.....................................  11th
    Colorado.................................  8th
    North Dakota.............................  8th
    South Dakota.............................  8th
Region IX:
    California...............................  11th

[[Page 320]]

 
    Nevada...................................  11th
    Arizona..................................  11th
    Hawaii...................................  14th
    Guam.....................................  14th
    American Samoa...........................  14th
    Trust Territory of the Pacific Islands...  14th
    Northern Mariana Islands.................  14th
Region X:
    Washington...............................  13th
    Oregon...................................  13th
    Idaho....................................  13th
    Alaska...................................  17th
------------------------------------------------------------------------


[CGD 84-067, 51 FR 17967, May 16, 1986, as amended byCGD 88-052, 53 FR 
25121, July 1, 1988; CGD 97-023, 62 FR33364, June 19, 1997; USCG-1998-
3799, 63 FR 35530, June30, 1998; USCG-2000-7223, 65 FR 40057, June 29, 
2000]



                   Subpart C_Removal of Discharged Oil



Sec. 153.301  Purpose.

    The purpose of this subpart is to prescribe methods and proceduresto 
be used to remove discharges of oil from coastal waters.



Sec. 153.303  Applicability.

    The provisions of this subpart apply to any owner or operator of 
avessel or onshore or offshore facility from which a discharge of 
oilinto coastal waters occurs who acts to remove or arranges for 
theremoval of such discharges.



Sec. 153.305  Methods and procedures for the removal of discharged oil.

    Each person who removes or arranges for the removal of a dischargeof 
oil from coastal waters shall:
    (a) Use to the maximum extent possible mechanical methods 
andsorbents that:
    (1) Most effectively expedite removal of the discharged oil; and
    (2) Minimize secondary pollution from the removal operations;
    Note: The Federal OSC is authorized by the provisions of theNational 
Contingency Plan to require or deny the use of specificmechanical 
methods and sorbents. Sorbent selection considerations ofthe OSC include 
hydrographic and meteorological conditions,characteristics of the 
sorbent, and availability of a mechanicalmethod for containment and 
recovery.
    (b) Control the source of discharge, prevent further discharges,and 
halt or slow the spread of the discharge by mechanical methods 
orsorbents or both to the maximum extent possible;
    (c) Recover the discharged oil from the water or adjoiningshorelines 
by mechanical or manual methods or both to the maximumextent possible;
    (d) Use chemical agents only in accordance with the provisions 
ofSubpart H of the National Contingency Plan and with the prior 
approvalof the Federal OSC; and
    (e) Dispose of recovered oil and oil contaminated materials 
inaccordance with applicable State and local government procedures.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended byCGD 84-067, 51 FR 
17966, May 16, 1986]



Sec. 153.307  Penalties.

    Any person who fails or refuses to comply with the provisions ofthis 
part, or to comply with an order issued by the Federal On-
SceneCoordinator under 33 U.S.C. Sec. Sec. 1321(c) or (e)(1)(B), is 
liable for a civil penalty per day of violation or an amountequal to 
three times the costs incurred by the Oil Spill LiabilityTrust Fund as a 
result of such failure.

[USCG-1998-3799, 63 FR 35531, June 30, 1998]



             Subpart D_Administration of the Pollution Fund



Sec. 153.401  Purpose.

    This subpart prescribes policies, procedures, and 
reportingrequirements for the payment from and deposit into the 
Fundestablished pursuant to section 311(k) of the Act.



Sec. 153.403  Applicability.

    The provisions of this subpart apply to:
    (a) Each Federal and State agency that desires reimbursement fromthe 
Fund for costs incurred during a removal activity; and
    (b) The owner or operator of the vessel or onshore or 
offshorefacility from which a discharge occurs that requires Federal 
removalactivity.

[[Page 321]]



Sec. 153.405  Liability to the pollution fund.

    The owner or operator of the vessel or onshore or offshorefacility 
from which a discharge occurs that requires Federal removalactivity is 
liable to the pollution fund for the actual costs ofFederal and State 
agencies, including the employment and use ofpersonnel and equipment, 
not to exceed the limits established bysections 311(f) and (g) of the 
Act.



Sec. 153.407  Payments or reimbursements from the pollution fund.

    (a) The following costs incurred during performance of a Phase 
IIIactivity as defined in Subpart E of the National Contingency Plan, 
ora removal action as defined in Subpart F of the National 
ContingencyPlan, are reimbursable to Federal and State agencies when 
authorizedby the appropriate OSC under the authority of section 311(c) 
of theAct, and are reimbursable to Federal agencies when authorized by 
theappropriate Coast Guard or EPA official in the case of the 
summaryremoval or destruction of a vessel, other ``intervention''(as 
defined in Sec. 153.105(e) of this Part), or any otheraction under the 
authority of section 311(d) of the Act or theIntervention on the High 
Seas Act (33 U.S.C. 1471 et seq.):
    (1) Costs found to be reasonable by the Coast Guard incurred 
bygovernment industrial type facilities, including charges for 
overheadin accordance with the agency's industrial accounting system.
    (2) Actual costs for which an agency is required or authorized byany 
law to obtain full reimbursement.
    (3) Costs found to be reasonable by the Coast Guard incurred as 
aresult of removal activity that are not ordinarily funded by anagency's 
regular appropriations and that are not incurred duringnormal 
operations. These costs include, but are not limited to, thefollowing:
    (i) Travel (transportation and per diem) specifically requested 
ofthe agency by the On-Scene Coordinator.
    (ii) Overtime for civilian personnel specifically requested of 
theagency by the On-Scene Coordinator.
    (iii) Incremental operating costs for vessels, aircraft, 
vehicles,and equipment incurred in connection with the removal activity.
    (iv) Supplies, materials, and equipment procured for the 
specificremoval activity and fully expended during the removal activity.
    (v) Lease or rental of equipment for the specific removalactivity.
    (vi) Contract costs for the specific removal activity.
    (4) Claims payable under Part 25, Subpart H of this title.
    (b) The District Commander may authorize the direct payment of 
thecosts found to be reasonable under paragraph (a)(3) of this 
section.Direct payment may only be made to Federal or State agencies, or 
toFederal contractors or suppliers. Direct payments to State or 
localagency contractors or suppliers will not be authorized.
    (c) The Pollution Fund is not available to pay any foreign,Federal, 
State or local government or agency for the payment orreimbursement of 
its costs incurred in the removal of oil or hazardoussubstances 
discharged from a vessel or facility that it owns oroperates.
    Note: Federal procurement procedures governing contracts topurchase 
property and services apply to costs incurred as a result ofremoval 
activity. Where the public exigency will not permit the delayincident to 
advertising, purchases and contracts are negotiatedpursuant to 10 U.S.C. 
2304(a)(2) or 41 U.S.C. 252(c)(2), asapplicable.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended byCGD 84-067, 51 FR 
17967, May 16, 1986]



Sec. 153.411  Procedures for payment of judgments.

    An owner or operator of a vessel or an onshore or offshorefacility 
who obtains a judgment against the United States undersection 311(i) of 
the Act may have the judgment satisfied byrequesting payment of the 
judgment in writing from the Commandant (G-L), 2100 Second Street SW., 
Washington, D.C. 20593. This request mustbe accompanied by a copy of the 
judgment and must designate to whompayment should be made.



Sec. 153.413  Deposit of money into the fund.

    Any person liable for the payment of the following shall 
remitpayment by

[[Page 322]]

check or postal money order, payable to the U.S. CoastGuard, to the 
cognizant District Commander, or to the Commandant fordeposit into the 
Pollution Fund as prescribed in section 311(k) of theAct:
    (a) A fine or penalty imposed, assessed, or compromised undersection 
311 of the Act, including the proceeds of a bond or othersurety obtained 
pursuant to section 311(b)(6).
    (b) A claim asserted by the cognizant District Commander for 
costsrecoverable under sections 311 (f) and (g) of the Act.
    (c) A judgment obtained by the United States for costs 
recoverableunder sections 311 (f) and (g) of the Act.



Sec. 153.415  Cost summary reports.

    As soon as practicable after completion of an action authorizedunder 
section 311 (c) or (d) of the Act or the Intervention on theHigh Seas 
Act, the OSC submits a cost summary report to the cognizantDistrict 
Commander that includes:
    (a) Names of agencies and contractors authorized to participate 
inthe action;
    (b) A general description of the function performed by 
eachparticipating agency and contractor;
    (c) An estimate of the cost of each function performed by 
eachparticipating agency and contractor; and
    (d) A copy of contracts, memoranda, or other documents pertainingto 
the functions performed by the participating agencies andcontractors.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended byCGD 84-067, 51 FR 
17967, May 16, 1986]



Sec. 153.417  Reimbursement for actions under section 311(c) or 311(d) of theAct of the Intervention on the High Seas Act.

    (a) Each Federal or State agency requesting reimbursement for 
anaction authorized under section 311(c) or 311(d) of the Act or 
underthe Intervention on the High Seas Act must, within 60 days 
aftercompletion of the action, submit to the cognizant District 
Commander,through the OSC for review and certification required in 
paragraph (b)of this section, lists accompanied by supporting accounting 
data,itemizing actual costs incurred.
    (b) Requests for reimbursement submitted by Federal and 
Stateagencies are reviewed by the OSC to ensure that the costs for 
whichreimbursement is being sought were authorized as Phase III 
removalactions for oil discharges, or removal actions as defined in 
Subpart Ffor hazardous substance discharges, and must have one of the 
followingcertifications by the OSC, as appropriate:
    (1) I certify that the actions for which reimbursement is 
beingrequested in the attached statements were authorized by me as 
[(PhaseIII oil removal actions) or (hazardous substance removal 
actions)],and reasonable costs related thereto are proper for payment 
from thePollution Fund.

________________________________________________________________________
(OSC signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)

    (2) I certify that, except as noted below, the actions for 
whichreimbursement is being requested in the attached statements 
wereauthorized by me as [(Phase III oil removal actions) or 
(hazardoussubstance removal actions)], and reasonable costs related 
thereto areproper for payment from the Pollution Fund. The following 
actions werenot authorized by me and are not subject to reimbursement 
from thePollution Fund:

________________________________________________________________________
(OSC Signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)

[CGD 84-067, 51 FR 17967, May 16, 1986]



PART 154_FACILITIES TRANSFERRING OIL ORHAZARDOUS MATERIAL IN BULK--Table of Contents




                            Subpart A_General

Sec.
154.100 Applicability.
154.105 Definitions.
154.106 Incorporation by reference.
154.107 Alternatives.
154.108 Exemptions.

[[Page 323]]

154.110 Letter of intent.
154.120 Facility examinations.

                       Subpart B_Operations Manual

154.300 Operations manual: General.
154.310 Operations manual: Contents.
154.320 Operations manual: Amendment.
154.325 Operations manual: Procedures for examination.

                    Subpart C_Equipment Requirements

154.500 Hose assemblies.
154.510 Loading arms.
154.520 Closure devices.
154.525 Monitoring devices.
154.530 Small discharge containment.
154.540 Discharge removal.
154.545 Discharge containment equipment.
154.550 Emergency shutdown.
154.560 Communications.
154.570 Lighting.

                      Subpart D_Facility Operations

154.700 General.
154.710 Persons in charge: Designation and qualification.
154.730 Persons in charge: Evidence of designation.
154.735 Safety requirements.
154.740 Records.
154.750 Compliance with operations manual.

                     Subpart E_Vapor Control Systems

154.800 Applicability.
154.802 Definitions.
154.804 Review, certification, and initial inspection.
154.806 Application for acceptance as a certifying entity.
154.808 Vapor control system, general.
154.810 Vapor line connections.
154.812 Facility requirements for vessel liquid overfillprotection.
154.814 Facility requirements for vessel vapor overpressureand vacuum 
          protection.
154.820 Fire, explosion, and detonation protection.
154.822 Detonation arresters, flame arresters, and flamescreens.
154.824 Inerting, enriching, and diluting systems.
154.826 Vapor compressors and blowers.
154.828 Vapor recovery and vapor destruction units.
154.840 Personnel training.
154.850 Operational requirements.

               Subpart F_Response Plans for Oil Facilities

154.1010 Purpose.
154.1015 Applicability.
154.1016 Facility classification by COTP.
154.1017 Response plan submission requirements.
154.1020 Definitions.
154.1025 Operating restrictions and interim operatingauthorization.
154.1026 Qualified individual and alternate qualifiedindividual.
154.1028 Methods of ensuring the availability of responseresources by 
          contract or other approved means.
154.1029 Worst case discharge.
154.1030 General response plan contents.
154.1035 Specific requirements for facilities that couldreasonably be 
          expected to cause significant and substantial harm tothe 
          environment.
154.1040 Specific requirements for facilities that couldreasonably be 
          expected to cause substantial harm to the environment.
154.1041 Specific response information to be maintained onmobile MTR 
          facilities.
154.1045 Response plan development and evaluation criteriafor facilities 
          that handle, store, or transport Group I through GroupIV 
          petroleum oils.
154.1047 Response plan development and evaluation criteriafor facilities 
          that handle, store, or transport Group V petroleumoils.
154.1050 Training.
154.1055 Exercises.
154.1057 Inspection and maintenance of response resources.
154.1060 Submission and approval procedures.
154.1065 Plan review and revision procedures.
154.1070 Deficiencies.
154.1075 Appeal process.

   Subpart G_Additional Response Plan Requirements for aTrans-Alaska 
 Pipeline Authorization Act (TAPAA) Facility Operating inPrince William 
                              Sound, Alaska

154.1110 Purpose and applicability.
154.1115 Definitions.
154.1120 Operating restrictions and interim operatingauthorization.
154.1125 Additional response plan requirements.
154.1130 Requirements for prepositioned response equipment.
154.1135 Response plan development and evaluation criteria.
154.1140 TAPAA facility contracting with a vessel.

  Subpart H_Response Plans for Animal Fats and Vegetable OilsFacilities

154.1210 Purpose and applicability.
154.1216 Facility classification.
154.1220 Response plan submission requirements.

[[Page 324]]

154.1225 Specific response plan development andevaluation criteria and 
          other requirements for fixed facilities thathandle, store, or 
          transport animal fats or vegetable oils.
154.1228 Methods of ensuring the availability of responseresources by 
          contract or other approved means.
154.1240 Specific requirements for animal fats and vegetableoils 
          facilities that could reasonably be expected to cause 
          substantialharm to the environment.

     Subpart I_Response Plans for Other Non-Petroleum OilFacilities

154.1310 Purpose and applicability.
154.1320 Response plan submission requirements.
154.1325 Response plan development and evaluation criteriafor facilities 
          that handle, store, or transport other non-petroleumoils.

Appendix A to Part 154--Guidelines for DetonationFlame Arresters
Appendix B to Part 154--Standard Specification for TankVent Flame 
          Arresters
Appendix C to Part 154--Guidelines for Determining andEvaluating 
          Required Response Resources for Facility Response Plans
Appendix D to Part 154--Training Elements for Oil SpillResponse Plans

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and 
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department ofHomeland Security 
Delegation No. 0170.1. Subpart F is also issuedunder 33 U.S.C. 2735.



                            Subpart A_General



Sec. 154.100  Applicability.

    (a) This part applies to each facility that is capable 
oftransferring oil or hazardous materials, in bulk, to or from a 
vessel,where the vessel has a total capacity, from a combination of all 
bulkproducts carried, of 39.75 cubic meters (250 barrels) or more. 
Thispart does not apply to the facility when it is in a caretaker 
status.This part does not apply to any offshore facility operating under 
thejurisdiction of the Secretary of the Department of Interior.
    (b) Upon written notice to the facility operator, the COTP mayapply, 
as necessary for the safety of the facility, its personnel, orthe 
public, all or portions of Sec. 154.735 to each facilitythat is capable 
of transferring oil or hazardous material, in bulk,only to or from a 
vessel with a capacity of less than 250 barrels. Ifthe facility is in 
caretaker status, the COTP may not apply theprovisions of Sec. 154.735 
to the facility if its storagetanks and piping are gas free.
    (c) Upon a determination by the COTP under Sec. 154.1016that an MTR 
facility, as defined in subpart F, could reasonably beexpected to cause 
substantial harm to the environment by dischargingoil into or on the 
navigable waters, adjoining shorelines, orexclusive economic zone, 
subpart F of this part is applicable to thefacility.
    (d) The following sections of this part apply to mobilefacilities:
    (1) Section 154.105 Definitions.
    (2) Section 154.107 Alternatives.
    (3) Section 154.108 Exemptions.
    (4) Section 154.110 Letter of Intent.
    (5) Section 154.120 Facility examinations.
    (6) Section 154.300 Operations Manual: General.
    (7) Section 154.310 Operations Manual: Contents. Paragraphs (a)(2), 
(a)(3), (a)(5) through (a)(7), (a)(9), (a)(12), (a)(14), 
(a)(16),(a)(17)(ii) through (a)(17)(iv), (a)(18), (a)(20) through (23), 
(c)and (d).
    (8) Section 154.320 Operations Manual: Amendment.
    (9) Section 154.325 Operations Manual: Procedures for examination.
    (10) Section 154.500 Hose assemblies. Paragraphs (a), (b), 
(c),(d)(1) through (3) and (e)(1) through (3).
    (11) Section 154.520 Closure devices.
    (12) Section 154.530 Small discharge containment. Paragraphs (a)(1) 
through (3) and (d).
    (13) Section 154.545 Discharge containment equipment.
    (14) Section 154.550 Emergency shutdown.
    (15) Section 154.560 Communications.
    (16) Section 154.570 Lighting. Paragraphs (c) and (d).
    (17) Section 154.700 General.
    (18) Section 154.710 Persons in charge: Designation 
andqualification. Paragraphs (a) through (c), (d)(1) through (3), 
(d)(7)and (e).
    (19) Section 154.730 Persons in charge: Evidence of designation.
    (20) Section 154.735 Safety requirements. Paragraphs (d), (f),(g), 
(j)(1) through (2), (k)(1) through (2), (m), (o)

[[Page 325]]

through(q), (r)(1) through (3), (s) and (v).
    (21) Section 154.740 Records. Paragraphs (a) through (f) and (j).
    (22) Section 154.750 Compliance with Operations Manual.

[CGD 86-034, 55 FR 36252, Sept. 4, 1990, as amended byCGD 91-036, 58 FR 
7352, Feb. 5, 1993; CGD 93-056, 61 FR41457, Aug. 8, 1996]



Sec. 154.105  Definitions.

    As used in this part:
    Barrel means a quantity of liquid equal to 42 U.S. gallons.
    Boundary Line means any of the lines described in 46 CFRpart 7.
    Captain of the Port (COTP) means the U.S. Coast Guardofficer 
commanding a Captain of the Port Zone described in Part 3 ofthis 
chapter, or that person's authorized representative.
    Caretaker Status denotes a facility where all piping, hoses,loading 
arms, storage tanks, and related equipment in the marinetransfer area 
are completely free of oil or hazardous materials, wherethese components 
have been certified as being gas free, where piping,hoses, and loading 
arms terminating near any body of water have beenblanked, and where the 
facility operator has notified the COTP thatthe facility will be in 
caretaker status.
    Commandant means the Commandant of the Coast Guard or anauthorized 
representative.
    Contiguous Zone means the entire zone established by theUnited 
States under Article 24 of the Convention on the TerritorialSea and the 
Contiguous Zone, but not extending beyond 12 miles fromthe baseline from 
which the breadth of the territorial sea ismeasured.
    District Commander means the officer of the Coast Guarddesignated by 
the Commandant to command a Coast Guard District, asdescribed in Part 3 
of this chapter or an authorized representative.
    Facility means either an onshore or offshore facility,except for an 
offshore facility operating under the jurisdiction ofthe Secretary of 
the Department of Interior, and includes, but is notlimited to, 
structure, equipment, and appurtenances thereto, used orcapable of being 
used to transfer oil or hazardous materials to orfrom a vessel or public 
vessel. Also included are facilities that tankclean or strip and any 
floating structure that is used to support anintegral part of the 
facility's operation. A facility includesfederal, state, municipal, and 
private facilities.
    Facility operator means the person who owns, operates, or 
isresponsible for the operation of the facility.
    Hazardous material means a liquid material or substance,other than 
oil or liquefied gases, listed under 46 CFR 153.40 (a),(b), (c), or (e).
    Marine transfer area means that part of a waterfrontfacility 
handling oil or hazardous materials in bulk between thevessel, or where 
the vessel moors, and the first manifold or shutoffvalve on the pipeline 
encountered after the pipeline enters thesecondary containment required 
under 40 CFR 112.7 or 49 CFR 195.264inland of the terminal manifold or 
loading arm, or, in the absence ofsecondary containment, to the valve or 
manifold adjacent to the bulkstorage tank, including the entire pier or 
wharf to which a vesseltransferring oil or hazardous materials is 
moored.
    MARPOL 73/78 means the International Convention for thePrevention of 
Pollution from Ships, 1973 (done at London, November 2,1973) as modified 
by the Protocol of 1978 relating to theInternational Convention for the 
Prevention of Pollution from Ships,1973 (done at London, February 17, 
1978).
    Mobile facility means any facility that can readily changelocation, 
such as a tank truck or tank car, other than a vessel orpublic vessel.
    Monitoring device means any fixed or portable sensing deviceused to 
monitor for a discharge of oil or hazardous material onto thewater, 
within or around a facility, and designed to notify operatingpersonnel 
of a discharge of oil or hazardous material.
    Officer in Charge, Marine Inspection (OCMI) means the U.S.Coast 
Guard officer commanding a Marine Inspection Zone described inPart 3 of 
this chapter, or an authorized representative.
    Offshore facility means any facility of any kind located in,on, or 
under, any of the navigable waters of the United States, andany facility 
of any kind which is subject to the jurisdiction of theUnited States and 
is located in, on,

[[Page 326]]

or under any other waters,other than a vessel or a public vessel.
    Oil means oil of any kind or in any form, including but notlimited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixedwith wastes 
other than dredged spoil.
    Onshore facility means any facility (including, but notlimited to, 
motor vehicles and rolling stock) of any kind located in,on, or under 
any land within the United States other than submergedland.
    Person in charge means an individual designated as a personin charge 
of transfer operations under Sec. 154.710 (forfacilities) or Sec. 
155.700 (for vessels) of this chapter.
    STCW means the International Convention on Standards ofTraining, 
Certification, and Watchkeeping for Seafarers, 1978.
    Self-propelled tank vessel means a self-propelled tankvessel other 
than a tankship.
    Tank barge means a non-self-propelled tank vessel.
    Tankship means a self-propelled tank vessel constructed oradapted 
primarily to carry oil or hazardous material in bulk in thecargo spaces.
    Tank vessel means a vessel that is constructed or adapted tocarry, 
or that carries, oil or hazardous material in bulk as cargo orcargo 
residue, and that--
    (a) Is a vessel of the United States;
    (b) Operates on the navigable waters of the United States; or
    (c) Transfers oil or hazardous material in a port or place subjectto 
the jurisdiction of the United States.
    Transfer means any movement of oil or hazardous material to,from, or 
within a vessel by means of pumping, gravitation, ordisplacement. A 
transfer is considered to begin when the person incharge on the 
transferring vessel or facility and the person in chargeon the receiving 
facility or vessel first meet to begin completing thedeclaration of 
inspection as required by Sec. 156.150 ofthis chapter. A transfer is 
considered to be complete when all theconnections for the transfer have 
been uncoupled and secured withblanks or other closure devices and both 
of the persons in charge havecompleted the declaration of inspection to 
include the date and timethe transfer was complete.
    Vessel operator means a person who owns, operates, or isresponsible 
for the operation of a vessel.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 79-116, 60FR 17141, Apr. 4, 1995; CGD 93-056, 
61 FR 41458, Aug. 8, 1996;62 FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR 
25125, May 8,1997]



Sec. 154.106  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 make the material available 
to the public. Allapproved material is available for inspection at the 
U.S. Coast Guard,Office of the Compliance (G-MOC), Room 1116, 2100 
Second Street SW.,Washington, DC 20593-0001, and 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 approved material is available from thesources 
indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in thispart 
and the sections affected are:

                   American Petroleum Institute (API)

2101 L Street NW., Washington, DC 20037
API Standard 2000, Venting Atmospheric and Low-Pressure StorageTanks 
(Nonrefrigerated and Refrigerated), Third Edition, January 
1982(reaffirmed December 1987)...................................154.814
API Recommended Practice 550, Manual on Installation of 
RefineryInstruments and Control Systems, Part II--Process 
StreamAnalyzers, Section 1--Oxygen Analyzers, Fourth Edition, 
February1985.....................................................154.824

              American National Standards Institute (ANSI)

11 West 42nd Street, New York, NY 10036
ANSI B16.5, Steel Pipe Flanges and Flanged Fittings,1988........154.500; 
                                                                154.808;

[[Page 327]]

                                                                 154.810
ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150 and300, 
1979....................................................154.500; 154.808
ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987(including 
B31.3a-1988, B31.3b-1988, andB31.3c-1989 addenda).......154.510; 154.808

            American Society for Testing and Materials (ASTM)

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM F 631-93, Standard Guide for Collecting SkimmerPerformance Data in 
Controlled Environments.......................................Appendix C
ASTM F 715-95, Standard Test Methods for Coated FabricsUsed for Oil 
Spill Control and Storage.....................................Appendix C
ASTM F 722-82 (1993), Standard Specification for WeldedJoints for 
Shipboard Piping Systems..........................Appendix A; Appendix B
ASTM F 1122-87 (1992), Standard Specification for QuickDisconnect 
Couplings........................................................154.500
ASTM F 1155-98, Standard Practice for Selection andApplication of Piping 
System Materials..................................Appendix A; Appendix B

             International Electrotechnical Commission (IEC)

Bureau Central de la Commission Electrotechnique Internationale, 1rue de 
          Varembe, Geneva, Switzerland
IEC 309-1--Plugs, Socket-Outlets and Couplers forIndustrial Purposes: 
Part 1, General Requirements, 1979...............................154.812
IEC 309-2--Plugs, Socket-Outlets and Couplers forIndustrial Purposes; 
Part 2, Dimensional InterchangeabilityRequirements for Pin and Contact-
tube Accessories, 1981...........................................154.812

          National Electrical Manufacturers Association (NEMA)

2101 L Street NW., Washington, DC 20036
ANSI NEMA WD-6--Wiring Devices, DimensionalRequirements, 1988....154.812

               National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101
NFPA 51B, Standard for Fire Prevention in Use of Cutting andWelding 
Processes, 1994..................................................154.735

            Oil Companies International Marine Forum (OCIMF)

96 Victoria Street, 15th Floor, London SW1E 5JW, England
International Safety Guide for Oil Tankers and Terminals, Section6.10, 
Fourth Ed., 1996.................................................154.810
International Safety Guide for Oil Tankers and Terminals, Sections9.1, 
9.2, 9.3 and 9.5, Fourth Ed., 1996...............................154.735

[CGD 88-032, 56 FR 35819, July 29, 1991, as amended byCGD 91-036, 58 FR 
7352, Feb. 5, 1993; CGD 96-026, 61 FR33665, June 28, 1996; CGD 93-056, 
61 FR 41458, Aug. 8, 1996; 61FR 42462, Aug. 15, 1996; USCG-1999-5151, 64 
FR 67175,Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004;USCG-2004-18057, 69 FR 
34926, June 23, 2004]



Sec. 154.107  Alternatives.

    (a) The COTP may consider and approve alternative 
procedures,methods, or equipment standards to be used by a facility 
operator inlieu of any requirement in this part if:
    (1) Compliance with the requirement is economically or 
physicallyimpractical;
    (2) The alternative provides an equivalent level of safety 
andprotection from pollution by oil or hazardous material, which 
isdocumented in the request; and
    (3) The facility operator submits a written request for 
thealternative.
    (b) The COTP takes final approval or disapproval action on 
therequest, submitted in accordance with paragraph (a) of this 
section,in writing within 30 days of receipt of the request.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61FR 41458, Aug. 8, 1996]



Sec. 154.108  Exemptions.

    (a) The Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection, acting for the Commandant, grants 
anexemption or partial exemption from compliance with any requirement 
inthis part if:
    (1) A facility operator submits an application for the exemptionvia 
the COTP; and
    (2) It is determined, from the application, that:
    (i) Compliance with the requirement is economically or 
physicallyimpractical;
    (ii) No alternative procedures, methods, or equipment standardsexist 
that would provide an equivalent level of safety and protectionfrom 
pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being dischargedis 
not

[[Page 328]]

substantially increased as a result of the exemption.
    (b) If requested, the applicant must submit any 
appropriateinformation, including an environmental and economic 
assessment of theeffects of and reasons for the exemption, and proposed 
procedures,methods or equipment standards.
    (c) The exemption may specify the procedures, methods, orequipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision ofthe 
Assistant Commandant for Marine Safety, Security and 
EnvironmentalProtection is a final agency action.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR36252, Sept. 4, 1990; 55 FR 49997, 
Dec. 4, 1990; CGD 96-026, 61FR 33666, June 28, 1996; CGD 93-056, 61 FR 
41458, Aug. 8, 1996;CGD 97-023, 62 FR 33364, June 19, 1997;USCG-2002-
12471, 67 FR 41333, June 18, 2002]



Sec. 154.110  Letter of intent.

    (a) The facility operator of any facility to which this partapplies 
must submit a letter of intent to operate a facility or toconduct mobile 
facility operations to the COTP not less than 60 daysbefore the intended 
operations unless a shorter period is allowed bythe COTP. Previously 
submitted letters of intent need not beresubmitted.
    (b) The letter of intent required by paragraph (a) of this 
sectionmay be in any form but must contain:
    (1) The names, addresses, and telephone numbers of the 
facilityoperator and the facility owner;
    (2) The name, address, and telephone number of the facility or, 
inthe case of a mobile facility, the dispatching office; and
    (3) Except for a mobile facility, the geographical location of 
thefacility in relation to the associated body of navigable waters.
    (c) The facility operator of any facility for which a letter 
ofintent has been submitted, shall within five (5) days advise the 
COTPin writing of any changes of information and shall cancel, in 
writing,the letter for any facility at which transfer operations are no 
longerconducted.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61FR 41458, Aug. 8, 1996]



Sec. 154.120  Facility examinations.

    (a) The facility operator shall allow the Coast Guard, at anytime, 
to make any examination and shall perform, upon request, anytest to 
determine compliance with this part and part 156, asapplicable. The 
facility operator shall conduct all required testingof facility 
equipment in a manner acceptable to the Coast Guard.
    (b) The COTP shall provide the facility operator with a 
writtenreport of the results of the examination for the record required 
bySec. 154.740(e) and shall list the deficiencies in thereport when the 
facility is not in compliance with the requirements inthis part and Part 
156 of this chapter.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980]



                       Subpart B_Operations Manual



Sec. 154.300  Operations manual: General.

    (a) The facility operator of each facility to which this partapplies 
shall submit, with the letter of intent, two copies of anOperations 
Manual that:
    (1) Describes how the applicant meets the operating rules 
andequipment requirements prescribed by this part and Part 156 of 
thischapter;
    (2) Describes the responsibilities of personnel under this partand 
Part 156 of this chapter in conducting transfer operations; and
    (3) Includes translations into a language or languages understoodby 
all designated persons in charge of transfer operations employed bythe 
facility.
    (b) The facility operator shall maintain the operations manual 
sothat it is:
    (1) Current; and
    (2) Readily available for examination by the COTP.
    (c) The COTP shall examine the Operations Manual when 
submitted,after any substantial amendment, and as otherwise required by 
theCOTP.
    (d) In determining whether the manual meets the requirements ofthis 
part

[[Page 329]]

and Part 156 of this chapter the COTP shall considerthe size, 
complexity, and capability of the facility.
    (e) If the manual meets the requirements of this part and part 156of 
this chapter, the COTP will return one copy of the manual 
marked``Examined by the Coast Guard'' as described inSec. 154.325.
    (f) The facility operator shall ensure that a sufficient number 
ofcopies of the examined Operations Manual, including a sufficientnumber 
of the translations required by paragraph (a)(3) of thissection, are 
readily available for each facility person in chargewhile conducting a 
transfer operation.
    Note: The facility operator may request that the contents ofthe 
operations manual or portions thereof be considered commercial 
orfinancial information that is privileged or confidential. Under 
theFreedom of Information Act, the Coast Guard would withhold any part 
ofthe contents of the operations manual from public disclosure 
upondetermining that it is commercial or financial information that 
isprivileged or confidential.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61FR 41458, Aug. 8, 1996]



Sec. 154.310  Operations manual: Contents.

    (a) Each operations manual required by Sec. 154.300 mustcontain:
    (1) The geographic location of the facility;
    (2) A physical description of the facility including a plan and/
orplans, maps, drawings, aerial photographs or diagrams, showing 
theboundaries of the facility subject to Coast Guard 
jurisdiction,mooring areas, transfer locations, control stations, 
wharfs, theextent and scope of the piping subject to the tests required 
bySec. 156.170(c)(4) of this chapter, and the locations ofsafety 
equipment. For mobile facilities, a physical description of thefacility;
    (3) The hours of operation of the facility;
    (4) The sizes, types, and number of vessels that the facility 
cantransfer oil or hazardous material to or from simultaneously;
    (5) For each product transferred at the facility:
    (i) Generic or chemical name; and
    (ii) The following cargo information:
    (a) The name of the cargo as listed under appendix II ofannex II of 
MARPOL 73/78, Table 30.25-1 of 46 CFR30.25-1, Table 151.05 of 46 CFR 
151.05-1, or Table 1 of46 CFR part 153.
    (b) A description of the appearance of the cargo;
    (c) A description of the odor of the cargo;
    (d) The hazards involved in handling the cargo;
    (e) Instructions for safe handling of the cargo;
    (f) The procedures to be followed if the cargo spills orleaks, or if 
a person is exposed to the cargo; and
    (g) A list of fire fighting procedures and extinguishingagents 
effective with fires involving the cargo.
    (6) The minimum number of persons on duty during transferoperations 
and their duties;
    (7) The name and telephone number of the qualified 
individualidentified under Sec. 154.1026 of this part and the titleand/
or position and telephone number of the Coast Guard, State, local,and 
other personnel who may be called by the employees of the facilityin an 
emergency;
    (8) The duties of watchmen, required by Sec. 155.810 ofthis chapter 
and 46 CFR 35.05-15, for unmanned vessels mooredat the facility;
    (9) A description of each communication system required by thispart;
    (10) The location and facilities of each personnel shelter, ifany;
    (11) A description and instructions for the use of drip anddischarge 
collection and vessel slop reception facilities, if any;
    (12) A description and the location of each emergency 
shutdownsystem;
    (13) Quantity, types, locations, and instructions for use 
ofmonitoring devices if required by Sec. 154.525;
    (14) Quantity, type, location, instructions for use, and timelimits 
for gaining access to the containment equipment required bySec. 
154.545;
    (15) Quantity, type, location, and instructions for use of 
fireextinguishing equipment required by Sec. 154.735(d) of thispart;
    (16) The maximum allowable working pressure (MAWP) of each 
loadingarm, transfer pipe system, and hose assembly required to be 
tested bySec. 156.170 of this chapter, including the maximum

[[Page 330]]

relief valve setting (or maximum system pressure when reliefvalves are 
not provided) for each transfer system;
    (17) Procedures for:
    (i) Operating each loading arm including the limitations of 
eachloading arm;
    (ii) Transferring oil or hazardous material;
    (iii) Completion of pumping; and
    (iv) Emergencies;
    (18) Procedures for reporting and initial containment of oil 
orhazardous material discharges;
    (19) A brief summary of applicable Federal, state, and local oilor 
hazardous material pollution laws and regulations;
    (20) Procedures for shielding portable lighting authorized by 
theCOTP under Sec. 154.570(c); and
    (21) A description of the training and qualification program 
forpersons in charge.
    (22) Statements explaining that each hazardous materials 
transferhose is marked with either the name of each product which may 
betransferred through the hose or with letters, numbers, symbols, 
colorcodes or other system acceptable to the COTP representing all 
suchproducts and the location in the Operations Manual where a chart 
orlist of symbols utilized is located and a list of the 
compatibleproducts which may be transferred through the hose can be 
found forconsultation before each transfer; and
    (23) For facilities that conduct tank cleaning or 
strippingoperations, a description of their procedures.
    (b) lf a facility collects vapors emitted from vessel cargo tanksfor 
recovery, destruction, or dispersion, the operations manual mustcontain 
a description of the vapor collection system at the facilitywhich 
includes:
    (1) A line diagram or simplified piping and instrumentationdiagram 
(P&ID) of the facility's vapor control system piping,including the 
location of each valve, control device, pressure-vacuumrelief valve, 
pressure indicator, flame arrester, and detonationarrester; and
    (2) A description of the vapor control system's design andoperation 
including the:
    (i) Vapor line connection;
    (ii) Startup and shutdown procedures;
    (iii) Steady state operating procedures;
    (iv) Provisions for dealing with pyrophoric sulfide (forfacilities 
which handle inerted vapors of cargoes containing sulfur);
    (v) Alarms and shutdown devices; and
    (vi) Pre-transfer equipment inspection requirements.
    (c) The facility operator shall incorporate a copy of eachamendment 
to the operations manual under Sec. 154.320 ineach copy of the manual 
with the related existing requirement, or addthe amendment at the end of 
each manual if not related to an existingrequirement.
    (d) The operations manual must be written in the order specifiedin 
paragraph (a) of this section, or contain a cross-referenced indexpage 
in that order.

(Approved by the Office of Management and Budget under controlnumber 
1625-0093)

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended byCGD 88-102, 55 FR 
25428, June 21, 1990; CGD 86-034, 55FR 36253, Sept. 4, 1990; CGD 92-027, 
58 FR 39662, July 26,1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996;USCG-
2006-25150, 71 FR 39209, July 12, 2006]



Sec. 154.320  Operations manual: Amendment.

    (a) Using the following procedures, the COTP may require thefacility 
operator to amend the operations manual if the COTP findsthat the 
operations manual does not meet the requirements in thispart:
    (1) The COTP will notify the facility operator in writing of 
anyinadequacies in the Operations Manual. The facility operator 
maysubmit written information, views, and arguments regarding 
theinadequacies identified, and proposals for amending the Manual, 
within45 days from the date of the COTP notice. After considering 
allrelevant material presented, the COTP shall notify the 
facilityoperator of any amendment required or adopted, or the COTP 
shallrescind the notice. The amendment becomes effective 60 days after 
thefacility operator receives the notice, unless the facility 
operatorpetitions the Commandant to review the

[[Page 331]]

COTP's notice, in whichcase its effective date is delayed pending a 
decision by theCommandant. Petitions to the Commandant must be submitted 
in writingvia the COTP who issued the requirement to amend the 
OperationsManual.
    (2) If the COTP finds that there is a condition requiringimmediate 
action to prevent the discharge or risk of discharge of oilor hazardous 
material that makes the procedure in paragraph (a)(1) ofthis section 
impractical or contrary to the public interest, the COTPmay issue an 
amendment effective on the date the facility operatorreceives notice of 
it. In such a case, the COTP shall include a briefstatement of the 
reasons for the findings in the notice. The owner oroperator may 
petition the Commandant to review the amendment, but thepetition does 
not delay the amendment.
    (b) The facility operator may propose amendments to the 
operationsmanual by:
    (1) Submitting any proposed amendment and reasons for theamendment 
to the COTP not less than 30 days before the requestedeffective date of 
the proposed amendment; or
    (2) If an immediate amendment is needed, requesting the COTP 
toapprove the amendment immediately.
    (c) The COTP shall respond to proposed amendments submitted 
underparagraph (b) of this section by:
    (1) Approving or disapproving the proposed amendments;
    (2) Advising the facility operator whether the request isapproved, 
in writing, before the requested date of the amendments;
    (3) Including any reasons in the written response if the requestis 
disapproved; and
    (4) If the request is made under paragraph (b)(2) of this 
sectionimmediately approving or rejecting the request.
    (d) Amendments to personnel and telephone number lists required 
bySec. 154.310(a)(7) of this part do not require examinationby the 
COTP, but the COTP must be advised of such amendments as theyoccur.

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61FR 41459, Aug. 8, 1996]



Sec. 154.325  Operations manual: Procedures for examination.

    (a) The operator of a facility shall submit two copies of 
theOperations Manual to the Captain of the Port of the zone in which 
thefacility is located.
    (b) Not less than 60 days prior to any transfer operation, 
theoperator of a new facility shall submit, with the letter of 
intent,two copies of the Operations Manual to the Captain of the Port of 
thezone in which the facility is located.
    (c) After a facility is removed from caretaker status, not lessthan 
30 days prior to any transfer operation the operator of thatfacility 
shall submit two copies of the Operations Manual to the COTPof the zone 
in which the facility is located unless the manual hasbeen previously 
examined and no changes have been made since theexamination.
    (d) If the COTP finds that the Operations Manual meets 
therequirements of this part and part 156 of this chapter, the COTP 
willreturn one copy of the manual to the operator marked ``Examinedby 
the Coast Guard''.
    (e) If the COTP finds that the Operations Manual does not meet 
therequirements of this part and/or part 156 of this chapter, the 
COTPwill return the manuals with an explanation of why it does not 
meetthe requirements of this chapter.
    (f) No person may use any Operations Manual for transferoperations 
as required by this chapter unless the Operations Manualhas been 
examined by the COTP.
    (g) The Operations Manual is voided if the facilityoperator--
    (1) Amends the Operations Manual without following the proceduresin 
Sec. 154.320 of this part;
    (2) Fails to amend the Operations Manual when required by theCOTP; 
or
    (3) Notifies the COTP in writing that the facility will be placedin 
caretaker status.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]

[[Page 332]]



                    Subpart C_Equipment Requirements



Sec. 154.500  Hose assemblies.

    Each hose assembly used for transferring oil or hazardous 
materialmust meet the following requirements:
    (a) The minimum design burst pressure for each hose assembly mustbe 
at least four times the sum of the pressure of the relief valvesetting 
(or four times the maximum pump pressure when no relief valveis 
installed) plus the static head pressure of the transfer system, atthe 
point where the hose is installed.
    (b) The maximum allowable working pressure (MAWP) for each 
hoseassembly must be more than the sum of the pressure of the relief 
valvesetting (or the maximum pump pressure when no relief valve 
isinstalled) plus the static head pressure of the transfer system, atthe 
point where the hose is installed.
    (c) Each nonmetallic hose must be usable for oil or 
hazardousmaterial service.
    (d) Each hose assembly must either have:
    (1) Full threaded connections;
    (2) Flanges that meet standard B16.5, Steel Pipe Flanges andFlang 
Fittings, or standard B.16.24, Brass or Bronze PipeFlanges, of the 
American National Standards Institute (ANSI); or
    (3) Quick-disconnect couplings that meet ASTM F 1122 (incorporatedby 
reference, see Sec. 154.106).
    (e) Each hose must be marked with one of the following:
    (1) The name of each product for which the hose may be used; or
    (2) For oil products, the words ``OIL SERVICE''; or
    (3) For hazardous materials, the words ``HAZMATSERVICE--SEE LIST'' 
followed immediately by a letter,number or other symbol that corresponds 
to a list or chart containedin the facility's operations manual or the 
vessel's transfer proceduredocuments which identifies the products that 
may be transferredthrough a hose bearing that symbol.
    (f) Each hose also must be marked with the following, except thatthe 
information required by paragraphs (f)(2) and (3) of this sectionneed 
not be marked on the hose if it is recorded in the hose recordsof the 
vessel or facility, and the hose is marked to identify it withthat 
information:
    (1) Maximum allowable working pressure;
    (2) Date of manufacture; and
    (3) Date of the latest test required by Sec. 156.170.
    (g) The hose burst pressure and the pressure used for the 
testrequired by Sec. 156.170 of this chapter must not be markedon the 
hose and must be recorded elsewhere at the facility asdescribed in 
paragraph (f) of this section.
    (h) Each hose used to transfer fuel to a vessel that has a fillpipe 
for which containment can not practically be provided must beequipped 
with an automatic back pressure shutoff nozzle.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 88-032, 56FR 35820, July 29, 1991; CGD 92-027, 
58 FR 39662, July 26,1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996;USCG-
2000-7223, 65 FR 40057, June 29, 2000]



Sec. 154.510  Loading arms.

    (a) Each mechanical loading arm used for transferring oil 
orhazardous material and placed into service after June 30, 1973, 
mustmeet the design, fabrication, material, inspection, and 
testingrequirements in ANSI B31.3.
    (b) The manufacturer's certification that the standard inparagraph 
(a) of this section has been met must be permanently markedon the 
loading arm or recorded elsewhere at the facility with theloading arm 
marked to identify it with that information.
    (c) Each mechanical loading arm used for transferring oil 
orhazardous material must have a means of being drained or closed 
beforebeing disconnected after transfer operations are completed.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990]



Sec. 154.520  Closure devices.

    (a) Except as provided in paragraph (b) of this section, 
eachfacility to which this part applies must have enough butterfly 
valves,wafer-type resilient seated valves, blank flanges, or other 
meansacceptable to the COTP to

[[Page 333]]

blank off the ends of each hose orloading arm that is not connected for 
the transfer of oil or hazardousmaterial. Such hoses and/or loading arms 
must be blanked off duringthe transfer of oil or hazardous material. A 
suitable material in thejoints and couplings shall be installed on each 
end of the hoseassembly or loading arm not being used for transfer to 
ensure a leak-free seal.
    (b) A new, unused hose, and a hose that has been cleaned and isgas 
free, is exempt from the requirements of paragraph (a) of thissection.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.525  Monitoring devices.

    The COTP may require the facility to install monitoring devices 
ifthe installation of monitoring devices at the facility 
wouldsignificantly limit the size of a discharge of oil or 
hazardousmaterial and either:
    (a) The environmental sensitivity of the area requires 
addedprotection;
    (b) The products transferred at the facility pose a 
significantthreat to the environment; or
    (c) The size or complexity of the transfer operation poses 
asignificant potential for a discharge of oil or hazardous material.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990]



Sec. 154.530  Small discharge containment.

    (a) Except as provided in paragraphs (c), (d), and (e) of 
thissection, each facility to which this part applies must have 
fixedcatchments, curbing, or other fixed means to contain oil or 
hazardousmaterial discharged in at least--
    (1) Each hose handling and loading arm area (that area on 
thefacility that is within the area traversed by the free end of the 
hoseor loading arm when moved from its normal stowed or idle position 
intoa position for connection);
    (2) Each hose connection manifold area; and
    (3) Under each hose connection that will be coupled or uncoupledas 
part of the transfer operation during coupling, uncoupling, andtransfer.
    (b) The discharge containment means required by paragraph (a) ofthis 
section must have a capacity of at least:
    (1) Two barrels if it serves one or more hoses of 6-inch 
insidediameter or smaller, or loading arms of 6-inch nominal pipe 
sizediameter or smaller;
    (2) Three barrels if it serves one or more hoses with an 
insidediameter of more than 6-inches, but less than 12 inches, or 
loadingarms with a nominal pipe size diameter of more than 6 inches, but 
lessthan 12 inches; or
    (3) Four barrels if it serves one or more hoses of 12-inch 
insidediameter or larger, or loading arms of 12-inch nominal pipe 
sizediameter or larger.
    (c) The facility may use portable means of not less than \1/2\barrel 
capacity each to meet the requirements of paragraph (a) of thissection 
for part or all of the facility if the COTP finds that fixedmeans to 
contain oil or hazardous material discharges are notfeasible.
    (d) A mobile facility may have portable means of not less thanfive 
gallons capacity to meet the requirements of paragraph (a) ofthis 
section.
    (e) Fixed or portable containment may be used to meet 
therequirements of paragraph (a)(3) of this section.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61FR 41460, Aug. 8, 1996]



Sec. 154.540  Discharge removal.

    Each facility to which this part applies must have a means tosafely 
remove discharged oil or hazardous material, within one hour 
ofcompletion of the transfer, from the containment required bySec. 
154.530 of this part without discharging the oil orhazardous material 
into the water.

[CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.545  Discharge containment equipment.

    (a) Each facility must have ready access to enough 
containmentmaterial and equipment to contain any oil or hazardous 
materialdischarged on the water from operations at that facility.
    (b) For the purpose of this section, ``access'' may beby direct 
ownership, joint ownership, cooperative venture, orcontractual 
agreement.

[[Page 334]]

    (c) Each facility must establish time limits, subject toapproval by 
the COTP, for deployment of the containment material andequipment 
required by paragraph (a) of this section considering:
    (1) Oil or hazardous material handling rates;
    (2) Oil or hazardous material capacity susceptible to beingspilled;
    (3) Frequency of facility operations;
    (4) Tidal and current conditions;
    (5) Facility age and configuration; and
    (6) Past record of discharges.
    (d) The COTP may require a facility to surround each 
vesselconducting an oil or hazardous material transfer operation 
withcontainment material before commencing a transfer operation if--
    (1) The environmental sensitivity of the area requires the 
addedprotection;
    (2) The products transferred at the facility pose a 
significantthreat to the environment;
    (3) The past record of discharges at the facility is poor; or
    (4) The size or complexity of the transfer operation poses 
asignificant potential for a discharge of oil or hazardous material;and
    (5) The use of vessel containment provides the only practicalmeans 
to reduce the extent of environmental damage.
    (e) Equipment and procedures maintained to satisfy the provisionsof 
this chapter may be utilized in the planning requirements ofsubpart F 
and subpart H of this part.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61FR 41460, Aug. 8, 1996; USCG-1999-
5149, 65 FR 40825,June 30, 2000]



Sec. 154.550  Emergency shutdown.

    (a) The facility must have an emergency means to enable the personin 
charge of the transfer on board the vessel, at that person's 
usualoperating station, to stop the flow of oil or hazardous material 
fromthe facility to the vessel. The means must be--
    (1) An electrical, pneumatic, or mechanical linkage to thefacility; 
or
    (2) An electronic voice communications system continuouslyoperated 
by a person on the facility who can stop the flow of oil orhazardous 
material immediately.
    (b) The point in the transfer system at which the emergency 
meansstops the flow of oil or hazardous material on the facility must 
belocated near the dock manifold connection to minimize the loss of 
oilor hazardous material in the event of the rupture or failure of 
thehose, loading arm, or manifold valve.
    (c) For oil transfers, the means used to stop the flow 
underparagraph (a) of this section must stop that flow within--
    (1) 60 seconds on any facility or portion of a facility that 
firsttransferred oil on or before November 1, 1980; and
    (2) 30 seconds on any facility that first transfers oil 
afterNovember 1, 1980.
    (d) For hazardous material transfers, the means used to stop theflow 
under paragraph (a) of this section must stop that flowwithin--
    (1) 60 seconds on any facility or portion of a facility that 
firsttransferred hazardous material before October 4, 1990; and
    (2) 30 seconds on any facility that first transfers 
hazardousmaterial on or after October 4, 1990.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990]



Sec. 154.560  Communications.

    (a) Each facility must have a means that enables continuous two-way 
voice communication between the person in charge of the vesseltransfer 
operation and the person in charge of the facility transferoperation.
    (b) Each facility must have a means, which may be thecommunications 
system itself, that enables a person on board a vesselor on the facility 
to effectively indicate the desire to use the meansof communication 
required by paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must 
beusable and effective in all phases of the transfer operation and 
allconditions of weather at the facility.
    (d) A facility may use the system in Sec. 154.550(a)(2)to meet the 
requirement of paragraph (a) of this section.
    (e) Portable radio devices used to comply with paragraph (a) ofthis 
section during the transfer of flammable

[[Page 335]]

or combustibleliquids must be marked as intrinsically safe by the 
manufacturer ofthe device and certified as intrinsically safe by a 
national testinglaboratory or other certification organization approved 
by theCommandant as defined in 46 CFR 111.105-11. As an alternativeto 
the marking requirement, facility operators may maintaindocumentation at 
the facility certifying that the portable radiodevices in use at the 
facility are in compliance with this section.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980; 45 FR 43705,June 30, 1980, as 
amended by CGD 93-056, 61 FR 41460, Aug. 8,1996]



Sec. 154.570  Lighting.

    (a) Except as provided in paragraph (c) of this section, 
foroperations between sunset and sunrise, a facility must have 
fixedlighting that adequately illuminates:
    (1) Each transfer connection point on the facility;
    (2) Each transfer connection point in use on any barge moored atthe 
facility to or from which oil or hazardous material is beingtransferred;
    (3) Each transfer operations work area on the facility; and
    (4) Each transfer operation work area on any barge moored at 
thefacility to or from which oil or hazardous material is 
beingtransferred.
    (b) Where the illumination is apparently inadequate, the COTP 
mayrequire verification by instrument of the levels of illumination. On 
ahorizontal plane 3 feet above the barge deck or walking 
surface,illumination must measure at least:
    (1) 5.0 foot candles at transfer connection points; and
    (2) 1.0 foot candle in transfer operations work areas.
    (c) For small or remote facilities, the COTP may authorizeoperations 
with an adequate level of illumination provided by thevessel or by 
portable means.
    (d) Lighting must be located or shielded so as not to mislead 
orotherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990]



                      Subpart D_Facility Operations



Sec. 154.700  General.

    No person may operate a facility unless the equipment, personnel,and 
operating procedures of that facility meet the requirements ofthis part.

[CGD 75-124, 45 FR 7173, Jan. 31, 1980]



Sec. 154.710  Persons in charge: Designation and qualification.

    No person may serve, and the facility operator may not use 
theservices of a person, as person in charge of facility 
transferoperations unless:
    (a) The facility operator has designated that person as a personin 
charge;
    (b) The person has had at least 48 hours of experience in 
transferoperations at a facility in operations to which this part 
applies. Theperson also has enough experience at the facility for 
whichqualification is desired to enable the facility operator to 
determinethat the person's experience is adequate;
    (c) The person has completed a training and qualification 
programestablished by the facility operator and described in the 
OperationsManual in accordance with Sec. 154.310(a)(21), that 
providesthe person with the knowledge and training necessary to 
properlyoperate the transfer equipment at the facility, perform the 
dutiesdescribed in paragraph (d) of this section, follow the 
proceduresrequired by this part, and fulfill the duties required of a 
person incharge during an emergency, except that the COTP may 
approvealternative experience and training requirements for new 
facilities;and
    (d) The facility operator must certify that each person in chargehas 
the knowledge of, and skills necessary to--
    (1) The hazards of each product to be transferred;
    (2) The rules in this part and in Part 156 of this chapter;
    (3) The facility operating procedures as described in theoperations 
manual;
    (4) Vessel transfer systems, in general;
    (5) Vessel transfer control systems, in general;
    (6) Each facility transfer control system to be used;

[[Page 336]]

    (7) Follow local discharge reporting procedures; and
    (8) Carry out the facility's response plan for discharge 
reportingand containment.
    (e) Training conducted to comply with the hazard 
communicationprograms required by the Occupational Safety and Health 
Administration(OSHA) of the Department of Labor (DOL) (29 CFR 1910.1200) 
or theEnvironmental Protection Agency (EPA) (40 CFR 311.1), or to meet 
therequirements of subpart F of this part may be used to satisfy 
therequirements in paragraphs (c) and (d) of this section, as long as 
thetraining addresses the requirements in paragraphs (c) and (d) of 
thissection.

(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act(86 Stat. 
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR,1966-1970 Comp., p. 
949; 49 CFR 1.46(m))

[CGD 71-160R, 37 FR 28253, Dec. 21, 1972, as amended byCGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61FR 41460, Aug. 8, 1996]



Sec. 154.730  Persons in charge: Evidence of designation.

    Each person in charge shall carry evidence of his designation as 
aperson in charge when he is engaged in transfer operations unless 
suchevidence is immediately available at the facility.

(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act(86 Stat. 
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR,1966-1970 Comp., p. 
949; 49 CFR 1.46(m))

[CGD 71-160R, 37 FR 28253, Dec. 21, 1972]



Sec. 154.735  Safety requirements.

    Each operator of a facility to which this part applies shallensure 
that the following safety requirements are met at the facility:
    (a) Access to the facility by firefighting personnel, fire trucks,or 
other emergency personnel is not impeded.
    (b) Materials which are classified as hazardous under 49 CFR 
parts170 through 179 are kept only in the quantities needed for 
theoperation or maintenance of the facility and are stored in 
storagecompartments.
    (c) Gasoline or other fuel is not stored on a pier, wharf, orother 
similar structure.
    (d) A sufficient number of fire extinguishers approved by 
anindependent laboratory listed in 46 CFR 162.028-5 for fightingsmall, 
localized fires are in place throughout the facility andmaintained in a 
ready condition.
    (e) The location of each hydrant, standpipe, hose station, 
fireextinguisher, and fire alarm box is conspicuously marked and 
readilyaccessible.
    (f) Each piece of protective equipment is ready to operate.
    (g) Signs indicating that smoking is prohibited are posted inareas 
where smoking is not permitted.
    (h) Trucks and other motor vehicles are operated or parked only 
indesignated locations.
    (i) All rubbish is kept in receptacles.
    (j) All equipment with internal combustion engines used on 
thefacility--
    (1) Does not constitute a fire hazard; and
    (2) Has a fire extinguisher attached that is approved by 
anindependent laboratory listed in 46 CFR 162.028-5, unless sucha fire 
extinguisher is readily accessible nearby on the facility.
    (k) Spark arresters are provided on chimneys or applianceswhich--
    (1) Use solid fuel; or
    (2) Are located where sparks constitute a hazard to 
nearbycombustible material.
    (l) All welding or hot work conducted on or at the facility is 
theresponsibility of the facility operator. The COTP may require that 
theoperator of the facility notify the COTP before any welding or 
hotwork operations are conducted. Any welding or hot work 
operationsconducted on or at the facility must be conducted in 
accordance withNFPA 51B. The facility operator shall ensure that the 
followingadditional conditions or criteria are met:
    (1) Welding or hot work is prohibited during gas freeingoperations, 
within 30.5 meters (100 feet) of bulk cargo operationsinvolving 
flammable or combustible materials, within 30.5 meters (100feet) of 
fueling operations, or within 30.5 meters (100 feet) ofexplosives or 
15.25 meters (50 feet) of other hazardous materials.
    (2) If the welding or hot work is on the boundary of a 
compartment(i.e., bulkhead, wall or deck) an additional fire watch shall 
bestationed in the adjoining compartment.

[[Page 337]]

    (3) Personnel on fire watch shall have no other duties exceptto 
watch for the presence of fire and to prevent the development 
ofhazardous conditions.
    (4) Flammable vapors, liquids or solids must first be 
completelyremoved from any container, pipe or transfer line subject to 
weldingor hot work.
    (5) Tanks used for storage of flammable or combustible 
substancesmust be tested and certified gas free prior to starting hot 
work.
    (6) Proper safety precautions in relation to purging, inserting,or 
venting shall be followed for hot work on containers;
    (7) All local laws and ordinances shall be observed;
    (8) In case of fire or other hazard, all cutting, welding or 
otherhot work equipment shall be completely secured.
    (m) Heating equipment has sufficient clearance to prevent 
unsafeheating of nearby combustible material.
    (n) Automotive equipment having an internal combustion engine isnot 
refueled on a pier, wharf, or other similar structure.
    (o) There are no open fires or open flame lamps.
    (p) Electric wiring and equipment is maintained in a safecondition 
so as to prevent fires.
    (q) Electrical wiring and electrical equipment installed 
afterOctober 4, 1990, meet NFPA 70.
    (r) Electrical equipment, fittings, and devices installed 
afterOctober 4, 1990, show approval for that use by--
    (1) Underwriters Laboratories;
    (2) Factory Mutual Research Corporation; or
    (3) Canadian Standards Association.
    (s) Tank cleaning or gas freeing operations conducted by thefacility 
on vessels carrying oil residues or mixtures shall beconducted in 
accordance with sections 9.1, 9.2, 9.3, and 9.5 of theOCIMF 
International Safety Guide for Oil Tankers and Terminals(ISGOTT), except 
that--
    (1) Prohibitions in ISGOTT against the use of recirculated washwater 
do not apply if the wash water is first processed to removeproduct 
residues;
    (2) The provision in ISGOTT section 9.2.10 concerning flushing 
thebottom of tanks after every discharge of leaded gasoline does 
notapply;
    (3) The provision in ISGOTT section 9.2.11 concerning that removalof 
sludge, scale, and sediment does not apply if personnel usebreathing 
apparatus which protect them from the tank atmosphere; and
    (4) Upon the request of the facility owner or operator inaccordance 
with Sec. 154.107, the COTP may approve the useof alternative standards 
to ISGOTT if the COTP determines that thealternative standards provide 
an equal level of protection to theISGOTT standards.
    (t) Guards are stationed, or equivalent controls acceptable to 
theCOTP are used to detect fires, report emergency conditions, and 
ensurethat access to the marine transfer area is limited to--
    (1) Personnel who work at the facility including persons assignedfor 
transfer operations, vessel personnel, and delivery and servicepersonnel 
in the course of their business;
    (2) Coast Guard personnel;
    (3) Other Federal, State, or local governmental officials; and
    (4) Other persons authorized by the operator.
    (u) Smoking shall be prohibited at the facility except thatfacility 
owners or operators may authorize smoking in designated areasif--
    (1) Smoking areas are designated in accordance with localordinances 
and regulations;
    (2) Signs are conspicuously posted marking such authorized 
smokingareas; and
    (3) ``No Smoking'' signs are conspicuously postedelsewhere on the 
facility.
    (v) Warning signs shall be displayed on the facility at 
eachshoreside entry to the dock or berth, without obstruction, at 
alltimes for fixed facilities and for mobile facilities during 
coupling,transfer operation, and uncoupling. The warning signs shall 
conform to46 CFR 151.45-2(e)(1) or 46 CFR 153.955.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended byCGD 93-056, 61 FR 
41460, Aug. 8, 1996]



Sec. 154.740  Records.

    Each facility operator shall maintain at the facility and 
makeavailable for examination by the COTP:

[[Page 338]]

    (a) A copy of the letter of intent for the facility;
    (b) The name of each person designated as a person in charge 
oftransfer operations at the facility and certification that each 
personin charge has completed the training requirements ofSec. 154.710 
of this part;
    (c) The date and result of the most recent test or examination 
ofeach item tested or examined under Sec. 156.170 of thischapter;
    (d) The hose information required by Sec. 154.500 (e)and (g) except 
that marked on the hose;
    (e) The record of all examinations of the facility by the COTPwithin 
the last 3 years;
    (f) The Declaration of Inspection required bySec. 156.150(f) of 
this chapter;
    (g) A record of all repairs made within the last three 
yearsinvolving any component of the facility's vapor control 
systemrequired by subpart E of this part;
    (h) A record of all automatic shut downs of the facility's 
vaporcontrol system within the last 3 years; and
    (i) Plans, calculations, and specifications of the facility'svapor 
control system certified under Sec. 154.804 of thispart.
    (j) If they are not marked as such, documentation that theportable 
radio devices in use at the facility underSec. 154.560 of this part are 
intrinsically safe.

(Approved by the Office of Management and Budget under controlnumber 
1625-0060)

[CGD 75-124, 45 FR 7173, Jan. 31, 1980, as amended byCGD 88-102, 55 FR 
25429, June 21, 1990; CGD 86-034, 55FR 36254, Sept. 4, 1990; CGD 93-056, 
61 FR 41461, Aug. 8, 1996;USCG-2006-25150, 71 FR 39209, July 12, 2006]



Sec. 154.750  Compliance with operations manual.

    The facility operator shall require facility personnel to use 
theprocedures in the operations manual prescribed bySec. 154.300 for 
operations under this part.

[CGD 75-124, 45 FR 7174, Jan. 31, 1980]



                     Subpart E_Vapor Control Systems

    Source: CGD 88-102, 55 FR 25429, June 21, 1990,unless otherwise 
noted.



Sec. 154.800  Applicability.

    (a) Except as specified by paragraph (c) of this section, 
thissubpart applies to:
    (1) Each facility which collects vapors of crude oil, 
gasolineblends, or benzene emitted from vessel cargo tanks;
    (2) A vessel which is not a tank vessel that has a vaporprocessing 
unit located on board for recovery, destruction, ordispersion of crude 
oil, gasoline blends, or benzene vapors from atank vessel; and
    (3) Certifying entities which review, inspect, test, and 
certifyfacility vapor control systems.
    (b) A facility which collects vapors of flammable or 
combustiblecargoes other than crude oil, gasoline blends, or benzene, 
must meetthe requirements prescribed by the Commandant (G-MSO).
    (c) A facility with an existing Coast Guard approved vapor 
controlsystem which was operating prior to July 23, 1990 is subject only 
toSec. 154.850 of this subpart as long as it receives cargovapor only 
from the specific vessels for which it was approved.
    (d) This subpart does not apply to the collection of vapors 
ofliquefied flammable gases as defined in 46 CFR 30.10-39.
    (e) When a facility vapor control system which receives cargovapor 
from a vessel is connected to a facility vapor control systemthat serves 
tank storage areas and other refinery processes, thespecific 
requirements of this subpart apply between the vessel vaporconnection 
and the point where the vapor control system connects tothe facility's 
main vapor control system.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.802  Definitions.

    As used in this subpart:
    Certifying entity means an individual or organizationaccepted by the 
Commandant (G-MSO) to review plans and calculationsfor vapor control 
system designs, and to conduct initial inspectionsand witness tests of 
vapor control system installations.

[[Page 339]]

    Existing vapor control system means a vapor controlsystem which was 
operating prior to July 23, 1990.
    Facility vapor connection means the point in a facility'svapor 
collection system where it connects to a vapor collection hoseor the 
base of a vapor collection arm.
    Inerted means the oxygen content of the vapor space in atank 
vessel's cargo tank is reduced to 8 percent by volume or less 
inaccordance with the inert gas requirements of 46 CFR 32.53 or 46 
CFR153.500.
    Liquid knockout vessel means a device to separate liquidfrom vapor.
    Maximum allowable transfer rate means the maximum volumetricrate at 
which a vessel may receive cargo or ballast.
    New vapor control system means a vapor control system whichis not an 
existing vapor control system.
    Vapor balancing means the transfer of vapor displaced byincoming 
cargo from the tank of a vessel receiving cargo into a tankof the vessel 
or facility delivering cargo via a vapor collectionsystem.
    Vapor collection system means an arrangement of piping andhoses used 
to collect vapor emitted from a vessel's cargo tanks andtransport the 
vapor to a vapor processing unit.
    Vapor control system means an arrangement of piping andequipment 
used to control vapor emissions collected from a vessel, andincludes the 
vapor collection system and the vapor processing unit.
    Vapor destruction unit means a vapor processing unit thatdestroys 
cargo vapor by a means such as incineration.
    Vapor dispersion system means a vapor processing unit whichreleases 
cargo vapor to the atmosphere through a venting system notlocated on the 
vessel being loaded or ballasted.
    Vapor processing unit means the components of a vaporcontrol system 
that recovers, destroys, or disperses vapor collectedfrom a vessel.
    Vapor recovery unit means a vapor processing unit thatrecovers cargo 
vapor by a non-destructive means such as lean oilabsorbtion, carbon bed 
adsorption, or refrigeration.
    Vessel vapor connection means the point in a vessel's fixedvapor 
collection system where it connects to a vapor collection hoseor arm.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.804  Review, certification, and initial inspection.

    (a) A new vapor control system installation must be certified by 
acertifying entity as meeting the requirements of this subpart prior 
tooperating.
    (b) [Reserved]
    (c) An existing vapor control system installation that has beenCoast 
Guard approved for operation with specific vessels must becertified by a 
certifying entity prior to receiving vapors from othervessels.
    (d) Plans and information submitted to the certifying entity 
mustinclude a qualitative failure analysis. The analysis must 
demonstratethe following:
    (1) The vapor control system is designed to permit the system 
tocontinuously operate safely when receiving cargo vapors from 
tankshipsand barges over the full range of transfer rates expected at 
thefacility;
    (2) The vapor control system is provided with the proper alarmsand 
automatic control systems to prevent unsafe operation;
    (3) The vapor control system is equipped with sufficient automaticor 
passive devices to minimize damage to personnel, property, and 
theenvironment if an accident were to occur; and
    (4) If a quantitative failure analysis is also conducted, thelevel 
of safety attained is at least one order of magnitude greaterthan that 
calculated for operating without a vapor control system.
    Note: The American Institute of Chemical Engineerspublication, 
``Guidelines for Hazard EvaluationProcedures'' may be used as guidance 
when preparing aqualitative failure analysis. Military Standard MIL-STD-
882B may beused as guidance when preparing a quantitative failure 
analysis.
    (e) The certifying entity must conduct all initial inspections 
andwitness all tests required to demonstrate that the facility:
    (1) Conforms to certified plans and specifications;
    (2) Meets the requirements of this subpart; and

[[Page 340]]

    (3) Is operating properly.
    (f) Upon receipt of written certification from the certifyingentity 
that a facility's vapor control system complies with therequirements of 
this part the COTP shall endorse the letter ofadequacy required by Sec. 
154.325 of this part to indicatethat the facility is acceptable for 
collecting vapors of crude oil,gasoline blends, benzene, or any other 
vapors for which it iscertified.
    (g) Any design or configuration alteration involving a 
certifiedvapor control system must be reviewed by a certifying entity. 
Afterconducting any inspections and witnessing tests necessary to 
verifythat the modified vapor control system meets the requirements of 
thissubpart, the certifying entity must recertify the installation.
    (h) Certifications issued in accordance with this section and acopy 
of the plans, calculations, and specifications for the vaporcontrol 
system must be maintained at the facility.
    (i) A certifying entity accepted under Sec. 154.806 ofthis subpart 
may not certify a facility vapor control system if it wasinvolved in the 
design or installation of the system.

(Approved by the Office of Management and Budget under controlnumber 
1625-0060)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998;USCG-2006-25150, 71 FR 39209, July 12, 2006]



Sec. 154.806  Application for acceptance as a certifying entity.

    (a) An individual or organization seeking acceptance as acertifying 
entity must apply in writing to the Commandant (G-MSO).Each application 
must be signed and certified to be correct by theapplicant or, if the 
applicant is an organization, by an authorizedofficer or official 
representative of the organization, and mustinclude a letter of intent 
from a facility owner or operator to usethe services of the individual 
or organization to certify a vaporcontrol system installation. Any false 
statement or misrepresentation,or the knowing and willful concealment of 
a material fact may subjectthe applicant to prosecution under the 
provisions of 18 U.S.C. 1001,and denial or termination of acceptance as 
a certifying entity.
    (b) The applicant must possess the following minimumqualifications, 
and be able to demonstrate these qualifications to thesatisfaction of 
the Commandant (G-MSO):
    (1) The ability to review and evaluate design drawings and 
failureanalyses;
    (2) A knowledge of the applicable regulations of this 
subpart,including the standards incorporated by reference in 
theseregulations;
    (3) The ability to monitor and evaluate test procedures andresults;
    (4) The ability to perform inspections and witness tests of 
bulkliquid cargo handling systems;
    (5) That it is not controlled by an owner or operator of a vesselor 
facility engaged in controlling vapor emissions; and
    (6) That it is not dependent upon Coast Guard acceptance underthis 
section to remain in business.
    (c) Each application for acceptance must contain the following:
    (1) The name and address of the applicant, including subsidiariesand 
divisions if applicable;
    (2) A statement that the applicant is not controlled by an owneror 
operator of a vessel or facility engaged in controlling vaporemissions, 
or a full disclosure of any ownership or controllinginterest held by 
such owners or operators;
    (3) A description of the experience and qualifications of 
theperson(s) who would be reviewing or testing the systems;
    (4) A statement that the person(s) who would be reviewing ortesting 
the systems is/are familiar with the regulations in thissubpart; and
    (5) A statement that the Coast Guard may verify the 
informationsubmitted in the application and may examine the person(s) 
who wouldbe reviewing or testing the systems to determine their 
qualifications.
    (d) The acceptance of a certifying entity may be terminated by 
theCommandant (G-MSO) if the entity fails to properly review, inspect, 
ortest a system in accordance with this subpart.

[[Page 341]]

    Note: A list of entities accepted to certify facilityvapor control 
system installations is available from the Commandant(G-MSO).

(Approved by the Office of Management and Budget under controlnumber 
1625-0060)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996;USCG-2006-25150, 71 FR 39210, July 12, 2006]



Sec. 154.808  Vapor control system, general.

    (a) A vapor control system design and installation must 
eliminatepotential overfill hazards, overpressure and vacuum hazards, 
andsources of ignition to the maximum practical extent. Each 
remaininghazard source which is not eliminated must be specifically 
addressedin the protection system design and operational requirements.
    (b) Vapor collection system piping and fittings must be inaccordance 
with ANSI B31.3 and designed for a maximum allowableworking pressure of 
at least 150 psig. Valves and flanges must be inaccordance with ANSI 
B16.5 or B16.24, 150 pound class.
    (c) All electrical equipment used in a vapor control system 
mustcomply with NFPA 70.
    (d) Any pressure, flow, or concentration indication required bythis 
part must provide a remote indicator on the facility where thecargo 
transfer and vapor control systems are controlled.
    (e) Any alarm condition specified in this part must activate 
anaudible and visible alarm where the cargo transfer and vapor 
controlsystems are controlled.
    (f) The vapor control system must be separated or insulated 
fromexternal heat sources to limit vapor control system piping 
surfacetemperature to not more than 177 [deg]C. (350 [deg]F.) during 
normaloperation.
    (g) A means must be provided to eliminate any liquid condensatefrom 
the vapor collection system which carries over from the vessel 
orcondenses as a result of an enrichment process.
    (h) If a liquid knockout vessel is installed it must have:
    (1) A means to indicate the level of liquid in the device;
    (2) A high liquid level sensor that activates an alarm; and
    (3) A high high level sensor that closes the remotely operatedcargo 
vapor shutoff valve required by Sec. 154.810(a) ofthis subpart and 
shuts down any compressors or blowers prior to liquidcarrying over from 
the vessel to the compressor or blower.
    (i) Vapor collection piping must be electrically grounded 
andelectrically continuous.
    (j) If the facility handles inerted vapors of cargoes 
containingsulfur, provisions must be made to control heating from 
pyrophoriciron sulfide deposits in the vapor collection line.



Sec. 154.810  Vapor line connections.

    (a) A remotely operated cargo vapor shutoff valve must beinstalled 
in the vapor collection line between the facility vaporconnection and 
the nearest point where any inerting, enriching, ordiluting gas is 
introduced into the vapor collection line or where adetonation arrester 
is fitted. The valve must:
    (1) Close within thirty (30) seconds after detection of a 
shutdowncondition by a component required by this subpart;
    (2) Close automatically if the control signal is lost;
    (3) Activate an alarm when a signal to shut down is received;
    (4) Be capable of manual operation or manual activation;
    (5) Have a local valve position indicator or be designed so thatthe 
valve position can be readily determined from the valve handle orvalve 
stem position; and
    (6) If the valve seat is fitted with resilient material, not 
allowappreciable leakage when the resilient material is damaged 
ordestroyed.
    (b) Except when a vapor collection arm is used, the last 1.0 
meter(3.3 feet) of vapor piping before the facility vapor connection 
mustbe:
    (1) Painted red/yellow/red with:
    (i) The red bands 0.1 meter (0.33 feet) wide, and
    (ii) The middle yellow band 0.8 meter (2.64 feet) wide; and
    (2) Labeled ``VAPOR'' in black letters at least 50millimeters (2 
inches) high.
    (c) Each facility vapor connection flange must have a 
permanentlyattached 0.5 inch diameter stud at least

[[Page 342]]

1.0 inch long projectingoutward from the flange face. The stud must be 
located at the top ofthe flange, midway between bolt holes, and in line 
with the bolt holepattern.
    (d) Each hose used for transferring vapors must:
    (1) Have a design burst pressure of at least 25 psig;
    (2) Have a maximum allowable working pressure of at least 5 psig;
    (3) Be capable of withstanding at least 2.0 psi vacuum 
withoutcollapsing or constricting;
    (4) Be electrically continuous with a maximum resistance of 
tenthousand (10,000) ohms;
    (5) Have flanges with:
    (i) A bolt hole arrangement complying with the requirements for150 
pound class ANSI B16.5 flanges, and
    (ii) One or more 0.625 inch diameter holes in the flange 
locatedmidway between bolt holes and in line with the bolt hole pattern;
    (6) Be abrasion resistant and resistant to kinking; and
    (7) Have the last 1.0 meter (3.3 feet) of each end of the vaporhose 
marked in accordance with paragraph (b) of this section.
    (e) Vapor hose handling equipment must be provided with hosesaddles 
which provide adequate support to prevent kinking or collapseof hoses.
    (f) Fixed vapor collection arms must:
    (1) Meet the requirements of paragraphs (d)(1) through (d)(5) ofthis 
section;
    (2) Have the last 1.0 meter (3.3 feet) of the arm marked 
inaccordance with paragraph (b) of this section.
    (g) The facility vapor connection must be electrically insulatedfrom 
the vessel vapor connection in accordance with section 6.10 ofthe OCIMF 
International Safety Guide for Oil Tankers and Terminals.
    (h) A vapor collection system fitted with an enriching system 
thatoperates at a positive gauge pressure at the facility vapor 
connectionmust be fitted with:
    (1) A manual isolation valve between each facility vaporconnection 
and the remotely operated cargo vapor shutoff valverequired by paragraph 
(a) of this section; and
    (2) A means to prevent backflow of enriched vapor to the 
vessel'svapor collection system.



Sec. 154.812  Facility requirements for vessel liquid overfill protection.

    (a) Each facility which receives cargo vapor from a tank bargewhich 
is fitted with overfill protection in accordance with 46 CFR39.20-9(a) 
as its only means of overfill protection mustprovide a 120 volt, 20 amp 
explosion proof receptacle which meets:
    (1) ANSI/NEMA WD6;
    (2) NFPA 70, Articles 410-57 and 501-12; and
    (3) 46 CFR 111.105-9.
    (b) Each facility that receives cargo vapor from a tank bargefitted 
with an intrinsically safe cargo tank level sensor systemcomplying with 
46 CFR 39.20-9(b) as its only means of overfillprotection must have an 
overfill control panel on the dock capable ofpowering and receiving an 
alarm and shutdown signal from the cargotank level sensor system that:
    (1) Closes the remotely operated cargo vapor shutoff valverequired 
by Sec. 154.810(a) of this subpart and activatesthe emergency shutdown 
system required by Sec. 154.550 ofthis part when:
    (i) A tank overfill signal is received from the barge, or
    (ii) Electrical continuity of the cargo tank level sensor systemis 
lost;
    (2) Activates an alarm which is audible and visible to 
bargepersonnel and facility personnel when a tank overfill signal, or 
anoptional high level signal corresponding to a liquid level lower 
thanthe tank overfill sensor setting, is received from the barge;
    (3) Has a means to electrically and mechanically test the alarmsand 
automatic shutdown systems prior to transferring cargo to orballasting 
the tank barge;
    (4) Has suitable means, such as approved intrinsic safety 
barriersable to accept passive devices, to ensure that the overfill 
andoptional alarm circuits on the barge side of the overfill 
controlpanel, including cabling, normally closed switches, and pin and 
sleeveconnectors, are intrinsically safe;
    (5) Is labeled with the maximum allowable inductance andcapacitance 
to

[[Page 343]]

be connected to the panel, as specified by theequipment manufacturer; 
and
    (6) Has a female connecting plug for the tank barge level 
sensorsystem with a 5 wire, 16 amp connector body meeting IEC309-1/309-2 
which is:
    (i) Configured with pins S2 and R1 for the tank overfill 
sensorcircuit, pin G connected to the cabling shield, and pins N and 
T3reserved for an optional high level alarm connection;
    (ii) Labeled ``Connector for Barge Overflow ControlSystem''; and
    (iii) Connected to the overfill control panel by a shieldedflexible 
cable.



Sec. 154.814  Facility requirements for vessel vapor overpressure and vacuumprotection.

    (a) A facility's vapor collection system must have the capacityfor 
collecting cargo vapor at a rate of not less than 1.25 times 
thefacility's maximum liquid transfer rate for cargo for which 
vaporcollection is required plus any inerting, diluting, or enriching 
gaswhich may be added to the system, unless the vapor growth 
forturbulent loading of the most volatile liquid handled by the 
facilityis less than 25 percent.
    (b) A facility vapor collection system must maintain the pressurein 
a vessel's cargo tanks between 80 percent of the highest setting ofany 
of the vessel's vacuum relief valves and 80 percent of the lowestsetting 
of any of the vessel's pressure relief valves for a non-inerted tank 
vessel, and between 0.2 psig and 80 percent of the lowestsetting of any 
of the vessel's pressure relief valves for an inertedtank vessel. The 
system must be capable of maintaining the pressure inthe vessel's cargo 
tanks within this range at any cargo transfer rateless than or equal to 
the maximum transfer rate determined at the pre-transfer conference 
required by Sec. 156.120(w) of thischapter.
    (c) The pressure measured at the facility vapor connection must 
becorrected for pressure drops across the vessel's vapor 
collectionsystem and the vapor collection hose or arm.
    (d) A pressure sensing device must be provided which activates 
analarm when the pressure at the facility vapor connection exceedseither 
the pressure corresponding to the upper pressure determined inparagraph 
(b) of this section or a lower pressure agreed upon at thepre-transfer 
conference required by Sec. 156.120(w) of thischapter.
    (e) A pressure sensing device must be provided which activates 
analarm when the pressure at the facility vapor connection falls 
beloweither the pressure corresponding to the lower pressure determined 
inparagraph (b) of this section or a higher pressure agreed upon at 
thepre-transfer conference required by Sec. 156.120(w) of thischapter.
    (f) A pressure sensing device must be provided which activates 
theemergency shutdown system required by Sec. 154.550 of thispart and 
closes the remotely operated cargo vapor shutoff valverequired by Sec. 
154.810(a) of this subpart when thepressure at the facility vapor 
connection exceeds 2.0 psi, or a lowerpressure agreed upon at the pre-
transfer conference required bySec. 156.120(w) of this chapter. The 
sensing device must beindependent of the device used to activate the 
alarm required byparagraph (d) of this section.
    (g) A pressure sensing device must be provided which closes 
theremotely operated cargo vapor shutoff valve required bySec. 
154.810(a) of this subpart when the vacuum at thefacility vapor 
connection is more than 1.0 psi, or a lesser vacuum setat the pre-
transfer conference required by Sec. 156.120(w)of this chapter. The 
sensing device must be independent of the deviceused to activate the 
alarm required by paragraph (e) of this section.
    (h) The pressure sensing devices required by paragraphs (d) and(f) 
of this section must be located in the vapor collection linebetween the 
facility vapor connection and the manual isolation valve,if required by 
Sec. 154.810(h) of this subpart, unless aninterlock is provided which 
prevents operation of the system when theisolation valve is closed.
    (i) A pressure indicating device must be provided which indicatesthe 
pressure in the vapor collection line.
    (j) If a compressor, blower, or eductor capable of drawing morethan 
1.0 psi vacuum is used to draw vapor from the vessel, a vacuumrelief 
valve must be installed in the vapor collection line betweenthe 
compressor, blower, or

[[Page 344]]

eductor and the facility vaporconnection, which:
    (1) Relieves at a pressure such that the pressure in the 
vaporcollection system at the facility vapor connection does not exceed 
1.0psi vacuum;
    (2) Has a relieving capacity equal to or greater than the capacityof 
the compressor, blower, or eductor;
    (3) Has a flame screen fitted at the vacuum relief opening; and
    (4) Has been tested for relieving capacity in accordance 
withparagraph 1.5.1.3 of API 2000 with a flame screen fitted.
    (k) When a facility collects cargo vapor through an underseapipeline 
from a vessel moored offshore, the vacuum relief valve may beset at a 
vacuum greater than 1.0 psi vacuum provided the pressurecontrols take 
into account the pressure drop across the vessel's vaporcollection 
system, any vapor collection hoses, and the underseapipeline as a 
function of the actual transfer rate.
    (l) If the pressure in the vapor collection system can exceed 
2.0psig due to a malfunction in an inerting, enriching, or 
dilutingsystem a pressure relief valve must:
    (1) Be installed between the point where inerting, enriching, 
ordiluting gas is introduced into the vapor collection system and 
thefacility vapor connection;
    (2) Relieve at a pressure such that the pressure in the 
vaporcollection system at the facility vapor connection does not exceed 
2.0psig;
    (3) Have a relieving capacity equal to or greater than the 
maximumcapacity of the facility inerting, enriching, or diluting gas 
source;
    (4) If not designed to insure a minimum vapor discharge velocityof 
30 meters (98.4 ft.) per second, have a flame screen fitted at 
thedischarge opening; and
    (5) Have been tested for relieving capacity in accordance 
withparagraph 1.5.1.3 of API 2000.
    (m) The relieving capacity test required by paragraph (l)(5) mustbe 
carried out with a flame screen fitted at the discharge opening ifthe 
pressure relief valve is not designed to insure a minimum vapordischarge 
velocity of 30 meters (98.4 ft.) per second.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 154.820  Fire, explosion, and detonation protection.

    (a) A vapor control system with a single facility vapor 
connectionthat receives vapor only from a vessel with inerted cargo 
tanks andprocesses vapor with a vapor recovery unit must:
    (1) Be capable of inerting the vapor collection line in 
accordancewith Sec. 154.824(a) of this subpart prior to receivingvapors 
from the vessel;
    (2) Have at least one oxygen analyzer that samples the 
vaporconcentration continuously at a point not more than 6 meters 
(19.7ft.) from the facility vapor connection; and
    (3) Meet Sec. 154.824 (f)(1), (f)(2), (g), (h)(2), and(h)(3) of 
this subpart.
    (b) A vapor control system with a single facility vapor 
connectionthat receives vapor only from a vessel with inerted cargo 
tanks andprocesses vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters(19.7 
ft.) from the facility vapor connection; or
    (2) Have an inerting system that meets the requirements ofSec. 
154.824 of this subpart.
    (c) A vapor control system with a single facility vapor 
connectionthat receives vapor from a vessel with cargo tanks that are 
notinerted and processes vapor with a vapor recovery unit must:
    (1) Have a detonation arrester located not more than 6 meters(19.7 
ft.) from the facility vapor connection; or
    (2) Have an inerting, enriching, or diluting system that meets 
therequirements of Sec. 154.824 of this subpart.
    (d) A vapor control system with a single facility vapor 
connectionthat receives vapor from a vessel with cargo tanks that are 
notinerted and processes the vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters(19.7 
ft.) from the facility vapor connection; and

[[Page 345]]

    (2) Have an inerting, enriching, or diluting system thatmeets the 
requirements of Sec. 154.824 of this subpart.
    (e) A vapor control system with multiple facility vaporconnections 
that processes vapor with a vapor recovery unit must havea detonation 
arrester located not more than 6 meters (19.7 ft.) fromeach facility 
vapor connection.
    (f) A vapor control system with multiple facility vaporconnections 
that processes vapor with a vapor destruction unit must:
    (1) Have a detonation arrester located not more than 6 meters(19.7 
ft.) from each facility vapor connection; and
    (2) Have an inerting, enriching, or diluting system that meets 
therequirements of Sec. 154.824 of this subpart.
    (g) A vapor control system that uses a vapor balancing system 
inwhich cargo vapor from a vessel is transferred through the 
facilityvapor collection system to facility storage tanks must:
    (1) Have a detonation arrester located not more than 6 meters(19.7 
ft.) from each facility vapor connection;
    (2) Have a detonation arrester located within the storage 
tankcontainment area as close as practical to the vapor return 
connectionof each facility storage tank; and
    (3) Have facility storage tank high level alarm systems andfacility 
storage tank overfill control systems arranged to preventcargo from 
entering the vapor return line.
    (h) Except for a discharge vent from a vapor destruction unit,each 
outlet of a vapor control system that vents to atmosphere and isnot 
isolated with a pressure-vacuum relief valve must have a flamearrester 
located at the outlet.



Sec. 154.822  Detonation arresters, flame arresters, and flame screens.

    (a) Each detonation arrester required by this part must:
    (1) Be capable of arresting a detonation from either side of 
thedevice; and
    (2) Be acceptable to the Commandant (G-MSO). A detonation 
arresterdesigned, built, and tested in accordance with appendix A of 
this partwill be acceptable to the Commandant (G-MSO).
    (b) Each flame arrester required by this part must be acceptableto 
the Commandant (G-MSO). A flame arrester designed, built, andtested in 
accordance with appendix B of this part will be acceptableto the 
Commandant (G-MSO).
    (c) Each flame screen required by this part must be either asingle 
screen of corrosion resistant wire of at least 30 by 30 mesh,or two 
screens, both of corrosion resistant wire, of at least 20 by 20mesh, 
spaced not less than 12.7 millimeters (\1/2\ in.) or more than38.1 
millimeters (1\1/2\ in.) apart.

[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270,Sept. 26, 1990, as 
amended by CGD 96-026, 61 FR 33666, June 28,1996; USCG-2002-12471, 67 FR 
41333, June 18, 2002]



Sec. 154.824  Inerting, enriching, and diluting systems.

    (a) A vapor control system which uses inerting, enriching, 
ordiluting gas must be capable of inerting, enriching, or diluting 
thevapor collection line prior to receiving cargo vapor.
    (b) Except as permitted by Sec. 154.820(a) of thissubpart, a vapor 
control system which uses an inerting, enriching, ordiluting system must 
be equipped with a gas injection and mixingarrangement located as close 
as practical but not more than 10 meters(32.8 ft.) from the facility 
vapor connection that ensures completemixing of the gases within 20 pipe 
diameters of the injection point;
    (c) A vapor control system that uses an inerting or enrichingsystem 
may not be operated at a vacuum after the injection pointunless:
    (1) There are no sleeve-type pipe couplings, vacuum relief valves,or 
other devices which could allow air into the vapor collectionsystem 
downstream of the injection point; or
    (2) An additional analyzer is used to monitor the downstream 
vaporconcentration and a means is provided to inject additional inerting 
orenriching gas.
    (d) A vapor control system that uses analyzers to control theamount 
of inerting, enriching, or diluting gas injected into the 
vaporcollection line must be equipped with at least 2 analyzers. 
Theanalyzers must be connected so that:

[[Page 346]]

    (1) When oxygen analyzers are used, the higher oxygenconcentration 
reading controls the inerting or enriching system andactivates the alarm 
and automatic shutdown system required byparagraph (h), (j) or (k)(2) of 
this section;
    (2) When hydrocarbon analyzers are used, the lower 
hydrocarbonconcentration reading controls the enriching system and 
activates thealarm and automatic shutdown system required by paragraph 
(i) or (k)(1) of this section; and
    (3) When hydrocarbon analyzers are used, the higher 
hydrocarbonconcentration reading controls the diluting system and 
activates thealarm and automatic shutdown system required by paragraph 
(l) of thissection.
    (e) A vapor control system that uses volumetric measurements 
tocontrol the amount of inerting, enriching, or diluting gas 
injectedinto the vapor collection line must be equipped with at least 
oneanalyzer to activate the alarms and automatic shutdown 
systemsrequired by this section.
    (f) Each oxygen or hydrocarbon analyzer required by this 
sectionmust:
    (1) Be installed in accordance with API Recommended Practice 550;
    (2) Have a response time of not more than 30 seconds from the 
timethe vapor is sampled; and
    (3) Sample the vapor concentration continuously not more than 30pipe 
diameters from the gas injection point.
    (g) Oxygen analyzers which operate at elevated temperatures(i.e., 
zirconia oxide or thermomagnetic) must not be used.
    (h) An inerting system must:
    (1) Supply sufficient inert gas to the vapor stream to ensure 
thatthe oxygen concentration throughout the vapor collection system 
ismaintained below 8.0 percent by volume;
    (2) Activate an alarm when the oxygen concentration in the 
vaporcollection line exceeds 8.0 percent by volume;
    (3) Close the remotely operated cargo vapor shutoff valve requiredby 
Sec. 154.810(a) of this part when the oxygenconcentration in the vapor 
collection line exceeds 9.0 percent byvolume; and
    (4) If a combustion device is used to produce the inert gas, havea 
hydraulic seal and non-return valve between the combustion deviceand the 
vapor collection line.
    (i) An enriching system must:
    (1) Supply sufficient compatible hydrocarbon vapor to the 
vaporstream to ensure that the hydrocarbon concentration throughout 
thevapor collection system is maintained above 170 percent by volume 
ofthe upper flammable limit;
    (2) Activate an alarm when the hydrocarbon concentration in thevapor 
collection line falls below 170 percent by volume of the upperflammable 
limit; and
    (3) Close the remotely operated cargo vapor shutoff valve requiredby 
Sec. 154.810(a) of this subpart when the hydrocarbonconcentration in 
the vapor collection line falls below 150 percent byvolume of the upper 
flammable limit.
    (j) Oxygen analyzers may be used in lieu of hydrocarbon analyzersin 
an enriching system at a facility that receives cargo vapor onlyfrom a 
vessel with non-inerted cargo tanks, provided that theanalyzers:
    (1) Activate an alarm when the oxygen concentration in the 
vaporcollection line exceeds 15.5 percent by volume; and
    (2) Close the remotely operated cargo vapor shutoff valve requiredby 
Sec. 154.810(a) of this subpart when the oxygenconcentration in the 
vapor collection line exceeds 16.5 percent byvolume.
    (k) An enriching system may be used in a vapor collection systemthat 
receives cargo vapor from a vessel with inerted cargo tanks if:
    (1) Hydrocarbon analyzers are used to comply with paragraph 
(i)(2)and (i)(3) of this section; or
    (2) If oxygen analyzers are used, the analyzers activate an 
alarmwhen the oxygen concentration in the vapor collection line exceeds 
8percent by volume, and close the remotely operated cargo vapor 
shutoffvalve required by Sec. 154.810(a) of this subpart when theoxygen 
concentration exceeds 9 percent by volume.
    (l) An air dilution system must:
    (1) Supply sufficient additional air to the vapor stream to 
ensurethat the hydrocarbon concentration throughout

[[Page 347]]

the vaporcollection system is maintained below 30 percent by volume of 
thelower flammable limit;
    (2) Activate an alarm when the hydrocarbon concentration in thevapor 
collection line exceeds 30 percent by volume of the lowerflammable 
limit; and
    (3) Close the remotely operated cargo vapor shutoff valve requiredby 
Sec. 154.810(a) of this subpart when the hydrocarbonconcentration in 
the vapor collection line exceeds 50 percent byvolume of the lower 
flammable limit.

[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270,Sept. 26, 1990]



Sec. 154.826  Vapor compressors and blowers.

    (a) Each inlet and outlet to a compressor or blower which 
handlesvapor that has not been inerted, enriched, or diluted in 
accordancewith Sec. 154.824 of this subpart must be fitted with:
    (1) A detonation arrester;
    (2) A flame arrester; or
    (3) An explosion suppression system acceptable to the Commandant(G-
MSO).
    (b) If a reciprocating or screw-type compressor handles vapor inthe 
vapor collection system, it must be provided with indicators andaudible 
and visible alarms to warn against the following conditions:
    (1) Excessive discharge gas temperature at each compressor chamberor 
cylinder;
    (2) Excessive cooling water temperature;
    (3) Excessive vibration;
    (4) Low lube oil level;
    (5) Low lube oil pressure; and
    (6) Excessive shaft bearing temperatures.
    (c) If a liquid ring-type compressor handles vapor in the 
vaporcollection system, it must be provided with indicators and audible 
andvisible alarms to warn against the following conditions:
    (1) Low level of liquid sealing medium;
    (2) Lack of flow of liquid sealing medium;
    (3) Excessive temperature of the liquid sealing medium;
    (4) Low lube oil level;
    (5) Low lube oil pressure, if pressurized lubricating system; and
    (6) Excessive shaft bearing temperature.
    (d) If a centrifugal compressor, fan, or lobe blower handles vaporin 
the vapor collection system, construction of the blades and/orhousing 
must meet one of the following:
    (1) Blades or housing of nonmetallic construction;
    (2) Blades and housing of nonferrous material;
    (3) Blades and housing of corrosion resistant steel;
    (4) Ferrous blades and housing with one-half inch or more designtip 
clearance; or
    (5) Blades of aluminum or magnesium alloy and a ferrous housingwith 
a nonferrous insert sleeve at the periphery of the impeller.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.828  Vapor recovery and vapor destruction units.

    (a) The inlet to a vapor recovery unit which receives cargo 
vaporthat has not been inerted, enriched, or diluted in accordance 
withSec. 154.824 of this subpart must be fitted with one of 
thefollowing:
    (1) A detonation arrester;
    (2) A flame arrester; or
    (3) An explosion suppression system acceptable to the Commandant(G-
MSO).
    (b) The inlet to a vapor destruction unit must:
    (1) Have a liquid seal; and
    (2) Have two quick-closing stop valves installed in the vaporline.
    (c) A vapor destruction unit must:
    (1) Not be within 30 meters (98.8 ft.) of any tank vessel berth 
ormooring at the facility;
    (2) Have a flame arrester or detonation arrester fitted in thevapor 
line; and
    (3) Alarm and shut down when a flame is detected on the 
flamearrester or detonation arrester.
    (d) When a vapor destruction unit shuts down or has a flame-
outcondition the vapor destruction unit control system must:

[[Page 348]]

    (1) Close the quick-closing stop valves required by paragraph(b)(2) 
of this section; and
    (2) Close the remotely operated cargo vapor shutoff valve requiredby 
Sec. 154.810(a) of this subpart.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996]



Sec. 154.840  Personnel training.

    (a) A person in charge of a transfer operation utilizing a 
vaporcontrol system must have completed a training program covering 
theparticular system installed at the facility. Training must 
includedrills or demonstrations using the installed vapor control 
systemcovering normal operations and emergency procedures.
    (b) The training program required by paragraph (a) of this 
sectionmust cover the following subjects:
    (1) Purpose of a vapor control system;
    (2) Principles of the vapor control system;
    (3) Components of the vapor control system;
    (4) Hazards associated with the vapor control system;
    (5) Coast Guard regulations in this subpart;
    (6) Operating procedures, including:
    (i) Testing and inspection requirements,
    (ii) Pre-transfer procedures,
    (iii) Connection sequence,
    (iv) Start-up procedures, and
    (v) Normal operations; and
    (7) Emergency procedures.



Sec. 154.850  Operational requirements.

    (a) A facility must receive vapors only from a vessel which hasits 
certificate of inspection or certificate of compliance endorsed 
inaccordance with 46 CFR 39.10-13(e).
    (b) The following must be performed not more than 24 hours priorto 
each transfer operation:
    (1) All alarms and automatic shutdown systems required by thispart 
must be tested; and
    (2) The analyzers required by Sec. 154.820(a),Sec. 154.824 (d) and 
(e) of this subpart must be checked forcalibration by use of a span gas.
    (c) The position of all valves in the vapor line between thevessel's 
tanks and the facility vapor collection system must beverified prior to 
the start of the transfer operation.
    (d) A tank barge overfill control system that meets therequirements 
of 46 CFR 39.20-9(b) must not be connected to anoverfill sensor circuit 
that exceeds the system's rated cable length,inductance, and 
capacitance.
    (e) When vapor is being received from a vessel with inerted 
cargotanks, the remotely operated cargo vapor shutoff valve required 
bySec. 154.810(a) of this subpart must not be opened until thepressure 
at the facility vapor connection exceeds the pressure on thedownstream 
side of the remotely operated cargo vapor shutoff valve.
    (f) The initial cargo transfer rate must not exceed the rateagreed 
upon at the pre-transfer conference required bySec. 156.120(w) of this 
chapter and 46 CFR39.30-1(h).
    (g) The cargo transfer rate must not exceed the maximum 
allowabletransfer rate as determined by the lesser of the following:
    (1) A transfer rate corresponding to the maximum vapor 
processingrate for the vapor control system, as specified in the 
facilityoperations manual required by Sec. 154.300 of this chapter;or
    (2) The vessel's maximum transfer rate determined in accordancewith 
46 CFR 39.30-1(d).
    (h) While transferring cargo to a vessel connected to a vaporcontrol 
system, compressed air or gas may be used to clear cargo hosesand 
loading arms, but must not be used to clear cargo lines.
    (i) If one of the two analyzers required bySec. 154.824(d) of this 
subpart becomes inoperable during atransfer operation, the operation may 
continue provided the remaininganalyzer remains operational; however, no 
further transfer operationsmay be started until the inoperable analyzer 
is replaced or repaired.
    (j) Whenever a condition results in a shutdown of the vaporcontrol 
system, the person in charge shall immediately terminate cargoloading.
    (k) If it is suspected that a flare in the vapor control systemhas 
had a flare-back, or if a flame is detected on

[[Page 349]]

the flamearrester required by Sec. 154.828(c)(2) of this subpart, 
thetransfer operation must be stopped and not be restarted until 
theflame arrester has been inspected and found to be in 
satisfactorycondition.



               Subpart F_Response Plans for Oil Facilities

    Source: CGD 91-036, 61 FR 7917, Feb. 29, 1996,unless otherwise 
noted.



Sec. 154.1010  Purpose.

    This subpart establishes oil spill response plan requirements forall 
marine transportation-related (MTR) facilities (hereafter alsoreferred 
to as facilities) that could reasonably be expected to causesubstantial 
harm or significant and substantial harm to theenvironment by discharing 
oil into or on the navigable waters,adjoining shorelines, or exclusive 
economic zone. The development of aresponse plan prepares the facility 
owner or operator to respond to anoil spill. These requirements specify 
criteria to be used during theplanning process to determine the 
appropriate response resources. Thespecific criteria for response 
resources and their arrival times arenot performance standards. The 
criteria are based on a set ofassumptions that may not exist during an 
actual oil spill incident.



Sec. 154.1015  Applicability.

    (a) This subpart applies to all MTR facilities that because oftheir 
location could reasonably be expected to cause at leastsubstantial harm 
to the environment by discharging oil into or on thenavigable waters, 
adjoining shorelines, or exclusive economic zone.
    (b) The following MTR facilities that handle, store, or 
transportoil, in bulk, could reasonably be expected to cause substantial 
harmto the environment by discharging oil into or on the navigable 
watersor adjoining shorelines and are classified as substantial harm 
MTRfacilities:
    (1) Fixed MTR onshore facilities capable of transferring oil to 
orfrom a vessel with a capacity of 250 barrels or more and 
deepwaterports;
    (2) Mobile MTR facilities used or intended to be used to transferoil 
to or from a vessel with a capacity of 250 barrels or more; and
    (3) Those MTR facilities specifically designated as substantialharm 
facilities by the COTP under Sec. 154.1016.
    (c) The following MTR facilities that handle, store, or transportoil 
in bulk could not only reasonably be expected to cause substantialharm, 
but also significant and substantial harm, to the environment 
bydischarging oil into or on the navigable waters, adjoining 
shorelines,or exclusive economic zone and are classified as significant 
andsubstantial harm MTR facilities:
    (1) Deepwater ports, and fixed MTR onshore facilities capable 
oftransferring oil to or from a vessel with a capacity of 250 barrels 
ormore except for facilities that are part of a non-transportation-
related fixed onshore facility with a storage capacity of less 
than42,000 gallons; and
    (2) Those MTR facilities specifically designated as significantand 
substantial harm facilities by the COTP underSec. 154.1016.
    (d) An MTR facility owner or operator who believes the facility 
isimproperly classified may request review and reclassification 
inaccordance with Sec. 154.1075.



Sec. 154.1016  Facility classification by COTP.

    (a) The COTP may upgrade the classification of:
    (1) An MTR facility not specified in Sec. 154.1015 (b)or (c) to a 
facility that could reasonably be expected to causesubstantial harm to 
the environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to afacility that 
could reasonably be expected to cause significant andsubstantial harm to 
the environment.
    (b) The COTP may downgrade, the classification of:
    (1) An MTR facility specified in Sec. 154.1015(c) to afacility that 
could reasonably be expected to cause substantial harmto the 
environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to afacility that 
could not reasonably be expected to cause substantial,or significant and 
substantial harm to the environment.

[[Page 350]]

    (3) The COTP will consider downgrading an MTR 
facility'sclassification only upon receiving a written request for a 
downgradeof classification from the facility's owner or operator.
    (c) When changing a facility classification the COTP may, 
asappropriate, consider all relevant factors including, but not 
limitedto: Type and quantity of oils handled in bulk; facility spill 
history;age of facility; proximity to public and commercial water 
supplyintakes; proximity to navigable waters based on the definition 
ofnavigable waters in 33 CFR 2.36; and proximity to fish and wildlifeand 
sensitive environments.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended byUSCG-2008-0179, 73 
FR 35014, June 19, 2008]



Sec. 154.1017  Response plan submission requirements.

    (a) The owner or operator of an MTR facility identified only inSec. 
154.1015(b), or designated by the COTP as a substantialharm facility, 
shall prepare and submit to the cognizant COTP aresponse plan that meets 
the requirements ofSec. Sec. 154.1030, 154.1040, 154.1045, orSec. 
154.1047, as appropriate. This applies to:
    (1) A mobile MTR facility used or intended to be used to transferoil 
to or from a vessel with a capacity of 250 barrels or more; and
    (2) A fixed MTR facility specifically designated as a 
substantialharm facility by the COTP under Sec. 154.1016.
    (b) The owner or operator of an MTR facility identified inSec. 
154.1015(c) or designated by the COTP as a significantand substantial 
harm facility shall prepare and submit for review andapproval of the 
cognizant COTP a response plan that meets therequirements of Sec. Sec. 
154.1030, 154.1035, 154.1045, or154.1047, as appropriate. This applies 
to:
    (1) A fixed MTR facility capable of transferring oil, in bulk, toor 
from a vessel with a capacity of 250 barrels or more; and
    (2) An MTR facility specifically designated as a significant 
andsubstantial harm facility by the COTP under Sec. 154.1016.
    (c) In addition to the requirements in paragraphs (a) and (b) ofthis 
section, the response plan for a mobile MTR facility must meetthe 
requirements of Sec. 154.1041 subpart F.



Sec. 154.1020  Definitions.

    Except as otherwise defined in this section, the definition in 33CFR 
154.105 apply to this subpart and subparts H and I.
    Adverse weather means the weather conditions that will beconsidered 
when identifying response systems and equipment in aresponse plan for 
the applicable operating environment. Factors toconsider include, but 
are not limited to, significant wave height asspecified in Sec. Sec. 
154.1045, 154.1047, 154.1225, or154.1325, as appropriate; ice 
conditions, temperatures, weather-related visibility, and currents 
within the COTP zone in which thesystems or equipment are intended to 
function.
    Animal fat means a non-petroleum oil, fat, or grease derivedfrom 
animals, and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of thelesser of 50 
barrels or 1 percent of the volume of the worst casedischarge.
    Captain of the Port (COTP) Zone means a zone specified in 33CFR part 
3 and, where applicable, the seaward extension of that zoneto the outer 
boundary of the exclusive economic zone (EEZ).
    Complex means a facility possessing a combination of marine-
transportation related and non-transportation-related components thatis 
subject to the jurisdiction of more than one Federal agency undersection 
311(j) of the Clean Water Act.
    Exclusive economic zone (EEZ) means the zone contiguous tothe 
territorial sea of the United States extending to a distance up to200 
nautical miles from the baseline from which the breadth of 
theterritorial sea is measured.
    Facility that could reasonably be expected to cause significantand 
substantial harm means any MTR facility (including piping andany 
structures that are used for the transfer of oil between a vesseland a 
facility) classified as a ``significant and substantialharm'' facility 
under Sec. 154.1015(c) andSec. 154.1216.
    Facility that could reasonably be expected to cause substantialharm 
means

[[Page 351]]

any MTR facility classified as a``substantial harm'' facility underSec. 
154.1015(b) and Sec. 154.1216.
    Fish and Wildlife and Sensitive Environment means areas thatmay be 
identified by either their legal designation or by AreaCommittees in the 
applicable Area Contingency Plan (ACP) (forplanning) or by members of 
the Federal On-Scene Coordinator's spillresponse structure (during 
responses). These areas may include:Wetlands, national and state parks, 
critical habitats for endangeredor threatened species, wilderness and 
natural resource areas, marinesanctuaries and estuarine reserves, 
conservation areas, preserves,wildlife areas, wildlife refuges, wild and 
scenic rivers, areas ofeconomic importance, recreational areas, national 
forests, Federal andstate lands that are research areas, heritage 
program areas, landtrust areas, and historical and archaeological sites 
and parks. Theseareas may also include unique habitats such as: 
aquaculture sites andagricultural surface water intakes, bird nesting 
areas, criticalbiological resource areas, designated migratory routes, 
and designatedseasonal habitats.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, andOntario, 
their connecting and tributary waters, the Saint LawrenceRiver as far as 
Saint Regis, and adjacent port areas.
    Higher volume port area means the following ports:
    (1) Boston, MA.
    (2) New York, NY.
    (3) Delaware Bay and River to Philadelphia, PA.
    (4) St. Croix, VI.
    (5) Pascagoula, MS.
    (6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
    (7) Louisiana Offshore Oil Port (LOOP), LA.
    (8) Lake Charles, LA.
    (9) Sabine-Neches River, TX.
    (10) Galveston Bay and Houston Ship Channel, TX.
    (11) Corpus Christi, TX.
    (12) Los Angeles/Long Beach harbor, CA.
    (13) San Francisco Bay, San Pablo Bay, Carquinez Strait, andSuisun 
Bay to Antioch, CA.
    (14) Straits of Juan De Fuca from Port Angeles, WA, to andincluding 
Puget Sound, WA.
    (15) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary linesdefined in 
46 CFR part 7, except in the Gulf of Mexico. In the Gulf ofMexico, it 
means the area shoreward of the lines of demarcation(COLREG lines) 
defined in Sec. Sec. 80.740 through 80.850of this chapter. The inland 
area does not include the Great Lakes.
    Marine transportation-related facility (MTR facility) meansany 
onshore facility or segment of a complex regulated under section311(j) 
of the Federal Water Pollution Control Act (FWPCA) by two ormore Federal 
agencies, including piping and any structure used orintended to be used 
to transfer oil to or from a vessel, subject toregulation under this 
part and any deepwater port subject toregulation under part 150 of this 
chapter. For a facility or segmentof a complex regulated by two or more 
Federal agencies under section311(j) of the FWPCA, the MTR portion of 
the complex extends from thefacility oil transfer system's connection 
with the vessel to the firstvalve inside the secondary containment 
surrounding tanks in the non-transportation-related portion of the 
facility or, in the absence ofsecondary containment, to the valve or 
manifold adjacent to the tankscomprising the non-transportation-related 
portion of the facility,unless another location has otherwise been 
agreed to by the COTP andthe appropriate Federal official.
    Maximum extent practicable means the planned capability torespond to 
a worst case discharge in adverse weather, as contained ina response 
plan that meets the criteria in this subpart or in aspecific plan 
approved by the cognizant COTP.
    Maximum most probable discharge means a discharge of thelesser of 
1,200 barrels or 10 percent of the volume of a worst casedischarge.
    Nearshore area means the area extending seaward 12 milesfrom the 
boundary lines defined in 46 CFR part 7, except in the Gulfof Mexico. In 
the Gulf of Mexico, it means the area extending seaward12 miles from the 
line

[[Page 352]]

of demarcation (COLREG lines) defined inSec. Sec. 80.740-80.850 of this 
chapter.
    Non-persistent or Group I oil means a petroleum-based oilthat, at 
the time of shipment, consists of hydrocarbonfractions--
    (1) At least 50 percent of which by volume, distill at atemperature 
of 340 degrees C (645 degrees F); and
    (2) At least 95 percent of which by volume, distill at atemperature 
of 370 degrees C (700 degrees F).
    Ocean means the offshore area and nearshore area as definedin this 
subpart.
    Offshore area means the area beyond 12 nautical milesmeasured from 
the boundary lines defined in 46 CFR part 7 extendingseaward to 50 
nautical miles, except in the Gulf of Mexico. In theGulf of Mexico, it 
is the area beyond 12 nautical miles of the line ofdemarcation (COLREG 
lines) defined inSec. Sec. 80.740-80.850 of this chapter 
extendingseaward to 50 nautical miles.
    Oil means oil of any kind or in any form, including, but notlimited 
to, petroleum, fuel oil, sludge, oil refuse, oil mixed withwastes other 
than dredge spoil.
    Oil spill removal organization (OSRO) means an entity thatprovides 
response resources.
    On-Scene Coordinator (OSC) means the definition in theNational Oil 
and Hazardous Substances Pollution Contingency Plan (40CFR part 300).
    Operating area means Rivers and Canals, Inland, Nearshore,Great 
Lakes, or Offshore geographic location(s) in which a facility 
ishandling, storing, or transporting oil.
    Operating environment means Rivers and Canals, Inland, GreatLakes, 
or Ocean. These terms are used to define the conditions inwhich response 
equipment is designed to function.
    Operating in compliance with the plan means operating incompliance 
with the provisions of this subpart including, ensuring theavailability 
of the response resources by contract or other approvedmeans, and 
conducting the necessary training and drills.
    Other non-petroleum oil means a non-petroleum oil of anykind that is 
not generally an animal fat or vegetable oil.
    Persistent oil means a petroleum-based oil that does notmeet the 
distillation criteria for a non-persistent oil. For thepurposes of this 
subpart, persistent oils are further classified basedon specific gravity 
as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85and less 
than .95.
    (3) Group IV--specific gravity equal to or greater than .95and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Qualified individual and alternate qualified individualmeans a 
person located in the United States who meets the requirementsof Sec. 
154.1026.
    Response activities means the containment and removal of oilfrom the 
land, water, and shorelines, the temporary storage anddisposal of 
recovered oil, or the taking of other actions as necessaryto minimize or 
mitigate damage to the public health or welfare or theenvironment.
    Response resources means the personnel, equipment, supplies,and 
other capability necessary to perform the response activitiesidentified 
in a response plan.
    Rivers and canals means a body of water confined within theinland 
area, including the Intracoastal Waterways and other 
waterwaysartificially created for navigation, that has a project depth 
of 12feet or less.
    Specific gravity means the ratio of the mass of a givenvolume of 
liquid at 15 [deg]C (60 [deg]F) to the mass of an equalvolume of pure 
water at the same temperature.
    Spill management team means the personnel identified tostaff the 
organizational structure identified in a response plan tomanage response 
plan implementation.
    Substantial threat of a discharge means any incident orcondition 
involving a facility that may create a risk of discharge ofoil. Such 
incidents include, but are not limited to storage tank orpiping 
failures, above ground or underground leaks, fires, explosions,flooding, 
spills contained within the facility, or other similaroccurrences.
    Tier means the combination of required response resourcesand the

[[Page 353]]

times within which the resources must arrive on scene.
    [Note: Tiers are applied in three categories:
    (1) Higher Volume Port Areas,
    (2) Great Lakes, and
    (3) All other operating environments, including rivers and 
canals,inland, nearshore, and offshore areas.
    Appendix C, Table 4 of this part, provides specific guidance 
oncalculating response resources. Sections 154.1045(f) and 154.1135, 
setforth the required times within which the response resources 
mustarrive on-scene.]
    Vegetable oil means a non-petroleum oil or fat derived fromplant 
seeds, nuts, kernels or fruits, and not specifically identifiedelsewhere 
in this part.
    Worst case discharge means in the case of an onshorefacility and 
deepwater port, the largest foreseeable discharge inadverse weather 
conditions meeting the requirements ofSec. 154.1029.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended byUSCG-1999-5149, 65 
FR 40825, June 30, 2000]



Sec. 154.1025  Operating restrictions and interim operating authorization.

    (a) The owner or operator of an MTR facility who submitted aresponse 
plan prior to May 29, 1996, may elect to comply with any ofthe 
provisions of this final rule by revising the appropriate sectionof the 
previously submitted plan in accordance withSec. 154.1065. An owner or 
operator of an MTR facility whoelects to comply with all sections of 
this final rule must resubmitthe plan in accordance with Sec. 154.1060 
of this part.
    (b) No facility subject to this subpart may handle, store, 
ortransport oil unless it is operating in full compliance with 
asubmitted response plan. No facility categorized underSec. 154.1015(c) 
as a significant and substantial harmfacility may handle, store, or 
transport oil unless the submittedresponse plan has been approved by the 
COTP. The owner or operator ofeach new facility to which this subpart 
applies must submit a responseplan meeting the requirements listed in 
Sec. 154.1017 notless than 60 days prior to handling, storing, or 
transporting oil.Where applicable, the response plan shall be submitted 
along with theletter of intent required under Sec. 154.110.
    (c) Notwithstanding the requirements of paragraph (b) of 
thissection, a facility categorized under Sec. 154.1015(c) as 
asignificant and substantial harm facility may continue to handle,store, 
or transport oil for 2 years after the date of submission of aresponse 
plan, pending approval of that plan. To continue to handle,store, or 
transport oil without a plan approved by the COTP, thefacility owner or 
operator shall certify in writing to the COTP thatthe owner or operator 
has ensured, by contract or other approved meansas described in Sec. 
154.1028(a), the availability of thenecessary private personnel and 
equipment to respond, to the maximumextend practicable to a worst case 
discharge or substantial threat ofsuch a discharge from the facility. 
Provided that the COTP issatisfied with the certification of response 
resources provided by theowner or operator of the facility, the COTP 
will provide writtenauthorization for the facility to handle, store, or 
transport oilwhile the submitted response plan is being reviewed. 
Pending approvalof the submitted response plan, deficiencies noted by 
the COTP must becorrected in accordance with Sec. 154.1070.
    (d) A facility may not continue to handle, store, or transport 
oilif--
    (1) The COTP determines that the response resources identified inthe 
facility certification statement or reference response plan do 
notsubstantially meet the requirements of this subpart;
    (2) The contracts or agreements cited in the facility'scertification 
statement or referenced response plans are no longervalid;
    (3) The facility is not operating in compliance with the 
submittedplan;
    (4) The response plan has not been resubmitted or approved withinthe 
last 5 years; or
    (5) The period of the authorization under paragraph (c) of 
thissection has expired.



Sec. 154.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and 
atleast one alternate who meet the requirements of this section. 
Thequalified individual or alternate must be available on a 24-

[[Page 354]]

hourbasis and be able to arrive at the facility in a reasonable time.
    (b) The qualified individual and alternate must:
    (1) Be located in the United States;
    (2) Speak fluent English;
    (3) Be familiar with the implementation of the facility 
responseplan; and
    (4) Be trained in the responsibilities of the qualified 
individualunder the response plan.
    (c) The owner or operator shall provide each qualified individualand 
alternate qualified individual identified in the plan with adocument 
designating them as a qualified individual and specifyingtheir full 
authority to:
    (1) Activate and engage in contracting with oil spill 
removalorganization(s);
    (2) Act as a liaison with the predesignated Federal On-
SceneCoordinator (OSC); and
    (3) Obligate funds required to carry out response activities.
    (d) The owner or operator of a facility may designate anorganization 
to fulfill the role of the qualified individual and thealternate 
qualified individual. The organization must then identify aqualified 
individual and at least one alternate qualified individualwho meet the 
requirements of this section. The facility owner oroperator is required 
to list in the response plan the organization,the person identified as 
the qualified individual, and the person orperson(s) identified as the 
alternate qualified individual(s).
    (e) The qualified individual is not responsible for--
    (1) The adequacy of response plans prepared by the owner oroperator; 
or
    (2) Contracting or obligating funds for response resources beyondthe 
authority contained in their designation from the owner oroperator of 
the facility.
    (f) The liability of a qualified individual is considered to be 
inaccordance with the provisions of 33 USC 1321(c)(4).



Sec. 154.1028  Methods of ensuring the availability of response resources bycontract or other approved means.

    (a) When required in this subpart, the availability of 
responseresources must be ensured by the following methods:
    (1) A written contractual agreement with an oil spill 
removalorganization. The agreement must identify and ensure the 
availabilityof specified personnel and equipment required under this 
subpartwithin stipulated response times in the specified geographic 
areas;
    (2) Certification by the facility owner or operator that 
specifiedpersonnel and equipment required under this subpart are 
owned,operated, or under the direct control of the facility owner 
oroperator, and are available within stipulated response times in 
thespecified geographic areas;
    (3) Active membership in a local or regional oil spill 
removalorganization that has identified specified personnel and 
equipmentrequired under this subpart that are available to respond to 
adischarge within stipulated response times in the specified 
geographicareas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable 
ofbeing provided by the oil spill removal organization within 
stipulatedresponse times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spillremoval 
organization intends to commit the resources in the event of aresponse;
    (iii) Permits the Coast Guard to verify the availability of 
theidentified response resources through tests, inspections, and 
drills;and
    (iv) Is referenced in the response plan; or
    (5) The identification of an oil spill removal organization 
withspecified equipment and personnel available within stipulated 
responsetimes in specified geographic areas. The organization must 
providewritten consent to being identified in the plan.
    (b) The contracts and documents required in paragraph (a) of 
thissection must be retained at the facility and must be produced 
forreview upon request by the COTP.



Sec. 154.1029  Worst case discharge.

    (a) The response plan must use the appropriate criteria in 
thissection to develop the worst case discharge.
    (b) For the MTR segment of a facility, not less than--
    (1) Where applicable, the loss of the entire capacity of all in-line 
and break

[[Page 355]]

out tank(s) needed for the continuous operation ofthe pipelines used for 
the purposes of handling or transporting oil,in bulk, to or from a 
vessel regardless of the presence of secondarycontainment; plus
    (2) The discharge from all piping carrying oil between the 
marinetransfer manifold and the non-transportation-related portion of 
thefacility. The discharge from each pipe is calculated as follows: 
Themaximum time to discover the release from the pipe in hours, plus 
themaximum time to shut down flow from the pipe in hours (based 
onhistoric discharge data or the best estimate in the absence ofhistoric 
discharge data for the facility) multiplied by the maximumflow rate 
expressed in barrels per hour (based on the maximum reliefvalve setting 
or maximum system pressure when relief valves are notprovided) plus the 
total line drainage volume expressed in barrels forthe pipe between the 
marine manifold and the non-transportation-related portion of the 
facility; and
    (c) For a mobile facility it means the loss of the entire contentsof 
the container in which the oil is stored or transported.



Sec. 154.1030  General response plan contents.

    (a) The plan must be written in English.
    (b) A response plan must be divided into the sections listed inthis 
paragraph and formatted in the order specified herein unlessnoted 
otherwise. It must also have some easily found markeridentifying each 
section listed below. The following are the sectionsand subsections of a 
facility response plan:
    (1) Introduction and plan contents.
    (2) Emergency response action plan:
    (i) Notification procedures.
    (ii) Facility's spill mitigation procedures.
    (iii) Facility's response activities.
    (iv) Fish and wildlife and sensitive environments.
    (v) Disposal plan.
    (3) Training and Exercises:
    (i) Training procedures.
    (ii) Exercise procedures.
    (4) Plan review and update procedures.
    (5) Appendices.
    (i) Facility-specific information.
    (ii) List of contacts.
    (iii) Equipment lists and records.
    (iv) Communications plan.
    (v) Site-specific safety and health plan.
    (vi) List of acronyms and definitions.
    (vii) A geographic-specific appendix for each zone in which amobile 
facility operates.
    (c) The required contents for each section and subsection of theplan 
are contained in Sec. Sec. 154.1035, 154.1040, and154.1041, as 
appropriate.
    (d) The sections and subsections of response plans submitted tothe 
COTP must contain at a minimum all the information required inSec. Sec. 
154.1035, 154.1040, and 154.1041, asappropriate. It may contain other 
appropriate sections, subsections,or information that are required by 
other Federal, State, and localagencies.
    (e) For initial and subsequent submission, a plan that does 
notfollow the format specified in paragraph (b) of this section must 
besupplemented with a detailed cross-reference section to identify 
thelocation of the applicable sections required by this subpart.
    (f) The information contained in a response plan must beconsistent 
with the National Oil and Hazardous Substances PollutionContingency Plan 
(NCP) (40 CFR part 300) and the Area ContingencyPlan(s) (ACP) covering 
the area in which the facility operates.Facility owners or operators 
shall ensure that their response plansare in accordance with the ACP in 
effect 6 months prior to initialplan submission or the annual plan 
review required underSec. 154.1065(a). Facility owners or operators are 
notrequired to, but may at their option, conform to an ACP which is 
lessthan 6 months old at the time of plan submission.



Sec. 154.1035  Specific requirements for facilities that could reasonably beexpected to cause significant and substantial harm to the environment.

    (a) Introduction and plan content. This section of the planmust 
include facility and plan information as follows:

[[Page 356]]

    (1) The facility's name, street address, city, county, state,ZIP 
code, facility telephone number, and telefacsimile number, if 
soequipped. Include mailing address if different from street address.
    (2) The facility's location described in a manner that could aidboth 
a reviewer and a responder in locating the specific facilitycovered by 
the plan, such as, river mile or location from a knownlandmark that 
would appear on a map or chart.
    (3) The name, address, and procedures for contacting thefacility's 
owner or operator on a 24-hour basis.
    (4) A table of contents.
    (5) During the period that the submitted plan does not have 
toconform to the format contained in this subpart, a cross index, 
ifappropriate.
    (6) A record of change(s) to record information on plan updates.
    (b) Emergency Response Action Plan. This section of the planmust be 
organized in the subsections described in this paragraph:
    (1) Notification procedures. (i) This subsection mustcontain a 
prioritized list identifying the person(s), including name,telephone 
number, and their role in the plan, to be notified of adischarge or 
substantial threat of a discharge of oil. The telephonenumber need not 
be provided if it is listed separately in the list ofcontacts required 
in the plan. This Notification Procedures listingmust include--
    (A) Facility response personnel, the spill management team, oilspill 
removal organizations, and the qualified individual(s) and thedesignated 
alternate(s); and
    (B) Federal, State, or local agencies, as required.
    (ii) This subsection must include a form, such as that depicted 
inFigure 1, which contains information to be provided in the initial 
andfollow-up notifications to Federal, State, and local agencies. 
Theform shall include notification of the National Response Center 
asrequired in part 153 of this chapter. Copies of the form also must 
beplaced at the location(s) from which notification may be made. 
Theinitial notification form must include space for the 
informationcontained in Figure 1. The form must contain a prominent 
statementthat initial notification must not be delayed pending 
collection ofall information.

                   Figure 1--Information ondischarge *
                           [Involved Parties]
------------------------------------------------------------------------
        (A) Reporting party            (B) Suspected responsible party
------------------------------------------------------------------------
Name                                 Name
Phones () -                          Phones () -
Company                              Company
Position                             Organization Type:
Address                               Private citizen
Address                               Private enterprise
                                      Public utility
                                      Local government
                                      State government
                                      Federal government
City                                 City
State                                State
Zip                                  Zip
------------------------------------------------------------------------
* It is not necessary to wait for all information beforecalling NRC.
  National ResponseCenter--1-800-424-8802 or direct telephone:202-267-
  2675.


Were materials Discharged (Y/N)?
Calling for Responsible Party (Y/N)
------------------------------------------------------------------------
                          Incident Description
------------------------------------------------------------------------
Source and/or Cause of Incident
------------------------------------------------------------------------
Date - - Time:
Cause
------------------------------------------------------------------------
Incident Address/Location Nearest City
Distance from City

[[Page 357]]

 
Storage Tank Container Type--Above ground (Y/N) Belowground (Y/N)
 Unknown
------------------------------------------------------------------------
                            Facility Capacity
------------------------------------------------------------------------
Tank Capacity
Latitude Degrees
Longitude Degrees
Mile Post or River Mile
------------------------------------------------------------------------
                                Materials
------------------------------------------------------------------------
Discharge Unit of Quantity Measure Discharged Material Quantity inWater
------------------------------------------------------------------------
                             Response Action
------------------------------------------------------------------------
Actions Taken to Correct or Mitigate Incident
------------------------------------------------------------------------
                                 Impact
------------------------------------------------------------------------
Number of Injuries Number of Fatalities
Were there Evacuations (Y/N/U)? Number Evacuated
Was there any Damage (Y/N/U)? Damage in Dollars
------------------------------------------------------------------------
                         Additional Information
------------------------------------------------------------------------
Any information about the Incident not recorded elsewhere in thereport
------------------------------------------------------------------------
                          Caller Notifications
------------------------------------------------------------------------
USCG EPA State Other
 

    (2) Facility's spill mitigation procedures. (i) Thissubsection must 
describe the volume(s) and oil groups that would beinvolved in the--
    (A) Average most probable discharge from the MTR facility;
    (B) Maximum most probable discharge from the MTR facility;
    (C) Worst case discharge from the MTR facility; and
    (D) Where applicable, the worst case discharge from the non-
transportation-related facility. This must be the same volume providedin 
the response plan for the non-transportation-related facility.
    (ii) This subsection must contain prioritized procedures forfacility 
personnel to mitigate or prevent any discharge or substantialthreat of a 
discharge of oil resulting from operational activitiesassociated with 
internal or external facility transfers includingspecific procedures to 
shut down affected operations. Facilitypersonnel responsible for 
performing specified procedures to mitigateor prevent any discharge or 
potential discharge shall be identified byjob title. A copy of these 
procedures shall be maintained at thefacility operations center. These 
procedures must address actions tobe taken by facility personnel in the 
event of a discharge, potentialdischarge, or emergency involving the 
following equipment andscenarios:
    (A) Failure of manifold, mechanical loading arm, other 
transferequipment, or hoses, as appropriate;
    (B) Tank overfill;
    (C) Tank failure;
    (D) Piping rupture;
    (E) Piping leak, both under pressure and not under pressure, 
ifapplicable;
    (F) Explosion or fire; and
    (G) Equipment failure (e.g. pumping system failure, relief 
valvefailure, or other general equipment relevant to operational 
activitiesassociated with internal or external facility transfers.)
    (iii) This subsection must contain a listing of equipment and 
theresponsibilities of facility personnel to mitigate an average 
mostprobable discharge.
    (3) Facility's response activities. (i) This subsection mustcontain 
a description of the facility personnel's responsibilities toinitiate a 
response and supervise response resources pending thearrival of the 
qualified individual.

[[Page 358]]

    (ii) This subsection must contain a description of 
theresponsibilities and authority of the qualified individual 
andalternate as required in Sec. 154.1026.
    (iii) This subsection must describe the organizational structurethat 
will be used to manage the response actions. This structure mustinclude 
the following functional areas.
    (A) Command and control;
    (B) Public information;
    (C) Safety;
    (D) Liaison with government agencies;
    (E) Spill Operations;
    (F) Planning;
    (G) Logistics support; and
    (H) Finance.
    (iv) This subsection must identify the oil spill 
removalorganizations and the spill management team to:
    (A) Be capable of providing the following response resources:
    (1) Equipment and supplies to meet the requirements ofSec. Sec. 
154.1045, 154.1047 or subparts H or I of thispart, as appropriate; and
    (2) Trained personnel necessary to continue operation of 
theequipment and staff of the oil spill removal organization and 
spillmanagement team for the first 7 days of the response.
    (B) This section must include job descriptions for each 
spillmanagement team member within the organizational structure 
describedin paragraph (b)(3)(iii) of this section. These job 
descriptionsshould include the responsibilities and duties of each 
spillmanagement team member in a response action.
    (v) For mobile facilities that operate in more than one COTP 
zone,the plan must identify the oil spill removal organization and 
thespill management team in the applicable geographic-specific 
appendix.The oil spill removal organization(s) and the spill management 
teamdiscussed in paragraph (b)(3)(iv)(A) of this section must be 
includedfor each COTP zone in which the facility will handle, store, 
ortransport oil in bulk.
    (4) Fish and wildlife and sensitive environments. (i) Thissection of 
the plan must identify areas of economic importance andenvironmental 
sensitivity, as identified in the ACP, which arepotentially impacted by 
a worst case discharge. ACPs are requiredunder section 311(j)(4) of the 
FWPCA to identify fish and wildlife andsensitive environments. The 
applicable ACP shall be used to designatefish and wildlife and sensitive 
environments in the plan. Changes tothe ACP regarding fish and wildlife 
and sensitive environments shallbe included in the annual update of the 
response plan, when available.
    (ii) For a worst case discharge from the facility, this section 
ofthe plan must--
    (A) List all fish and wildlife and sensitive environmentsidentified 
in the ACP which are potentially impacted by a discharge ofpersistent 
oils, non-persistent oils, or non-petroleum oils.
    (B) Describe all the response actions that the facilityanticipates 
taking to protect these fish and wildlife and sensitiveenvironments.
    (C) Contain a map or chart showing the location of those fish 
andwildlife and sensitive environments which are potentially 
impacted.The map or chart shall also depict each response action that 
thefacility anticipates taking to protect these areas. A legend 
ofactivities must be included on the map page.
    (iii) For a worst case discharge, this section must 
identifyappropriate equipment and required personnel, available by 
contract orother approved means as described in Sec. 154.1028, 
toprotect fish and wildlife and sensitive environments which fall 
withinthe distances calculated using the methods outlined in this 
paragraphas follows:
    (A) Identify the appropriate equipment and required personnel 
toprotect all fish and wildlife and sensitive environments in the ACPfor 
the distances, as calculated in paragraph (b)(4)(iii)(B) of thissection, 
that the persistent oils, non-persistent oils, or non-petroleum oils are 
likely to travel in the noted geographic area(s)and number of days 
listed in Table 2 of appendix C of this part;
    (B) Calculate the distances required by paragraph (b)(4)(iii)(A)of 
this section by selecting one of the methods described in thisparagraph;
    (1) Distances may be calculated as follows:
    (i) For persistent oils and non-petroleum oils dischargedinto non-
tidal waters, the distance from the facility

[[Page 359]]

reached in48 hours at maximum current.
    (ii) For persistent and non-petroleum oils discharged intotidal 
waters, 15 miles from the facility down current during ebb tideand to 
the point of maximum tidal influence or 15 miles, whichever isless, 
during flood tide.
    (iii) For non-persistent oils discharged into non-tidalwaters, the 
distance from the facility reached in 24 hours at maximumcurrent.
    (iv) For non-persistent oils discharged into tidal waters, 5miles 
from the facility down current during ebb tide and to the pointof 
maximum tidal influence or 5 miles, whichever is less, during floodtide.
    (2) A spill trajectory or model may be substituted for thedistances 
calculated under paragraph (b)(4)(iii)(B)(l) of thissection. The spill 
trajectory or model must be acceptable to theCOTP.
    (3) The procedures contained in the EnvironmentalProtection's 
Agency's regulations on oil pollution prevention for non-transportation-
related onshore facilities at 40 CFR part 112, appendixC, Attachment C-
III may be substituted for the distances listed innon-tidal and tidal 
waters; and
    (C) Based on historical information or a spill trajectory ormodel, 
the COTP may require the additional fish and wildlife andsensitive 
environments also be protected.
    (5) Disposal Plan. This subsection must describe any actionsto be 
taken or procedures to be used to ensure that all recovered oiland oil 
contaminated debris produced as a result of any discharge aredisposed 
according to Federal, state, or local requirements.
    (c) Training and exercises. This section must be dividedinto the 
following two subsections:
    (1) Training procedures. This subsection must describe thetraining 
procedures and programs of the facility owner or operator tomeet the 
requirements in Sec. 154.1050.
    (2) Exercise procedures. This subsection must describe theexercise 
program to be carried out by the facility owner or operatorto meet the 
requirements in Sec. 154.1055.
    (d) Plan review and update procedures. This section mustaddress the 
procedures to be followed by the facility owner oroperator to meet the 
requirements of Sec. 154.1065 and theprocedures to be followed for any 
post-discharge review of the plan toevaluate and validate its 
effectiveness.
    (e) Appendices. This section of the response plan mustinclude the 
appendices described in this paragraph.
    (1) Facility-specific information. This appendix mustcontain a 
description of the facility's principal characteristics.
    (i) There must be a physical description of the facility includinga 
plan of the facility showing the mooring areas, transfer 
locations,control stations, locations of safety equipment, and the 
location andcapacities of all piping and storage tanks.
    (ii) The appendix must identify the sizes, types, and number 
ofvessels that the facility can transfer oil to or from simultaneously.
    (iii) The appendix must identify the first valve(s) on 
facilitypiping separating the transportation-related portion of the 
facilityfrom the non-transportation-related portion of the facility, if 
any.For piping leading to a manifold located on a dock serving 
tankvessels, this valve is the first valve inside the 
secondarycontainment required by 40 CFR part 112.
    (iv) The appendix must contain information on the oil(s) 
andhazardous material handled, stored, or transported at the facility 
inbulk. A material safety data sheet meeting the requirements of 29 
CFR1910.1200, 33 CFR 154.310(a)(5) or an equivalent will meet 
thisrequirement. This information can be maintained separately 
providingit is readily available and the appendix identifies its 
location. Thisinformation must include--
    (A) The generic or chemical name;
    (B) A description of the appearance and odor;
    (C) The physical and chemical characteristics;
    (D) The hazards involved in handling the oil(s) and 
hazardousmaterials. This shall include hazards likely to be encountered 
if theoil(s) and hazardous materials come in contact as a result of 
adischarge; and
    (E) A list of firefighting procedures and extinguishing 
agentseffective with fires involving the oil(s) and hazardous materials.

[[Page 360]]

    (v) The appendix may contain any other information which thefacility 
owner or operator determines to be pertinent to an oil spillresponse.
    (2) List of contacts. This appendix must include informationon 24-
hour contact of key individuals and organizations. If moreappropriate, 
this information may be specified in a geographic-specific appendix. The 
list must include--
    (i) The primary and alternate qualified individual(s) for 
thefacility;
    (ii) The contact(s) identified under paragraph (b)(3)(iv) of 
thissection for activation of the response resources; and
    (iii) Appropriate Federal, State, and local officials.
    (3) Equipment list and records. This appendix must includethe 
information specified in this paragraph.
    (i) The appendix must contain a list of equipment and 
facilitypersonnel required to respond to an average most probable 
discharge,as defined in Sec. 154.1020. The appendix must also list 
thelocation of the equipment.
    (ii) The appendix must contain a detailed listing of all the 
majorequipment identified in the plan as belonging to an oil spill 
removalorganization(s) that is available, by contract or other approved 
meansas described in Sec. 154.1028(a), to respond to a maximummost 
probable or worst case discharge, as defined inSec. 154.1020. The 
detailed listing of all major equipmentmay be located in a separate 
document referenced by the plan. Eitherthe appendix or the separate 
document referenced in the plan mustprovide the location of the major 
response equipment.
    (iii) It is not necessary to list response equipment from oilspill 
removal organization(s) when the organization has beenclassified by the 
Coast Guard and their capacity has been determinedto equal or exceed the 
response capability needed by the facility. Foroil spill removal 
organization(s) classified by the Coast Guard, theclassification must be 
noted in this section of the plan. When it isnecessary for the appendix 
to contain a listing of response equipment,it shall include all of the 
following items that are identified in theresponse plan: Skimmers; 
booms; dispersant application, in-situburning, bioremediation equipment 
and supplies, and other equipmentused to apply other chemical agents on 
the NCP Product Schedule (ifapplicable); communications, firefighting, 
and beach cleaningequipment; boats and motors; disposal and storage 
equipment; and heavyequipment. The list must include for each piece of 
equipment--
    (A) The type, make, model, and year of manufacture listed on 
thenameplate of the equipment;
    (B) For oil recovery devices, the effective daily recovery rate,as 
determined using section 6 of appendix C of this part;
    (C) For containment boom, the overall boom height (draft 
andfreeboard) and type of end connectors;
    (D) The spill scenario in which the equipment will be used for 
orwhich it is contracted;
    (E) The total daily capacity for storage and disposal of 
recoveredoil;
    (F) For communication equipment, the type and amount of 
equipmentintended for use during response activities. Where applicable, 
theprimary and secondary radio frequencies must be specified.
    (G) Location of the equipment; and
    (H) The date of the last inspection by the oil spill 
removalorganization(s).
    (4) Communications plan. This appendix must describe theprimary and 
alternate method of communication during discharges,including 
communications at the facility and at remote locationswithin the areas 
covered by the response plan. The appendix may referto additional 
communications packages provided by the oil spillremoval organization. 
This may reference another existing plan ordocument.
    (5) Site-specific safety and health plan. This appendix mustdescribe 
the safety and health plan to be implemented for any 
responselocation(s). It must provide as much detailed information as 
ispracticable in advance of an actual discharge. This appendix 
mayreference another existing plan requiring under 29 CFR 1910.120.
    (6) List of acronyms and definitions. This appendix mustlist all 
acronyms used in the response plan including any terms oracronyms used 
by Federal,

[[Page 361]]

State, or local governments and anyoperational terms commonly used at 
the facility. This appendix mustinclude all definitions that are 
critical to understanding theresponse plan.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended byUSCG-2000-7223, 65 
FR 40058, June 29, 2000;USCG-2001-9286, 66 FR 33641, June 25, 2001;USCG-
2008-0179, 73 FR 35014, June 19, 2008]



Sec. 154.1040  Specific requirements for facilities that could reasonably beexpected to cause substantial harm to the environment.

    (a) The owner or operator of a facility that, underSec. 154.1015, 
could reasonably be expected to causesubstantial harm to the 
environment, shall submit a response plan thatmeets the requirements of 
Sec. 154.1035, except as modifiedby this section.
    (b) The facility's response activities section of the responseplan 
need not list the facility or corporate organizational structurethat 
will be used to manage the response, as required bySec. 
154.1035(b)(3)(iii).
    (c) The owner or operator of a facility must ensure theavailability 
of response resources required to be identified inSec. 
154.1035(b)(3)(iv) by contract or other approved meansdescribed in Sec. 
154.1028.
    (d) A facility owner or operator must have at least 200 feet 
ofcontainment boom and the means of deploying and anchoring the 
boomavailable at the spill site within 1 hour of the detection of a 
spillto respond to the average most probable discharge in lieu of 
thequantity of containment boom specified in Sec. 154.1045(c)(1). Based 
on site-specific or facility-specific information, the COTPmay specify 
that additional quantities of containment boom areavailable within one 
hour. In addition, there must be adequate sorbentmaterial for initial 
response to an average most probable discharge.If the facility is a 
fixed facility, the containment boom and sorbentmaterial must be located 
at the facility. If the facility is a mobilefacility, the containment 
boom and sorbent must be available locallyand be at the site of the 
discharge within 1 hour of its discovery.



Sec. 154.1041  Specific response information to be maintained on mobile MTRfacilities.

    (a) Each mobile MTR facility must carry the following informationas 
contained in the response plan when performing transfer operations:
    (1) A description of response activities for a discharge which 
mayoccur during transfer operations. This may be a narrative 
descriptionor a list of procedures to be followed in the event of a 
discharge.
    (2) Identity of response resources to respond to a discharge fromthe 
mobile MTR facility.
    (3) List of the appropriate persons and agencies (including 
thetelephone numbers) to be contacted in regard to a discharge and 
itshandling, including the National Response Center.
    (b) The owner or operator of the mobile facility must also retainthe 
information in this paragraph at the principal place of business.



Sec. 154.1045  Response plan development and evaluation criteria for facilitiesthat handle, store, or transport Group I through Group IV petroleumoils.

    (a) The owner or operator of a facility that handles, stores, 
ortransports Group I through Group IV petroleum oils shall use 
thecriteria in this section to evaluate response resources identified 
inthe response plan for the specified operating environment.
    (1) The criteria in Table 1 of appendix C of this part are to beused 
solely for identification of appropriate equipment in a responseplan. 
These criteria reflect conditions used for planning purposes toselect 
mechanical response equipment and are not conditions that wouldlimit 
response actions or affect normal facility operations.
    (2) The response resources must be evaluated consideringlimitations 
for the COTP zones in which the facility operates,including but not 
limited to--
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges;
    (iv) Weather-related visibility; and
    (v) Other appropriate environmental conditions as determined bythe 
COTP.
    (3) The COTP may reclassify a specific body of water or 
locationwithin

[[Page 362]]

the COTP zone. Any reclassifications will be identified bythe COTP in 
the applicable ACP. Reclassifications may be to--
    (i) A more stringent operating environment if the prevailing 
waveconditions exceed the significant wave height criteria during 
morethan 35 percent of the year; or
    (ii) A less stringent operating environment if the prevailing 
waveconditions do not exceed the significant wave height criteria for 
theless stringent operating environment during more than 35 percent 
ofthe year.
    (b) Response equipment must--
    (1) Meet or exceed the operating criteria listed in Table 1 
ofappendix C of this part;
    (2) Function in the applicable operating environment; and
    (3) Be appropriate for the petroleum oil carried.
    (c) The response plan for a facility that handles, stores, 
ortransports Group I through Group IV petroleum oils must 
identifyresponse resources that are available, by contract or other 
approvedmeans as described in Sec. 154.1028(a)(1)(4), to respond tothe 
facility's average most probable discharge. The response resourcesmust 
include, at a minimum--
    (1) 1,000 feet of containment boom or two times the length of 
thelargest vessel that regularly conducts petroleum oil transfers to 
orfrom the facility, whichever is greater, and the means of deployingand 
anchoring the boom available at the spill site within 1 hour ofthe 
detection of a spill; and
    (2) Oil recovery devices and recovered oil storage capacitycapable 
of being at the spill site within 2 hours of the discovery ofa petroleum 
oil discharge from a facility.
    (d) The response plan for a facility that handles, stores, 
ortransports Group I through Group IV petroleum oils must 
identifyresponse resources that are available, by contract or other 
approvedmeans as described in Sec. 154.1028(a)(1)(4), to respond toa 
discharge up to the facility's maximum most probable dischargevolume.
    (1) The response resources must include sufficient containmentboom, 
oil recovery devices, and storage capacity for any recovery ofup to the 
maximum most probable discharge planning volume, ascontained in appendix 
C.
    (2) The response resources must be appropriate for each group 
ofpetroleum oil identified in Sec. 154.1020 that is handled,stored, or 
transported by the facility.
    (3) These response resources must be positioned such that they 
canarrive at the scene of a discharge within the following 
specifiedtimes:
    (i) The equipment identified in paragraphs (c)(1) and (c)(2) ofthis 
section or in Sec. 154.1040(d) must arrive within thetimes specified in 
those paragraphs or that section, as appropriate.
    (ii) In higher volume port areas and the Great Lakes, 
responseresources must be capable of arriving on scene within 6 hours of 
thediscovery of a petroleum oil discharge from a facility.
    (iii) In all other locations, response resources must be capableof 
arriving on scene within 12 hours of the discovery of a petroleumoil 
discharge from a facility.
    (4) The COTP may determine that mobilizing response resources toan 
area beyond the response times indicated in this paragraphinvalidates 
the response plan. In this event, the COTP may imposeadditional 
operational restrictions (e.g., limitations on the numberof transfers at 
a facility), or, at the COTP's discretion, thefacility may operate with 
temporarily modified response plandevelopment and evaluation criteria 
(e.g., modified response times,alternate response resources, etc.).
    (e) The response plan for a facility that handles, stores, 
ortransports Group I through Group IV petroleum oils must identify 
theresponse resources that are available, by contract or other 
approvedmeans as described in Sec. 154.1028(a)(1)(4), to respond tothe 
worst case discharge volume of petroleum oil to the maximum 
extentpracticable.
    (1) The location of these response resources must be suitable tomeet 
the response times identified in paragraph (f) of this sectionfor the 
applicable geographic area(s) of operation and response tier.
    (2) The response resources must be appropriate for--

[[Page 363]]

    (i) The volume of the facility's worst case discharge;
    (ii) Group(s) of petroleum oil as identified inSec. 154.1020 that 
are handled, stored, or transported bythe facility; and
    (iii) The geographic area(s) in which the facility operates.
    (3) The response resources must include sufficient boom, oilrecovery 
devices, and storage capacity to recover the worst casedischarge 
planning volumes.
    (4) The guidelines in appendix C of this part must be used 
forcalculating the quantity of response resources required to respond 
ateach tier to the worst case discharge to the maximum 
extentpracticable.
    (5) When determining response resources necessary to meet 
therequirements of this section, a portion of those resources must 
becapable of use in close-to-shore response activities in shallow 
water.The following percentages of the response equipment identified for 
theapplicable geographic area must be capable of operating in waters of 
6feet or less depth.
    (i) Offshore--10 percent.
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20percent.
    (6) The COTP may determine that mobilizing response resources toan 
area beyond the response times indicated in this paragraphinvalidates 
the response plan. In this event, the COTP may imposeadditional 
operational restrictions (e.g., limitations on the numberof transfers at 
a facility), or, at the COTP's discretion, thefacility may be permitted 
to operate with temporarily modifiedresponse plan development and 
evaluation criteria (e.g., modifiedresponse times, alternate response 
resources, etc.).
    (f) Response equipment identified in a response plan for afacility 
that handles, stores, or transports Group I through Group IVpetroleum 
oils must be capable of arriving on scene within the timesspecified in 
this paragraph for the applicable response tier in ahigher volume port 
area, Great Lakes, and in other areas. Responsetimes for these tiers 
from the time of discovery of a dischargeare--

------------------------------------------------------------------------
                                                Tier 1    Tier    Tier 3
                                                (hrs.)  2(hrs.)   (hrs.)
------------------------------------------------------------------------
Higher volume port area (except for a TAPAA          6       30       54
 facility located inPrince William Sound, see
 Sec.  154.1135)............................
Great Lakes..................................       12       36       60
All other river and canal, inland, nearshore,       12       36       60
 and offshoreareas...........................
------------------------------------------------------------------------

    (g) For the purposes of arranging for response resources for 
afacility that handles, stores, or transports Group I through Group 
IVpetroleum oils, by contract or other approved means as described 
inSec. 154.1028(a)(1)-(4), response equipmentidentified for Tier 1 plan 
credit must be capable of being mobilizedand en route to the scene of a 
discharge within 2 hours ofnotification. The notification procedures 
identified in the plan mustprovide for notification and authorization of 
mobilization ofidentified Tier 1 response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or 
substantialthreat of discharge.
    (h) Response resources identified for Tier 2 and Tier 3 plancredit 
must be capable of arriving on scene within the time specifiedfor the 
applicable tier.
    (i) The response plan for a facility that is located in 
anyenvironment with year-round preapproval for use of dispersants 
andthat handles, stores, or transports Group II or III 
persistentpetroleum oils may request a credit for up to 25 percent of 
the on-water recovery capability set forth by this part. To receive 
thiscredit, the facility owner or operator must identify in the plan 
andensure, by contract or other approved means as described inSec. 
154.1028(a)(1)-(4), the availability ofspecified resources to apply the 
dispersants and to monitor theireffectiveness. The extent of the credit 
will be based on the volumesof the dispersant available to sustain 
operations at themanufacturers' recommend dosage rates. Resources 
identified for plancredit should be capable of being on scene within 12 
hours of adiscovery of a discharge. Identification of these resources 
does notimply that they will be authorized for use. Actual authorization 
foruse during a spill response

[[Page 364]]

will be governed by the provisions ofthe NCP and the applicable ACP.
    (j) A response plan for a facility that handles, stores, 
ortransports Group I through Group IV petroleum oils must 
identifyresponse resources with firefighting capability. The owner or 
operatorof a facility that does not have adequate firefighting 
resourceslocated at the facility or that can not rely on sufficient 
localfirefighting resources must identify and ensure, by contract or 
otherapproved means as described in Sec. 154.1028(a)(1)-(4), the 
availability of adequate firefighting resources. Theresponse plan must 
also identify an individual located at the facilityto work with the fire 
department for petroleum oil fires. Thisindividual shall also verify 
that sufficient well-trained firefightingresources are available within 
a reasonable time to respond to a worstcase discharge. The individual 
may be the qualified individual asdefined in Sec. 154.1020 and 
identified in the response planor another appropriate individual located 
at the facility.
    (k) The response plan for a facility that handles, stores, 
ortransports Groups I through IV petroleum oils must identify 
equipmentand required personnel available, by contract or other approved 
meansas described in Sec. 154.1028(a) (1)-(4), to protectfish and 
wildlife and sensitive environments.
    (1) Except as set out in paragraph (k)(2) of this section, 
theidentified response resources must include the quantities of 
boomsufficient to protect fish and wildlife and sensitive environments 
asrequired by Sec. 154.1035(b)(4).
    (2) The resources and response methods identified in a 
facilityresponse plan must be consistent with the required resources 
andresponse methods to be used in fish and wildlife and 
sensitiveenvironments, contained in the appropriate ACP. Facility owners 
oroperators shall ensure that their response plans are in accordancewith 
the ACP in effect 6 months prior to initial plan submission orthe annual 
plan review required under Sec. 154.1065(a).Facility owners or 
operators are not required to, but may at theiroption, conform to an ACP 
which is less than 6 months old at the timeof plan submission.
    (l) The response plan for a facility that handles, stores, 
ortransports Groups I through IV petroleum oils must identify an 
oilspill removal organization(s) with response resources that 
areavailable, by contract or other approved means as described inSec. 
154.1028(a) (1)-(4), to effect a shorelinecleanup operation commensurate 
with the quantity of emulsifiedpetroleum oil to be planned for in 
shoreline cleanup operations.
    (1) Except as required in paragraph (l)(2) of this section, 
theshoreline cleanup response resources required must be determined 
asdescribed in appendix C of this part.
    (2) The resources and response methods identified in a 
facilityresponse plan must be consistent with the required shoreline 
cleanupresources and methods contained in the appropriate ACP. 
Facilityowners or operators shall ensure that their response plans are 
inaccordance with the ACP in effect 6 months prior to initial 
plansubmission or the annual plan review required underSec. 
154.1065(a). Facility owners or operators are notrequired to, but may at 
their option, conform to an ACP which is lessthan 6 months old at the 
time of plan submission.
    (m) Appendix C of this part describes the procedures to determinethe 
maximum extent practicable quantity of response resources thatmust be 
identified and available, by contract or other approved meansas 
described in Sec. 154.1028(a) (1)-(4), for themaximum most probable 
discharge volume, and for each worst casedischarge response tier.
    (1) Included in appendix C of this part is a cap that recognizesthe 
practical and technical limits of response capabilities that 
anindividual facility owner or operator can be expected to contract 
forin advance.
    (2) Table 5 in appendix C of this part lists the caps that applyin 
February 18, 1993, and February 18, 1998. Depending on the quantityand 
type of petroleum oil handled by the facility and the 
facility'sgeographic area of operations, the resource capability caps in 
thistable may be reached. The owner or operator of a facility 
whoseestimated recovery capacity exceeds the applicable contracting caps 
inTable 5

[[Page 365]]

shall identify sources of additional equipment equal totwice the cap 
listed in Tiers 1, 2, and 3 or the amount necessary toreach the 
calculated planning volume, whichever is lower. Theidentified resources 
must be capable of arriving on scene not laterthan the Tier 1, 2, and 3 
response times in this section. No contractis required. While general 
listings of available response equipmentmay be used to identify 
additional sources, a response plan mustidentify the specific sources, 
locations, and quantities of equipmentthat a facility owner or operator 
has considered in his or herplanning. When listing Coast Guard 
classified oil spill removalorganization(s) which have sufficient 
removal capacity to recover thevolume above the response capability cap 
for the specific facility, asspecified in Table 5 in appendix C of this 
part, it is not necessaryto list specific quantities of equipment.
    (n) The Coast Guard will initiate a review of cap increases andother 
requirements contained within this subpart that are scheduled tobe 
phased in over time. Any changes in the requirements of thissection will 
occur through a public notice and comment process.
    (1) During this review, the Coast Guard will determine if 
thescheduled increase for February 1998 remains practicable, and 
willalso establish a specific cap for 2003. The review will include but 
isnot limited to--
    (i) Increase in skimming efficiencies and design technology;
    (ii) Oil tracking technology;
    (iii) High rate response techniques;
    (iv) Other applicable response technologies; and
    (v) Increases in the availability of private response resources.
    (2) All scheduled future requirements will take effect unless 
theCoast Guard determines that they are not practicable. 
Scheduledchanges will be effective in February 1998 and 2003 unless the 
reviewof the additional requirements has not been completed by the 
CoastGuard. If this occurs, the additional requirements will not 
beeffective until 90 days after publication of a Federal Registernotice 
with the results of the review.



Sec. 154.1047  Response plan development and evaluation criteria for facilitiesthat handle, store, or transport Group V petroleum oils.

    (a) An owner or operator of a facility that handles, stores, 
ortransports Group V petroleum oils must provide information in his 
orher response plan that identifies--
    (1) Procedures and strategies for responding to a worst 
casedischarge of Group V petroleum oils to the maximum extent 
practicable;and
    (2) Sources of the equipment and supplies necessary to 
locate,recover, and mitigate such a discharge.
    (b) An owner or operator of a facility that handles, stores, 
ortransports Group V petroleum oil must ensure that any 
equipmentidentified in a response plan is capable of operating in 
theconditions expected in the geographic area(s) in which the 
facilityoperates using the criteria in Table 1 of appendix C of this 
part.When evaluating the operability of equipment, the facility owner 
oroperator must consider limitations that are identified in the ACPs 
forthe COTP zones in which the facility operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, 
ortransports Group V petroleum oil must identify the response 
resourcesthat are available by contract or other approved means as 
described inSec. 154.1028. The equipment identified in a response 
planmust include--
    (1) Sonar, sampling equipment, or other methods for locating 
thepetroleum oil on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or othermethods 
for containing the petroleum oil that may remain floating onthe surface 
or to reduce spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recoverpetroleum 
oil from the bottom and shoreline;
    (4) Equipment necessary to assess the impact of such discharges;and

[[Page 366]]

    (5) Other appropriate equipment necessary to respond to adischarge 
involving the type of petroleum oil handled, stored, ortransported.
    (d) Response resources identified in a response plan for afacility 
that handles, stores, or transports Group V petroleum oilsunder 
paragraph (c) of this section must be capable of being at thespill site 
within 24 hours of discovery of a discharge.
    (e) A response plan for a facility that handles, stores, 
ortransports Group V petroleum oils must identify response resourceswith 
firefighting capability. The owner or operator of a facility thatdoes 
not have adequate firefighting resources located at the facilityor that 
can not rely on sufficient local firefighting resources mustidentity and 
ensure, by contract or other approved means as describedin Sec. 
154.1028, the availability of adequate firefightingresources. The 
response plan must also identify an individual locatedat the facility to 
work with the fire department for petroleum oilfires. This individual 
shall also verify that sufficient well-trainedfirefighting resources are 
available within a reasonable response timeto a worst case scenario. The 
individual may be the qualifiedindividual as defined in Sec. 154.1020 
and identified in theresponse plan or another appropriate individual 
located at thefacility.



Sec. 154.1050  Training.

    (a) A response plan submitted to meet the requirements ofSec. Sec. 
154.1035 or 154.1040, as appropriate, mustidentify the training to be 
provided to each individual withresponsibilities under the plan. A 
facility owner or operator mustidentify the method to be used for 
training any volunteers or casuallaborers used during a response to 
comply with the requirements of 29CFR 1910.120.
    (b) A facility owner or operator shall ensure the maintenance 
ofrecords sufficient to document training of facility personnel; 
andshall make them available for inspection upon request by the 
U.S.Coast Guard. Records for facility personnel must be maintained at 
thefacility for 3 years.
    (c) Where applicable, a facility owner or operator shall ensurethat 
an oil spill removal organization identified in a response planto meet 
the requirements of this subpart maintains records sufficientto document 
training for the organization's personnel and shall makethem available 
for inspection upon request by the facility'smanagement personnel, the 
qualified individual, and U.S. Coast Guard.Records must be maintained 
for 3 years following completion oftraining.
    (d) The facility owner or operator remains responsible forensuring 
that all private response personnel are trained to meet theOccupational 
Safety and Health Administration (OSHA) standards foremergency response 
operations in 29 CFR 1910.120.



Sec. 154.1055  Exercises.

    (a) A response plan submitted by an owner or operator of an 
MTRfacility must include an exercise program containing both 
announcedand unannounced exercises. The following are the minimum 
exerciserequirements for facilities covered by this subpart:
    (1) Qualified individual notification exercises (quarterly).
    (2) Spill management team tabletop exercises (annually). In a 3-year 
period, at least one of these exercises must include a worst 
casedischarge scenario.
    (3) Equipment deployment exercises:
    (i) Semiannually for facility owned and operated equipment.
    (ii) Annually for oil spill removal organization equipment.
    (4) Emergency procedures exercises (optional).
    (5) Annually, at least one of the exercises listed inSec. 
154.1055(a)(2) through (4) must be unannounced.Unannounced means the 
personnel participating in the exercise must notbe advised in advance, 
of the exact date, time and scenario of theexercise.
    (6) The facility owner or operator shall design the exerciseprogram 
so that all components of the response plan are exercised atleast once 
every 3 years. All of the components do not have to beexercised at one 
time; they may be exercised over the 3-year periodthrough the required 
exercises or through an Area exercise.
    (b) A facility owner or operator shall participate in 
unannouncedexercises,

[[Page 367]]

as directed by the COTP. The objectives of theunannounced exercises will 
be to test notifications and equipmentdeployment for response to the 
average most probable discharge. Afterparticipating in an unannounced 
exercise directed by a COTP, the owneror operator will not be required 
to participate in another COTPinitiated unannounced exercise for at 
least 3 years from the date ofthe exercise.
    (c) A facility owner or operator shall participate in Areaexercises 
as directed by the applicable On-Scene Coordinator. The Areaexercises 
will involve equipment deployment to respond to the spillscenario 
developed by the Exercise Design Team, of which the facilityowner or 
operator will be a member. After participating in an Areaexercise, a 
facility owner or operator will not be required toparticipate in another 
Area exercise for at least 6 years.
    (d) The facility owner or operator shall ensure that adequaterecords 
of all required exercises are maintained at the facility for 3years. 
Records shall be made available to the Coast Guard uponrequest.
    (e) The response plan submitted to meet the requirements of 
thissubpart must specify the planned exercise program. The plan 
mustdetail the exercise program, including the types of 
exercises,frequency, scope, objectives and the scheme for exercising the 
entireresponse plan every 3 years.
    (f) Compliance with the National Preparedness for ResponseExercise 
Program (PREP) Guidelines will satisfy the facility responseplan 
exercise requirements. These guidelines are available from theTASC DEPT 
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax:301-386-5394, 
stock number USCG-X0241). Compliance withan alternative program that 
meets the requirements of paragraph (a) ofthis section and has been 
approved under Sec. 154.1060 willalso satisfy the facility response 
plan exercise requirements.

    Note to paragraph (f): The PREP guidelines are availableonline at 
http://dmses.dot.gov/docimages/pdf1a/198001--web.pdf.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended byUSCGD-2003-15404, 
68 FR 37741, June 25, 2003]



Sec. 154.1057  Inspection and maintenance of response resources.

    (a) A facility owner or operator required to submit a responseplan 
under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other majorequipment 
listed or referenced in the plan are periodically inspectedand 
maintained in good operating condition, in accordance withmanufacturer's 
recommendations, and best commercial practices; and
    (2) All inspection and maintenance is documented and that 
theserecords are maintained for 3 years.
    (b) For equipment which must be inspected and maintained underthis 
section the Coast Guard may--
    (1) Verify that the equipment inventories exist as represented;
    (2) Verify the existences of records required under this section;
    (3) Verify that the records of inspection and maintenance reflectthe 
actual condition of any equipment listed or referenced; and
    (4) Inspect and require operational tests of equipment.
    (c) This section does not apply to containment booms, 
skimmers,vessels, and other major equipment listed or referenced in the 
planand ensured available from an oil spill removal organization 
throughthe written consent required under Sec. 154.1028(a)(5).



Sec. 154.1060  Submission and approval procedures.

    (a) The owner or operator of a facility to which this subpartapplies 
shall submit one copy of a facility response plan meeting 
therequirements of this subpart to the COTP for initial review and, 
ifappropriate, approval.
    (b) The owner or operator of a facility to which this subpartapplies 
shall include a statement certifying that the plan meets theapplicable 
requirements of subparts F, G, H, and I of this part, asappropriate.
    (c) For an MTR facility that is located in the inland responsezone 
where the EPA Regional Administrator is the predesignated FederalOn-
Scene Coordinator, the COTP may consult with the EPA Federal On-Scene 
Coordinator prior to any final approval.

[[Page 368]]

    (d) For an MTR facility identified inSec. 154.1015(c) of this 
subpart that is also required toprepare a response plan under 40 CFR 
part 112, if the COTP determinesthat the plan meets all applicable 
requirements and the EPA RegionalAdministrator raises no objection to 
the response plan contents, theCOTP will notify the facility owner or 
operator in writing that theplan is approved.
    (e) The plan will be valid for a period of up to 5 years. 
Thefacility owner or operator must resubmit an updated plan every 5 
yearsas follows:
    (1) For facilities identified in only Sec. 154.1015(b)of this 
subpart, the 5-year period will commence on the date the planis 
submitted to the COTP.
    (2) For facilities identified in Sec. 154.1015(c) ofthis subpart, 
the 5-year period will commence on the date the COTPapproves the plan.
    (3) All resubmitted response plans shall be accompanied by a 
coverletter containing a detailed listing of all revisions to the 
responseplan.
    (f) For an MTR facility identified in Sec. 154.1015(c)(2) the COTP 
will notify the facility owner or operator in writingthat the plan is 
approved.
    (g) If a COTP determines that a plan does not meet therequirements 
of this subpart either upon initial submission or upon 5-year 
resubmission, the COTP will return the plan to the facility owneror 
operator along with an explanation of the response plan'sdeficiencies. 
The owner or operator must correct any deficiencies inaccordance with 
Sec. 154.1070 and return the plan to theCOTP within the time specified 
by the COTP in the letter describingthe deficiencies.
    (h) The facility owner or operator and the qualified individualand 
the alternative qualified individual shall each maintain a copy ofthe 
most current response plan submitted to the COTP. One copy must 
bemaintained at the facility in a position where the plan is 
readilyavailable to persons in charge of conducting transfer operations.



Sec. 154.1065  Plan review and revision procedures.

    (a) A facility owner or operator must review his or her 
responseplan(s) annually. This review shall incorporate any revisions to 
theplan, including listings of fish and wildlife and 
sensitiveenvironments identified in the ACP in effect 6 months prior to 
planreview.
    (1) For an MTR facility identified in Sec. 154.1015(c)of this 
subpart as a ``significant and substantial harmfacility,'' this review 
must occur within 1 month of theanniversary date of COTP approval of the 
plan. For an MTR facilityidentified in Sec. 154.1015(b) of this 
subpart, as a``substantial harm facility'' this review must occurwithin 
1 month of the anniversary date of submission of the plan tothe COTP.
    (2) The facility owner or operator shall submit any revision(s) 
tothe response plan to the COTP and all other holders of the 
responseplan for information or approval, as appropriate.
    (i) Along with the revisions, the facility owner or operator 
shallsubmit a cover letter containing a detailed listing of all 
revisionsto the response plan.
    (ii) If no revisions are required, the facility owner or 
operatorshall indicate the completion of the annual review on the record 
ofchanges page.
    (iii) The COTP will review the revision(s) submitted by the owneror 
operator and will give written notice to the owner or operator ofany 
COTP objection(s) to the proposed revisions within 30 days of thedate 
the revision(s) were submitted to the COTP. The revisions shallbecome 
effective not later than 30 days from their submission to theCOTP unless 
the COTP indicates otherwise in writing as provided inthis paragraph. If 
the COTP indicates that the revision(s) need to bemodified before 
implementation, the owner or operator will modify therevision(s) within 
the time period set by the COTP.
    (3) Any required revisions must be entered in the plan and notedon 
the record of changes page.
    (b) The facility owner or operator shall submit revisions to 
apreviously submitted or approved plan to the COTP and all otherholders 
of the response plan for information or approval within 30days, whenever 
there is--
    (1) A change in the facility's configuration that 
significantlyaffects the information included in the response plan;

[[Page 369]]

    (2) A change in the type of oil (petroleum oil group)handled, 
stored, or transported that affects the required responseresources;
    (3) A change in the name(s) or capabilities of the oil spillremoval 
organization required by Sec. 154.1045;
    (4) A change in the facility's emergency response procedures;
    (5) A change in the facility's operating area that includes portsor 
geographic area(s) not covered by the previously approved plan. 
Afacility may not operate in an area not covered in a plan 
previouslysubmitted or approved, as appropriate, unless the revised plan 
isapproved or interim operating approval is received underSec. 
154.1025; or
    (6) Any other changes that significantly affect the implementationof 
the plan.
    (c) Except as required in paragraph (b) of this section, revisionsto 
personnel and telephone number lists included in the response plando not 
require COTP approval. The COTP and all other holders of theresponse 
plan shall be advised of these revisions and provided a copyof the 
revisions as they occur.
    (d) The COTP may require a facility owner or operator to revise 
aresponse plan at any time as a result of a compliance inspection ifthe 
COTP determines that the response plan does not meet therequirements of 
this subpart or as a result of inadequacies noted inthe response plan 
during an actual pollution incident at the facility.



Sec. 154.1070  Deficiencies.

    (a) The cognizant COTP will notify the facility owner or operatorin 
writing of any deficiencies noted during review of a response 
plan,drills observed by the Coast Guard, or inspection of equipment 
orrecords maintained in connection with this subpart.
    (b) Deficiencies shall be corrected within the time periodspecified 
in the written notice provided by the COTP. The facilityowner or 
operator who disagrees with a deficiency issued by the COTPmay appeal 
the deficiency to the cognizant COTP within 7 days or thetime specified 
by the COTP to correct the deficiency, whichever isless. This time 
commences from the date of receipt of the COTP notice.The owner or 
operator may request a stay from the COTP decisionpending appeal in 
accordance with Sec. 154.1075.
    (c) If the facility owner or operator fails to correct 
anydeficiencies or submit a written appeal, the COTP may invoke 
theprovisions of Sec. 154.1025 prohibiting the facility fromstoring, 
handling, or transporting oil.



Sec. 154.1075  Appeal process.

    (a) Any owner or operator of a facility who desires to appeal 
theclassification that a facility could reasonably be expected to 
causesubstantial harm or significant and substantial harm to 
theenvironment, shall submit a written request to the cognizant 
COTPrequesting review and reclassification by the COTP. The facility 
owneror operator shall identify those factors to be considered by the 
COTP.The factors to be considered by the COTP regarding reclassification 
ofa facility include, but are not limited to, those listed inSec. 
154.1016(b). After considering all relevant materialpresented by the 
facility owner or operator and any additionalmaterial available to the 
COTP, the COTP will notify the facilityowner or operator of the decision 
on the reclassification of thefacility.
    (b) Any facility owner or operator directly affected by an 
initialdetermination or action of the COTP may submit a written request 
tothe cognizant COTP requesting review and reconsideration of the 
COTP'sdecision or action. The facility owner or operator shall 
identifythose factors to be considered by the COTP in making his or 
herdecision on reconsideration.
    (c) Within 10 days of the COTP's decision under paragraph (b) ofthis 
section, the facility owner or operator may appeal the decisionof the 
COTP to the District Commander. This appeal shall be made inwriting via 
the cognizant COTP to the District Commander of thedistrict in which the 
office of the COTP is located.
    (d) Within 30 days of the District Commander's decision, thefacility 
owner or operator may formally appeal the decision of theDistrict 
Commander. This appeal shall be submitted in writing toCommandant (G-
MOR) via the District Commander.

[[Page 370]]

    (e) When considering an appeal, the COTP, District Commander,or 
Commandant may stay the effect of the decision or action beingappealed 
pending the determination of the appeal.

[CGD 91-036, 61 FR 7930, Feb. 29, 1996, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996]



   Subpart G_Additional Response Plan Requirements for aTrans-Alaska 
 Pipeline Authorization Act (TAPAA) Facility Operating inPrince William 
                              Sound, Alaska

    Source: CGD 91-036, 61 FR 7930, Feb. 29, 1996,unless otherwise 
noted.



Sec. 154.1110  Purpose and applicability.

    (a) This subpart establishes oil spill response planningrequirements 
for a facility permitted under the Tans-Alaska PipelineAuthorization Act 
(TAPAA), in addition to the requirements of subpartF of this part. The 
requirements of this subpart are intended for usein developing response 
plans and identifying response resources duringthe planning process. 
They are not performance standards.
    (b) The information required by this subpart must be included inthe 
Prince William Sound facility-specific appendix to the facilityresponse 
plan required by subpart F of this part.



Sec. 154.1115  Definitions.

    In addition to the definitions in this section, the definitions 
inSec. Sec. 154.105 and 154.1020 apply to this subpart. Asused in this 
subpart--
    Crude oil means any liquid hydrocarbon mixture occurringnaturally in 
the earth, whether or not treated to render it suitablefor 
transportation, and includes crude oil from which certaindistillate 
fractions may have been removed, and crude oil to whichcertain 
distillate fractions may have been added.
    Non-crude oil means any oil other than crude oil.
    Prince William Sound means all State and Federal waterswithin Prince 
William Sound, Alaska, including the approach toHinchinbrook Entrance 
out to and encompassing Seal Rocks.



Sec. 154.1120  Operating restrictions and interim operating authorization.

    (a) The owner or operator of a TAPAA facility may not operate 
inPrince William Sound, Alaska, unless the requirements of this 
subpartas well as Sec. 154.1025 have been met. The owner oroperator of 
a TAPAA facility shall certify to the COTP that he or shehas provided, 
through an oil spill removal organization required bySec. 154.1125, the 
necessary response resources to remove,to the maximum extend 
practicable, a worst case discharge or adischarge of 200,000 barrels of 
oil, whichever is grater, in PrinceWilliam Sound.
    (b) Coast Guard approval of a TAPAA facility response plan 
iseffective only so long as the appropriate Regional Citizens 
AdvisoryCouncil(s) is funded pursuant to the requirements of section 
5002(k)of the Oil Pollution Act of 1990 (Pub. L. 101-380; 104 Stat.484, 
550).



Sec. 154.1125  Additional response plan requirements.

    (a) The owner or operator of a TAPAA facility shall include 
thefollowing information in the Prince William Sound appendix to 
theresponse plan required by subpart F of this part:
    (1) Oil spill removal organization. Identification of an oilspill 
removal organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, 
includingtraining in the operation of prepositioned equipment for 
personnel,including local residents and fishermen, from the following 
locationsin Prince William Sound:
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;
    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, 
EstherIsland, Cannery Creek, and Solomon Gulch.
    (iii) Provide a plan for training, in addition to the 
personnellisted in paragraph (a)(1)(ii) of this section, sufficient 
numbers oftrained personnel to remove, to the maximum extent 
practicable, aworst case discharge; and
    (iv) Address the responsibilities required inSec. 
154.1035(b)(3)(iii).

[[Page 371]]

    (2) Exercises. Identification of exercise proceduresthat must--
    (i) Provide for two exercises of the oil spill removalorganization 
each year that test the ability of the prepositionedequipment and 
trained personnel required under this subpart to performeffectively;
    (ii) Consist of both announced and unannounced drills; and
    (iii) Include design(s) for exercises that test either the 
entireappendix or individual components(s).
    (3) Testing, inspection, and certification. Identificationof a 
testing, inspecting, and certification program for theprepositioned 
response equipment required in Sec. 154.1130that must provide for--
    (i) Annual testing and equipment inspection in accordance with 
themanufacturer's recommended procedures, to include--
    (A) Start-up and running under load all electrical motors, 
pumps,power packs, air compressors, internal combustion engines, and 
oilrecovery devices; and
    (B) Removal for inspection of no less than one-third of requiredboom 
from storage annually, such that all boom will have been removedand 
inspected within a period of 3 years; and
    (ii) Records of equipment tests and inspection.
    (iii) Use of an independent entity to certify that the equipmentis 
on-site and in good operating condition and that required tests 
andinspection have been preformed. The independent entity must 
haveappropriate training and expertise to provide this certification.
    (4) Prepositioned response equipment. Identification andlocation of 
the prepositioned response equipment required inSec. 154.1130 including 
the make, model, and effective dailyrecovery rate of each oil recovery 
resource.
    (b) The owner or operator of a TAPAA facility shall submit to 
theCOTP a schedule for the training and drills required by 
thegeographic-specific appendix for Prince William Sound for 
thefollowing calendar year.
    (c) All records required by this section must be available 
forinspection by the COTP.



Sec. 154.1130  Requirements for prepositioned response equipment.

    The owner or operator of a TAPAA facility shall provide thefollowing 
prepositioned response equipment, located within PrinceWilliam Sound, in 
addition to that required bySec. Sec. 154.1035, 154.1045, or 154.1050:
    (a) On-water recovery equipment with a minimum effective 
dailyrecovery rate of 30,000 barrels capable of being a scene within 
2hours of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels for recoveredoily 
material capable of being on scene within 2 hours of notificationof a 
discharge.
    (c) On-water recovery equipment with a minimum effective 
dailyrecovery rate of 40,000 barrels capable of being on scene within 
18hours of notification of discharge.
    (d) On-water storage capacity of 300,000 barrels for recoveredoily 
material capable of being on scene within 12 hours ofnotification of a 
discharge.
    (e) On-water recovery devices and storage equipment located 
incommunities at strategic locations.
    (f) Equipment as identified below, for the locations identified 
inSec. 154.1125(a)(1)(ii) sufficient for the protection of 
theenvironment in these locations:
    (1) Boom appropriate for the specific locations.
    (2) Sufficient boats to deploy boom and sorbents.
    (3) Sorbent materials.
    (4) Personnel protective clothing and equipment.
    (5) Survival equipment.
    (6) First aid supplies.
    (7) Buckets, shovels, and various other tools.
    (8) Decontamination equipment.
    (9) Shoreline cleanup equipment.
    (10) Mooring equipment.
    (11) Anchored buoys at appropriate locations to facilitate 
thepositioning of defensive boom.
    (12) Other appropriate removal equipment for the protection of 
theenvironment as identified by the COTP.

[[Page 372]]



Sec. 154.1135  Response plan development and evaluation criteria.

    The following response times must be used in determining the onscene 
arrival time in Prince William Sound for the response resourcesrequired 
by Sec. 154.1045:

------------------------------------------------------------------------
                                                Tier 1    Tier    tier 3
                                                (hrs.)  2(hrs.)   (hrs.)
------------------------------------------------------------------------
Prince William Sound Area....................       12       24       36
------------------------------------------------------------------------



Sec. 154.1140  TAPAA facility contracting with a vessel.

    The owner or operator of a TAPAA facility may contract with avessel 
owner or operator to meet some of all of the requirements ofsubpart G of 
part 155 of this chapter. The extent to which theserequirements are met 
by the contractual arrangement will be determinedby the COTP.



  Subpart H_Response Plans for Animal Fats and Vegetable OilsFacilities

    Source: CGD 91-036, 61 FR 7931, Feb. 29, 1996,unless otherwise 
noted.



Sec. 154.1210  Purpose and applicability.

    (a) The requirements of this subpart are intended for use 
indeveloping response plans and identifying response resources duringthe 
planning process. They are not performance standards.
    (b) This subpart establishes oil spill response planningrequirements 
for an owner or operator of a facility that handles,stores, or 
transports animal fats or vegetable oils including--
    (1) A fixed MTR facility capable of transferring oil in bulk, toor 
from a vessel with a capacity of 250 barrels or more; and
    (2) A mobile MTR facility used or intended to be used to transferoil 
to or from a vessel with a capacity of 250 barrels or more.

[USCG-1999-5149, 65 FR 40825, June 30, 2000]



Sec. 154.1216  Facility classification.

    (a) The Coast Guard classifies facilities that handle, store, 
ortransport animal fats or vegetable oils as ``substantialharm'' 
facilities because they may cause substantial harm to theenvironment by 
discharging oil.
    (b) The COTP may change the classification of a facility 
thathandles, stores, or transports animal fats or vegetable oils. The 
COTPmay consider the following factors, and any other relevant 
factors,before changing the classification of a facility:
    (1) The type and quantity of oils handled.
    (2) The spill history of the facility.
    (3) The age of the facility.
    (4) The public and commercial water supply intakes near thefacility.
    (5) The navigable waters near the facility. Navigable watersis 
defined in 33 CFR part 2.36.
    (6) The fish, wildlife, and sensitive environments near thefacility.

[USCG-1999-5149, 65 FR 40825, June 30, 2000, asamended by USCG-2008-
0179, 73 FR 35014, June 19, 2008]



Sec. 154.1220  Response plan submission requirements.

    (a) The owner or operator of an MTR facility identified inSec. 
154.1216 as a substantial harm facility, shall prepareand submit to the 
cognizant COTP a response plan that complies withthis subpart and all 
sections of subpart F of this part, asappropriate, except Sec. Sec. 
154.1015, 154.1016,154.1017, 154.1028, 154.1045 and 154.1047.
    (b) The owner or operator of an MTR facility classified by theCOTP 
under Sec. 154.1216(b) as a significant and substantialharm facility, 
shall prepare and submit for review and approval of thecognizant COTP a 
response plan that complies with this subpart and allsections of subpart 
F of this part, as appropriate, exceptSec. Sec. 154.1015, 154.1016, 
154.1017, 154.1028, 154.1045and 154.1047.
    (c) In addition to the requirements in paragraph (a) of thissection, 
the response plan for a mobile MTR facility must meet therequirements of 
Sec. 154.1041 subpart F.

[USCG-1999-5149, 65 FR 40825, June 30, 2000]

[[Page 373]]



Sec. 154.1225  Specific response plan development and evaluation criteria andother requirements for fixed facilities that handle, store, ortransport animal 
          fats or vegetable oils.

    (a) The owner or operator of a fixed facility that handles,stores, 
or transports animal fats or vegetable oils must includeinformation in 
the response plan that identifies--
    (1) The procedures and strategies for responding to a worst 
casedischarge and to an average most probable discharge of an animal 
fator vegetable oil to the maximum extent practicable; and
    (2) Sources of the equipment and supplies necessary to 
locate,recover, and mitigate such a discharge.
    (b) The owner or operator of a fixed facility must ensure 
theequipment listed in the response plan will operate in the 
geographicarea(s) where the facility operates. To determine if the 
equipmentwill operate, the owner or operator must--
    (1) Use the criteria in Table 1 and Section 2 of appendix C ofthis 
part; and
    (2) Consider the limitations in the area contingency plan for 
theCOTP zone where the facility is located, including
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges; and
    (iv) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, 
ortransports animal fats or vegetable oils must name the personnel 
andlist the equipment, including those that are specified inSec. 
154.1240, that are available by contract or by a methoddescribed in 
Sec. 154.1228(a). The owner or operator is notrequired, but may at 
their option, refer to the tables inEnvironmental Protection Agency 
regulations, 40 CFR 112, Appendix E,Section 10.0, Tables 6 and 7, to 
determine necessary responseresources.
    (d) The owner or operator of a facility that handles, stores, 
ortransports animal fats or vegetable oils must ensure that the 
responseresources in paragraph (c) of this section are able to 
effectivelyrespond to an incident within the amount of time indicated in 
thefollowing table, unless otherwise specified inSec. 154.1240:

------------------------------------------------------------------------
                                   Tier 1
                                   (hrs.)       Tier 2         Tier 3
------------------------------------------------------------------------
Higher volume port area........          6  N/A            N/A.
Great Lakes....................         12  N/A            N/A.
All other river and canal,              12  N/A            N/A.
 inland, nearshore, and
 offshoreareas.
------------------------------------------------------------------------

    (e) The owner or operator of a facility that handles, stores, 
ortransports animal fats or vegetable oils must--
    (1) List in the plan the personnel and equipment that the owner 
oroperator will use to fight fires.
    (2) If there is not enough equipment or personnel located at 
thefacility, arrange by contract or a method described inSec. 
154.1228(a), or through a cooperative agreement withpublic fire-fighting 
resources, to have the necessary personnel andequipment available to 
fight fires.
    (3) Identify an individual located at the facility who will workwith 
the fire department on fires, involving an animal fat orvegetable oil. 
The individual--
    (i) Verifies that there are enough trained personnel and 
operatingequipment within a reasonable distance to the incident to fight 
fires.
    (ii) Can be the qualified individual defined inSec. 154.1020 or an 
appropriate individual located at thefacility.
    (f) For a fixed facility, except for facilities that are part of 
anon-transportation-related fixed onshore facility with a 
storagecapacity of less than 42,000 gallons, the owner or operator must 
alsoensure and identify, through contract or a method described inSec. 
154.1228, response resources for an average mostprobable discharge, 
including--
    (1) At least 1,000 feet of containment boom or two times thelength 
of the longest vessel that regularly conducts operations at thefacility, 
whichever is greater, and the means of deploying andanchoring the boom 
within 1 hour of the discovery of an incident.Based on site-specific or 
facility-specific information, the COTP mayrequire the facility owner or 
operator to make

[[Page 374]]

availableadditional quantities of containment boom within 1 hour of 
anincident;
    (2) Adequate sorbent material located at the facility;
    (3) Oil recovery devices and recovered oil storage capacitycapable 
of being at the incident's site within 2 hours of thediscovery of an 
incident; and
    (4) Other appropriate equipment necessary to respond to anincident 
involving the type of oil handled.
    (g) For a mobile facility or a fixed facility that is part of anon-
transportation-related onshore facility with a storage capacity ofless 
than 42,000 gallons, the owner or operator must meet therequirements of 
Sec. 154.1041, and ensure and identify,through contract or a method 
described in Sec. 154.1228,response resources for an average most 
probable discharge,including--
    (1) At least 200 feet of containment boom and the means ofdeploying 
and anchoring the boom within 1 hour of the discovery of anincident. 
Based on site-specific or facility-specific information, theCOTP may 
require the facility owner or operator to make availableadditional 
quantities of containment boom within 1 hour of thediscovery of an 
incident;
    (2) Adequate sorbent material capable of being at the site of 
anincident within 1 hour of its discovery;
    (3) Oil recovery devices and recovered oil storage capacitycapable 
of being at incident's site within 2 hours of the discovery ofan 
incident; and
    (4) Other equipment necessary to respond to an incident involvingthe 
type of oil handled.
    (h) The response plan for a facility that is located in 
anyenvironment with year-round preapproval for use of dispersants 
andthat handles, stores, or transports animal fats and vegetables 
oilsmay request a credit for up to 25 percent of the worst case 
planningvolume set forth by subpart F of this part. To receive this 
credit,the facility owner or operator must identify in the plan and 
ensure,by contract or other approved means as described inSec. 
154.1228(a), the availability of specified resources toapply the 
dispersants and to monitor their effectiveness. The extentof the credit 
for dispersants will be based on the volumes of thedispersants available 
to sustain operations at the manufacturers'recommended dosage rates. 
Other spill mitigation techniques, includingmechanical dispersal, may be 
identified in the response plan providedthey are in accordance with the 
NCP and the applicable ACP. Resourcesidentified for plan credit should 
be capable of being on scene within12 hours of a discovery of a 
discharge. Identification of theseresources does not imply that they 
will be authorized for use. Actualauthorization for use during a spill 
response will be governed by theprovisions of the NCP and the applicable 
ACP.

[CGD 91-036, 61 FR 7931, Feb. 29, 1996, as amended byUSCG-1999-5149, 65 
FR 40826, June 30, 2000]



Sec. 154.1228  Methods of ensuring the availability of response resources bycontract or other approved means.

    (a) When required in this subpart, the availability of 
responseresources must be ensured by the following methods:
    (1) The identification of an oil spill removal organization 
withspecified equipment and personnel available within stipulated 
responsetimes in specified geographic areas. The organization must 
providewritten consent to being identified in the plan;
    (2) A document which--
    (i) Identifies the personnel, equipment, and services capable 
ofbeing provided by the oil spill removal organization within 
stipulatedresponse times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spillremoval 
organization intends to commit the resources in the event of aresponse;
    (iii) Permits the Coast Guard to verify the availability of 
theidentified response resources through tests, inspections, and drills;
    (iv) Is referenced in the response plan;
    (3) Active membership in a local or regional oil spill 
removalorganization that has identified specified personnel and 
equipmentrequired under this subpart that are available to response to 
adischarge within stipulated response times in the specified 
geographicareas;
    (4) Certification by the facility owner or operator that 
specifiedpersonnel

[[Page 375]]

and equipment required under this subpart are owned,operated, or under 
the direct control of the facility owner oroperator, and are available 
within stipulated response times in thespecified geographic areas; or
    (5) A written contractual agreement with an oil spill 
removalorganization. The agreement must identify and ensure the 
availabilityof specified personnel and equipment required under this 
subpartwithin stipulated response times in the specified geographic 
areas.
    (b) The contracts and documents required in paragraph (a) of 
thissection must be retained at the facility and must be produced 
forreview upon request by the COTP.



Sec. 154.1240  Specific requirements for animal fats and vegetable oilsfacilities that could reasonably be expected to cause substantial harmto the 
          environment.

    (a) The owner or operator of a facility, classified underSec. 
154.1216 as a facility that could reasonably beexpected to cause 
substantial harm to the environment, must submit aresponse plan that 
meets the requirements of Sec. 154.1035,except as modified by this 
section.
    (b) The plan does not need to list the facility or 
corporateorganizational structure that the owner or operator will use to 
managethe response, as required by Sec. 154.1035(b)(3)(iii).
    (c) The owner or operator must ensure and identify, by contract ora 
method described in Sec. 154.1228, that the responseresources required 
under Sec. 154.1035(b)(3)(iv) areavailable for a worst case discharge.

[USCG-1999-5149, 65 FR 40827, June 30, 2000]



     Subpart I_Response Plans for Other Non-Petroleum OilFacilities

    Source: CGD 91-036, 61 FR 7932, Feb. 29, 1996,unless otherwise 
noted.



Sec. 154.1310  Purpose and applicability.

    This subpart establishes oil spill response planning requirementsfor 
an owner or operator of a facility that handles, stores, ortransports 
other non-petroleum oils. The requirements of this subpartare intended 
for use in developing response plans and identifyingresponse resources 
during the planning process. They are notperformance standards.



Sec. 154.1320  Response plan submission requirements.

    An owner or operator of a facility that handles, stores, 
ortransports other non-petroleum oils shall submit a response plan 
inaccordance with the requirements of this subpart, and with allsections 
of subpart F of this part, exceptSec. Sec. 154.1045 and 154.1047, which 
apply to petroleumoils.



Sec. 154.1325  Response plan development and evaluation criteria for facilitiesthat handle, store, or transport other non-petroleum oils.

    (a) An owner or operator of a facility that handles, stores, 
ortransports other non-petroleum oils must provide information in his 
orher plan that identifies--
    (1) Procedures and strategies for responding to a worst 
casedischarge of other non-petroleum oils to the maximum 
extentpracticable; and
    (2) Sources of the equipment and supplies necessary to 
locate,recover, and mitigate such a discharge.
    (b) An owner or operator of a facility that handles, stores, 
ortransports other non-petroleum oils must ensure that any 
equipmentidentified in a response plan is capable of operating in 
theconditions expected in the geographic area(s) in which the 
facilityoperates using the criteria in Table 1 of appendix C of this 
part.When evaluating the operability of equipment, the facility owner 
oroperator must consider limitations that are identified in the ACPs 
forthe COTP zone in which the facility is located, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a facility that handles, stores, 
ortransports other non-petroleum oils must identify the 
responseresources that are available by contract or other approved means 
asdescribed in Sec. 154.1028(a). The equipment identified in aresponse 
plan must include--
    (1) Containment boom, sorbent boom, or other methods forcontaining 
oil

[[Page 376]]

floating on the surface or to protect shorelinesfrom impact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oils handled; and
    (3) Other appropriate equipment necessary to respond to adischarge 
involving the type of oil handled.
    (d) Response resources identified in a response plan underparagraph 
(c) of this section must be capable of commencing aneffective on-scene 
response within the times specified in thisparagraph for the applicable 
operating area:

------------------------------------------------------------------------
                                                    Tier 1   Tier   Tier
                                                    (hrs.)    2      3
------------------------------------------------------------------------
Higher volume port area...........................       6    N/A    N/A
Great Lakes.......................................      12    N/A    N/A
All other river and canal, inland, nearshore, and       12    N/A    N/A
 offshoreareas....................................
------------------------------------------------------------------------

    (e) A response plan for a facility that handles, stores, 
ortransports other non-petroleum oils must identify response 
resourceswith firefighting capability. The owner or operator of a 
facility thatdoes not have adequate firefighting resources located at 
the facilityor that cannot rely on sufficient local firefighting 
resources mustidentify and ensure, by contract or other approved means 
as describedin Sec. 154.1028(a), the availability of 
adequatefirefighting resources. The response plan must also identify 
anindividual located at the facility to work with the fire department 
onother non-petroleum oil fires. This individual shall also verify 
thatsufficient well-trained firefighting resources are available within 
areasonable response time to a worst case scenario. The individual maybe 
the qualified individual as defined in Sec. 154.1020 andidentified in 
the response plan or another appropriate individuallocated at the 
facility.
    (f) The response plan for a facility that is located in 
anyenvironment with year-round preapproval for use of dispersants 
andthat handles, stores, or transports other non-petroleum oils 
mayrequest a credit for up to 25 percent of the worst case 
planningvolume set forth by subpart F of this part. To receive this 
credit,the facility owner or operator must identify in the plan and 
ensure,by contract or other approved means as described inSec. 
154.1028(a), the availability of specified resources toapply the 
dispersants and to monitor their effectiveness. The extentof the credit 
will be based on the volumes of the dispersant availableto sustain 
operations at the manufacturers' recommended dosage rates.Identification 
of these resources does not imply that they will beauthorized for use. 
Actual authorization for use during a spillresponse will be governed by 
the provisions of the NCP and theapplicable ACP.



  Sec. Appendix A to Part 154--Guidelinesfor Detonation Flame Arresters

    This appendix contains the draft ASTM standard for detonationflame 
arresters. Devices meeting this standard will be accepted by 
theCommandant (G-MSO).
    1. Scope
    1.1 This standard provides the minimum requirements fordesign, 
construction, performance and testing of detonation flamearresters.
    2. Intent
    2.1 This standard is intended for detonation flame 
arrestersprotecting systems containing vapors of flammable or 
combustibleliquids where vapor temperatures do not exceed 60 [deg]C. For 
alltests, the test media defined in 14.1.1 can be used except 
wheredetonation flame arresters protect systems handling vapors with 
amaximum experimental safe gap (MESG) below 0.9 millimeters. 
Detonationflame arresters protecting such systems must be tested 
withappropriate media (the same vapor or a media having a MESG no 
greaterthan the vapor). Various gases and their respective MESG are 
listed inattachment 1.
    2.2 The tests in this standard are intended to qualifydetonation 
flame arresters for all in-line applications independent ofpiping 
configuration provided the operating pressure is equal to orless than 
the maximum operating pressure limit specified in themanufacturer's 
certification and the diameter of the piping system inwhich the 
detonation arrester is to be installed is equal to or lessthan the 
piping diameter used in the testing.

    Note: Detonation flame arresters meeting this standard asType I 
devices, which are certified to be effective below 0 [deg]Cand which can 
sustain three stable detonations without being damagedor permanently 
deformed, also comply with the minimum requirements ofthe International 
Maritime Organization, Maritime Safety CommitteeCircular No. 373 (MSC/
Circ. 373/Rev.1).

    3. Applicable Documents

[[Page 377]]

    3.1 ASTM Standards \1\
---------------------------------------------------------------------------

    \1\ Footnotes appear at the end of this article.

A395 Ferritic Ductile Iron Pressure-Retaining Castings For Use 
AtElevated Temperatures.
F722 Welded Joints for Shipboard Piping Systems
F1155 Standard Practice for Selection and Application of PipingSystem 
Materials
    3.2 ANSI Standards \2\

B16.5 Pipe Flanges and Flanged Fittings.

    3.3 Other Documents
    3.3.1 ASME Boiler and Pressure Vessel Code \2\

Section VIII, Division 1, Pressure Vessels
Section IX, Welding and Brazing Qualifications.

    3.3.2 International Maritime Organization, Maritime SafetyCommittee 
\3\

MSC/Circ. 373/Rev. 1--Revised Standards for the Design,Testing and 
Locating of Devices to Prevent the Passage of Flame intoCargo Tanks in 
Tankers.

    3.3.3 International Electrotechnical Commission \4\

Publication 79-1--Electrical Apparatus for ExplosiveGas Atmospheres.

    4. Terminology
    4.1 [Delta] P/Po--The dimensionlessratio, for any 
deflagration and detonation test of 14.3, of themaximum pressure 
increase (the maximum pressure minus the initialpressure), as measured 
in the piping system on the side of thearrester where ignition begins by 
the device described in paragraph14.3.3, to the initial absolute 
pressure in the piping system. Theinitial pressure should be greater 
than or equal to the maximumoperating pressure specified in paragraph 
11.1.7.
    4.2 Deflagration--A combustion wave that propagatessubsonically (as 
measured at the pressure and temperature of the flamefront) by the 
transfer of heat and active chemical species to theunburned gas ahead of 
the flame front.
    4.3 Detonation--A reaction in a combustion wavepropagating at sonic 
or supersonic (as measured at the pressure andtemperature of the flame 
front) velocity. A detonation is stable whenit has a velocity equal to 
the speed of sound in the burnt gas or maybe unstable (overdriven) with 
a higher velocity and pressure.
    4.4 Detonation flame arrester--A device which preventsthe 
transmission of a detonation and a deflagration.
    4.5 Flame speed--The speed at which a flame propagatesalong a pipe 
or other system.
    4.6 Flame Passage--The transmission of a flame througha device.
    4.7 Gasoline Vapors--A non-leaded petroleum distillateconsisting 
essentially of aliphatic hydrocarbon compounds with aboiling range 
approximating 65 [deg]C/75 [deg]C.
    5. Classification
    5.1 The two types of detonation flame arresters covered inthis 
specification are classified as follows:
    5.1.1 Type I--Detonation flame arresters acceptablefor applications 
where stationary flames may rest on the device.
    5.1.2 Type II--Detonation flame arresters acceptablefor applications 
where stationary flames are unlikely to rest on thedevice, and further 
methods are provided to prevent flame passage whena stationary flame 
occurs. One example of ``furthermethods'' is a temperature monitor and 
an automatic shutoffvalve.
    6. Ordering Information
    6.1 Orders for detonation flame arresters under thisspecification 
shall include the following information as applicable:
    6.1.1 Type (I or II).
    6.1.2 Nominal pipe size.
    6 1.3 Each gas or vapor in the system and the correspondingMESG.
    6.1.4 Inspection and tests other than specified by thisstandard.
    6.1.5 Anticipated ambient air temperature range.
    6.1.6 Purchaser's inspection requirements (see section10.1).
    6.1.7 Description of installation.
    6.1.8 Materials of construction (see section 7).
    6.1.9 Maximum flow rate and the maximum design pressure dropfor that 
maximum flow rate.
    6.1.10 Maximum operating pressure.
    7. Materials
    7.1 The detonation flame arrester housing, and other partsor bolting 
used for pressure retention, shall be constructed ofmaterials listed in 
ASTM F 1155 (incorporated by reference, seeSec. 154.106), or section 
VIII, Division 1 of the ASMEBoiler and Pressure Vessel Code. Cast and 
malleable iron shall not beused; however, ductile cast iron in 
accordance with ASTM A395 may beused.
    7.1.1 Arresters, elements, gaskets, and seals must be madeof 
materials resistant to attack by seawater and the liquids andvapors 
contained in the system being protected (see section 6.1.3).
    7.2 Nonmetallic materials, other than gaskets and seals,shall not be 
used in the construction of pressure retaining componentsof the 
detonation flame arrester.
    7.2.1 Nonmetallic gaskets and seals shall be non-combustibleand 
suitable for the service intended.
    7.3 Bolting materials, other than that of section 7.1, shallbe at 
least equal to those listed in Table 1 of ANSI B16.5.

[[Page 378]]

    7.4 The possibility of galvanic corrosion shall beconsidered in the 
selection of materials.
    7.5 All other parts shall be constructed of materialssuitable for 
the service intended.
    8. Other Requirements
    8.1 Detonation flame arrester housings shall be gas tight toprevent 
the escape of vapors.
    8.2 Detonation flame arrester elements shall fit in thehousing in a 
manner that will insure tightness of metal-to-metalcontacts in such a 
way that flame cannot pass between the element andthe housing.
    8.2.1 The net free area through detonation flame arresterelements 
shall be at least 1.5 times the cross-sectional area of thearrester 
inlet.
    8.3 Housings, elements, and seal gasket materials shall becapable of 
withstanding the maximum and minimum pressures andtemperatures to which 
the device may be exposed under both normal andthe specified fire test 
conditions in section 14, and shall be capableof withstanding the 
hydrostatic pressure test of section 9.2.3.
    8.4 Threaded or flanged pipe connections shall comply withthe 
applicable B16 standards in ASTM F 1155 (incorporated byreference, see 
Sec. 154.106). Welded joints shall complywith ASTM F 722 (incorporated 
by reference, seeSec. 154.106).
    8.5 All flat joints of the housing shall be machined trueand shall 
provide for a joint having adequate metal-to-metal contact.
    8.6 Where welded construction is used for pressure 
retainingcomponents, welded joint design details, welding and non-
destructivetesting shall be in accordance with Section VIII, Division 1, 
of theASME Code and ASTM F 722 (incorporated by reference, seeSec. 
154.106). Welders and weld procedures shall bequalified in accordance 
with section IX of the ASME Code.
    8.7 The design of detonation flame arresters shall allow forease of 
inspection and removal of internal elements for replacement,cleaning or 
repair without removal of the entire device from thesystem.
    8.8 Detonation flame arresters shall allow for efficientdrainage of 
condensate without impairing their efficiency to preventthe passage of 
flame. The housing may be fitted with one or more drainplugs for this 
purpose. The design of a drain plug should be such sothat by cursory 
visual inspection it is obvious whether the drain hasbeen left open.
    8.9 All fastenings shall be protected against loosening.
    8.10 Detonation flame arresters shall be designed andconstructed to 
minimize the effect of fouling under normal operatingconditions.
    8.11 Detonation flame arresters shall be capable ofoperating over 
the full range of ambient air temperatures anticipated.
    8.12 Detonation flame arresters shall be of first classworkmanship 
and free from imperfections which may affect theirintended purpose.
    8.13 Detonation flame arresters shall be tested inaccordance with 
section 9.
    9. Tests
    9.1 Tests shall be conducted by an independent laboratorycapable of 
performing the tests. The manufacturer, in choosing alaboratory, accepts 
that it is a qualified independent laboratory bydetermining that it has 
(or has access to) the apparatus, facilities,personnel, and calibrated 
instruments that are necessary to testdetonation flame arresters in 
accordance with this standard.
    9.1.1 A test report shall be prepared by the laboratorywhich shall 
include:
    9.1.1.1 Detailed drawings of the detonation flame arresterand its 
components (including a parts list identifying the materialsof 
construction).
    9.1.1.2 Types of tests conducted and results obtained. Thisshall 
include the maximum temperature reached and the length oftesting time in 
section 14.2 in the case of Type II detonation flamearresters.
    9.1.1.3 Description of approved attachments (reference9.2.6).
    9.1.1.4 Types of gases or vapors for which the detonationflame 
arrester is approved.
    9.1.1.5 Drawings of the test rig.
    9.1.1.6 Record of all markings found on the testeddetonation flame 
arrester.
    9.1.1.7 A report number.
    9.2 One of each model Type I and Type II detonation flamearrester 
shall be tested. Where approval of more than one size of adetonation 
flame arrester model is desired, only the largest andsmallest sizes need 
be tested provided it is demonstrated bycalculation and/or other testing 
that intermediate size devices haveequal or greater strength to 
withstand the force of a detonation andhave equivalent detonation 
arresting characteristics. A change ofdesign, material, or construction 
which may affect the corrosionresistance, or ability to resist endurance 
burning, deflagrations ordetonations shall be considered a change of 
model for the purpose ofthis paragraph.
    9.2.1 The detonation flame arrester shall have the samedimensions, 
configuration, and most unfavorable clearances expected inproduction 
units.
    9.2.2 A corrosion test shall be conducted. In this test, acomplete 
detonation flame arrester, including a section of pipesimilar to that to 
which it will be fitted, shall be exposed to a 20%sodium chloride 
solution spray at a temperature of 25 [deg]C for aperiod of 240 hours, 
and allowed to dry for 48 hours. Following thisexposure, all movable 
parts shall operate properly and there shall beno corrosion deposits 
which cannot be washed off.

[[Page 379]]

    9.2.3 The detonation flame arrester shall be subjectedto a 
hydrostatic pressure test of at least 350 psig for ten minuteswithout 
rupturing, leaking, or showing permanent distortion.
    9.2.4 Flow characteristics as declared by the manufacturer,shall be 
demonstrated by appropriate tests.
    9.2.5 Detonation flame arresters shall be tested forendurance burn 
and deflagration/detonation in accordance with the testprocedures in 
section 14. Type I detonation flame arresters shall showno flame passage 
when subjected to both tests. Type II detonationflame arresters shall 
show no evidence of flame passage during thedetonation/deflagration 
tests in section 14.3. Type II detonationflame arresters shall be tested 
for endurance burn in accordance withsection 14.2. From the endurance 
burn test of a Type II detonationflame arresters, the maximum 
temperature reached and the test durationshall be recorded and provided 
as part of the laboratory test report.
    9.2.6 Where a detonation flame arrester is provided withcowls, 
weather hoods and deflectors, etc., it shall be tested in 
eachconfiguration in which it is provided.
    9.2.7 Detonation flame arresters which are provided with aheating 
arrangement designed to maintain the surface temperature ofthe device 
above 85 [deg]C shall pass the required tests at themaximum heated 
operating temperature.
    9.2.8 Each finished detonation arrester shall bepneumatically tested 
at 10 psig to ensure there are no defects orleakage.
    10. Inspection
    10.1 The manufacturer shall afford the purchaser's inspectorall 
reasonable access necessary to assure that the device is beingfurnished 
in accordance with this standard. All examinations andinspections shall 
be made at the place of manufacture, unlessotherwise agreed upon.
    10.2 Each finished detonation arrester shall be visually 
anddimensionally checked to ensure that the device corresponds to 
thisstandard, is certified in accordance with section 11 and is marked 
inaccordance with section 12. Special attention shall be given to 
thechecking of welds and the proper fit-ups of joints (see sections 
8.5and 8.6).
    11. Certification
    11.1 Manufacturer's certification that a detonation flamearrester 
meets this standard shall be provided in an instructionmanual. The 
manual shall include as applicable:
    11.1.1 Installation instructions and a description of 
allconfigurations tested (reference paragraph 9.2.6). 
Installationinstructions to include the device's limitations.
    11.1.2 Operating instructions.
    11.1.3 Maintenance requirements.
    11.1.3.1 Instructions on how to determine when arrestercleaning is 
required and the method of cleaning.
    11.1.4 Copy of test report (see section 9.1.1).
    11.1.5 Flow test data, maximum temperature and time tested(Type II).
    11.1.6 The ambient air temperature range over which thedevice will 
effectively prevent the passage of flame.

    Note: Other factors such as condensation and freezing ofvapors 
should be evaluated at the time of equipment specification.

    11.1.7 The maximum operating pressure for which the deviceis 
suitable.
    12. Marking
    12.1 Each detonation flame arrester shall be permanentlymarked 
indicating:
    12.1.1 Manufacturer's name or trademark.
    12.1.2 Style, type, model or other manufacturer'sdesignation for the 
detonation flame arrester.
    12.1.3 Size of the inlet and outlet.
    12.1.4 Type of device (Type I or II).
    12.1.5 Direction of flow through the detonation flamearrester.
    12.1.6 Test laboratory and report number.
    12.1.7 Lowest MESG of gases that the detonation flamearrester is 
suitable for.
    12.1.8 ASTM designation of this standard.
    12.1.9 Ambient air operating temperature range.
    12.1.10 Maximum operating pressure.
    13. Quality Assurance
    13.1 Detonation flame arresters shall be designed,manufactured and 
tested in a manner that ensures they meet thecharacteristics of the unit 
tested in accordance with this standard.
    13.2 The detonation flame arrester manufacturer shallmaintain the 
quality of the arresters that are designed, tested andmarked in 
accordance with this standard. At no time shall a detonationflame 
arrester be sold with this standard designation that does notmeet the 
requirements herein.
    14. Test Procedures for Detonation Arresters
    14.1 Media/Air Mixtures
    14.1.1 For vapors from flammable or combustible liquids witha MESG 
greater than or equal to 0.9 mm, technical grade hexane orgasoline 
vapors shall be used for all tests in this section excepttechnical grade 
propane may be used for the deflagration/detonationtests in section 
14.3. For vapors with a MESG less than 0.9 mm, thespecific vapor (or 
alternatively, a media with a MESG less than orequal to the MESG of the 
vapor) must be used as the test medium in allSection 14 tests.
    14.1.2 Hexane, propane, gasoline and other test vapors shallbe mixed 
with air to form the most easily ignitablemixture. \5\
    14.2 Endurance Burn Test Procedure
    14.2.1 An endurance burning test shall be carried out asfollows:
    14.2.1.1 The test rig shall consist of an apparatusproducing an 
explosive mixture, a small tank with a diaphragm, aprototype of

[[Page 380]]

the detonation flame arrester and a firing source inclose proximity to 
the test device (see Figure 1). The detonationflame arrester shall be 
installed so that the mixture emission isvertically upwards, or 
installed in the position for which it isdesigned and which will cause 
the most severe heating of the deviceunder the prescribed endurance burn 
conditions. In this position themixture shall be ignited.
    14.2.1.2 Endurance burn test shall start by using the mosteasily 
ignitable test vapor/air mixture with the aid of a pilot flameor a spark 
igniter at the outlet. The flammable mixture may bereignited as 
necessary in the course of the endurance burn.
    14.2.1.3 Temperature measurement will be performed on thesurface of 
the arrester element half way between the center and itsedge.
    14.2.1.4 By varying the proportions of the flammable mixtureand the 
flow rate, the detonation flame arrester shall be heated by astable 
flame on the surface of the arrester until the highestobtainable 
temperature is reached on the ignited side or until thetemperature on 
the side which was not ignited (protected side) rises100 [deg]C.
    14.2.1.5 The flammable mixture proportions will then bevaried again 
until the conditions which result in the highesttemperature on the 
protected side are achieved. This temperature shallbe maintained for a 
period of ten minutes, after which the flow shallbe stopped and the 
conditions observed. The highest attainabletemperature is considered to 
have been reached when any subsequentrise of temperature does not exceed 
0.5 [deg]C per minute overa ten minute period.
    14.2.1.6 If difficulty arises in establishing the highestattainable 
temperature on the protected side, the following criteriashall apply. 
When the increase in temperature on the protected sideoccurs so slowly 
that its temperature does not rise 100 [deg]C, theconditions which 
produced the highest temperature on the ignited sideof the arrester will 
be maintained for two hours. For the condition inwhich the temperature 
on the protected side continues to rise at arate in excess of 0.5 [deg]C 
per minute for a 10 minute period,endurance burning shall be continued, 
using the most severe conditionsof flammable mixtures and flow rate, for 
a period of two hours. Ineither of these cases, at the end of the two 
hour period, the flowshall be stopped and the conditions observed. The 
two hour intervalshall be measured commencing with the setting of the 
conditions whichproduced the most severe conditions of mixture and flow 
rate. For TypeI detonation flame arresters, flame passage shall not 
occur duringthis test. For Type II detonation flame arresters, the 
maximumtemperature obtained, and the time elapsed from the time when the 
mostsevere conditions are set to when flame passage occurs, shall 
berecorded. However, for Type II detonation flame arresters the test 
maybe terminated 15 minutes after setting the most severe conditions 
onthe protected side.
    14.3 Deflagration/Detonation Test Procedure
    14.3.1 A detonation flame arrester shall be installed at oneend of a 
pipe of the same diameter as the inlet of the detonationflame arrester 
(see Figure 2). The length and configuration of thetest pipe shall 
develop a stable detonation \6\ at the deviceand shall be capable, by 
change in its length or configuration, ofdeveloping deflagrations and 
unstable (overdriven) detonations asmeasured on the side of the pipe 
where ignition occurs (run-up side).For deflagration testing, two test 
piping arrangements shall be usedon the outlet side of the detonation 
flame arrester (the side which isnot ignited). In both of the following 
end arrangements, the outletside pipe diameter shall be equal to that on 
the run-up side. In onearrangement, the outlet side pipe shall be at 
least 10 pipe diameterslong with a plastic bag over the free end. 
(Alternate end of pipeclosures are also acceptable provided they easily 
give way during thecourse of the test, and the closure allows the 
required gasconcentration to be maintained throughout the test 
pipingarrangement.) In the other arrangement the outlet side pipe shall 
befitted with a restriction located 0.6 meters from the outlet 
sidearrester flange. The size of the restriction for each nominal 
sizedetonation flame arrester shall be as follows:

------------------------------------------------------------------------
   Nominal pipe diameter (inches)       Restriction diameter (inches)
------------------------------------------------------------------------
                 3                                  \1/2\
                 4                                  \1/2\
                 6                                    1
                 8                                  1\1/2\
                 10                                 1\1/2\
                 12                                   2
                 18                                   2
                 24                                   2
------------------------------------------------------------------------

The entire pipe shall be filled with the most easilyignitable vapor/air 
mixture to a test pressure corresponding to orgreater than the upper 
limit of the device's maximum operatingpressure (see 11.1.7). In order 
to obtain this test pressure, a devicesuch as a bursting disc may be 
fitted on the open end of the device inplace of the plastic bag. The 
concentration of the mixture should beverified by appropriate testing of 
the gas composition. The vapor/airmixture shall then be ignited.
    14.3.2 Flame speeds shall be measured by opticaldevices capable of 
providing accuracy of 5%. These devicesshall be 
situated no more than a distance equal to 3% of the length ofthe run-up 
pipe apart with one device no more than 8 inches from theend of the test 
pipe to which the detonation flame arrester isattached. In addition, 
each outlet

[[Page 381]]

arrangement described inparagraph 14.3.1 shall be fitted with an optical 
device located nomore than 8 inches from the detonation flame 
arresteroutlet. \7\
    14.3.3 Explosion pressures within the pipe shall be measuredby a 
high frequency transducer situated in the test pipe no more than8 inches 
from the run-up side of the housing of the detonation flamearrester.
    14.3.4 Using the first end arrangement (10 pipe diameteroutlet) 
described in paragraph 14.3.1, a series of tests shall beconducted to 
determine the test pipe length and configuration thatresults in the 
maximum unstable (overdriven) detonation having themaximum measured 
flame speed at the detonation flame arrester. (Thesetests may also be 
carried out using a single length of pipe withigniters spaced at varying 
distances from the arrester.) The flamespeeds, explosion pressures and 
test pipe configurations shall berecorded for each of these tests. The 
piping configuration thatresulted in the highest recorded unstable 
(overdriven) detonationflame speed shall be used, and the device shall 
be subjected to atleast four additional unstable (overdriven) 
detonations. In the courseof testing, the device shall also demonstrate 
its ability to withstandfive stable detonations, five deflagrations (as 
determined by flamespeed) where [Delta] P/Po was less than 1 
and fivedeflagrations (as determined by flame speed) where [Delta]P/
Po was greater than 1 but less than 10. Initiation 
ofdeflagrations shall be at several locations to generate a range 
for[Delta] P/Po. Deflagration tests using the 
restrictedoutlet arrangement described in paragraph 14.3.1 shall then 
beconducted. In these tests the device shall demonstrate its ability 
tostop five deflagrations (as determined by flame speed) generated bythe 
same configurations which resulted in [Delta] P/Pobeing less 
than 1 during the deflagration tests which were conductedwithout the 
restricted end arrangements, and five deflagrations (asdetermined by 
flame speed) generated by the same configurations whichresulted in 
[Delta] P/Po being greater than 1 but lessthan 10 during the 
deflagration tests which were conducted without therestricted end 
arrangements. No evidence of flame passage shall occurduring these 
tests. The flame speeds and explosion pressures for eachof these tests 
shall be recorded.
    14.3.5 A device that successfully passes the tests of 14.3.4shall be 
considered to be directional (suitable for arresting adetonation 
advancing only from the direction as tested) except;
    14.3.5.1 A device may be tested according to 14.3.4 fordetonations 
approaching from either direction, or
    14.3.5.2 The design of the device is symmetrical where eachend may 
be considered to be identical when approached by a detonationfrom either 
direction.

    \1\ Available from the American Society for Testing andMaterials 
(ASTM), 100 Barr Harbor Dr., West Conshohocken, PA19428-2959.
    \2\ Available from the American Society of MechanicalEngineers 
International, Three Park Avenue, New York, NY10016-5990.
    \3\ Available from the International Maritime Organization,4 Albert 
Embankment, London SE1 7SR, England.
    \4\ Available from the International ElectrotechnicalCommission, 1 
rue de Varembe, Geneva, Switzerland.
    \5\ See IEC Publication 79-1.
    \6\ Some data are available for the estimation of flamespeeds in 
horizontal pipes without detonation flame arresters. Somedata indicate 
that the presence of small obstacles, fittings or bendsin the test pipe 
can accelerate the flame speeds appreciably.
    \7\ Other pressure and/or flame speed measuring techniquesmay be 
used if effective.

[[Page 382]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.012


[[Page 383]]


[GRAPHIC] [TIFF OMITTED] TC18OC91.013


[[Page 384]]



                              Attachment 1
------------------------------------------------------------------------
                                                    Experimental maximum
                                                          safe gap
             Inflammable gas orvapour             ----------------------
                                                       mm         in.
------------------------------------------------------------------------
Methane..........................................       1.170      0.046
Blast furnace gas................................       1.193      0.047
Propane..........................................       0.965      0.038
Butane...........................................       1.066      0.042
Pentane..........................................       1.016      0.040
Hexane...........................................       0.965      0.038
Heptane..........................................       0.965      0.038
Iso-octane.......................................       1.040      0.041
Decane...........................................       1.016      0.040
Benzene..........................................       0.99       0.039
Xylene...........................................       1.066      0.042
Cyclohexane......................................       0.94       0.037
Acetone..........................................       1.016      0.040
Ethylene.........................................       0.71       0.028
Methyl-ethyl-ketone..............................       1.016      0.040
Carbon monoxide..................................       0.915      0.036
Methyl-acetate...................................       0.990      0.039
Ethyl-acetate....................................       1.04       0.041
Propyl-acetate...................................       1.04       0.041
Butyl-acetate....................................       1.016      0.040
Amyl-acetate.....................................       0.99       0.039
Methyl alcohol...................................       0.915      0.036
Ethyl alcohol....................................       1.016      0.040
Iso-butyl-alcohol................................       0.965      0.038
Butyl-alcohol (Normal)...........................       0.94       0.037
Amyl-alcohol.....................................       0.99       0.039
Ethyl-ether......................................       0.864      0.034
Coal gas (H2 57%)................................       0.482      0.019
Acetylene........................................     <=0.025    <=0.001
Carbon disulphide................................       0.203      0.008
Hydrogen.........................................       0.102      0.004
Blue water gas (H2 53% CO 47%)...................       0.203      0.008
Ethyl nitrate....................................     <=0.025    <=0.001
Ammonia..........................................   \1\ 3.33   \1\ 0.133
Ethylene oxide...................................       0.65       0.026
Ethyl nitrite....................................       0.922      0.038
------------------------------------------------------------------------
\1\ Approximately.


[CGD 88-102, 55 FR 25435, June 21, 1990; 55 FR 39270,Sept. 26, 1990, as 
amended by CGD 96-026, 61 FR 33666, June 28,1996; USCG-1999-5832, 64 FR 
34715, June 29, 1999;USCG-2000-7223, 65 FR 40058, June 29, 2000]



 Sec. Appendix B to Part 154--StandardSpecification for Tank Vent Flame 
                                Arresters

    1. Scope
    1.1 This standard provides the minimum requirements fordesign, 
construction, performance and testing of tank vent flamearresters.
    2. Intent
    2.1 This standard is intended for flame arresters protectingsystems 
containing vapors of flammable or combustible liquids with aflashpoint 
that does not exceed 60 [deg]C. The test media defined in14.1.1 can be 
used except where arresters protect systems handlingvapors with a 
maximum experimental safe gap (MESG) below 0.9millimeters. Flame 
arresters protecting such systems must be testedwith appropriate media 
(the same vapor or a media having a MESG nogreater than the vapor). 
Various gases and their respective MESG arelisted in Attachment 1.

    Note: Flame arresters meeting this standard also comply withthe 
minimum requirements of the International Maritime Organization,Maritime 
Safety Committee Circular No. 373 (MSC/Circ. 373/Rev. 1).

    3. Applicable Documents
    3.1 ASTM Standards \1\ F722 Welded Joints forShipboard Piping 
Systems; F1155 Standard Practice for Selection andApplication of Piping 
System Materials
---------------------------------------------------------------------------

    \1\ Footnotes appear at the end of this article.
---------------------------------------------------------------------------

    3.2 ANSI Standards \2\ B16.5 Pipe Flanges and FlangedFittings.
    3.3 Other Documents
    3.3.1 ASME Boiler and Pressure Vessel Code \2\section VIII, Division 
1, Pressure Vessels; section IX, Welding andBrazing Qualifications.
    3.3.2 International Maritime Organization, Maritime SafetyCommittee 
\3\ MSC/Circ. 373/Rev. 1--Revised Standards forthe Design, Testing and 
Locating of Devices to Prevent the Passage ofFlame into Cargo Tanks in 
Tankers.
    3.3.3 International Electrotechnical Commission \4\Publication 
79.1--Electrical Apparatus for Explosive GasAtmospheres.
    4. Terminology
    4.1 Flame arrester--A device to prevent the passage offlame in 
accordance with a specified performance standard. Its flamearresting 
element is based on the principle of quenching.
    4.2 Flame speed--The speed at which a flame propagatesalong a pipe 
or other system.
    4.3 Flame Passage--The transmission of a flame througha flame 
arrester.
    4.4 Gasoline Vapors--A non-leaded petroleum distillateconsisting 
essentially of aliphatic hydrocarbon compounds with aboiling range 
approximating 65 [deg]C/75 [deg]C.
    5. Classification
    5.1 The two types of flame arresters covered in thisspecification 
are classified as follows:
    5.1.1 Type I--Flame arresters acceptable for end-of-line 
applications.
    5.1.2 Type II--Flame arresters acceptable for in-lineapplications.
    6. Ordering Information
    6.1 Orders for flame arresters under this specificationshall include 
the following information as applicable:
    6.1.1 Type (I or II).
    6.1.2 Nominal pipe size.
    6.1.3 Each gas or vapor in the tank being protected by theflame 
arrester, and the corresponding MESG.
    6.1.4 Inspection and tests other than specified by thisstandard.

[[Page 385]]

    6.1.5 Anticipated ambient air temperature range.
    6.1.6 Purchaser's inspection requirements (see section10.1).
    6.1.7 Description of installation (distance andconfiguration of pipe 
between the arrester, and the atmosphere orpotential ignition source) 
(see section 9.2.4.2).
    6.1.8 Materials of construction (see section 7).
    6.1.9 Maximum flow rate and the design pressure drop forthat maximum 
flow rate.
    7. Materials
    7.1 The flame arrester housing, and other parts or boltingused for 
pressure retention, shall be constructed of materials listedin ASTM F 
1155 (incorporated by reference, seeSec. 154.106), or section VIII, 
Division 1 of the ASMEBoiler and Pressure Vessel Code.
    7.1.1 Arresters, elements, gaskets, and seals must be ofmaterials 
resistant to attack by seawater and the liquids and vaporscontained in 
the tank being protected (see section 6.1.3).
    7.2 Nonmetallic materials, other than gaskets and seals,shall not be 
used in the construction of pressure retaining componentsof the flame 
arrester.
    7.2.1 Nonmetallic gaskets and seals shall be non-combustibleand 
suitable for the service intended.
    7.3 Bolting materials, other than that of Section 7.1, shallbe at 
least equal to those listed in Table 1 of ANSI B16.5.
    7.4 The possibility of galvanic corrosion shall beconsidered in the 
selection of materials.
    7.5 All other parts shall be constructed of materialssuitable for 
the service intended.
    8. Other Requirements
    8.1 Flame arrester housings shall be gas tight to preventthe escape 
of vapors.
    8.2 Flame arrester elements shall fit in the housing in amanner that 
will insure tightness of metal-to-metal contacts in such away that flame 
cannot pass between the element and the housing.
    8.2.1 The net free area through flame arrester elementsshall be at 
least 1.5 times the cross-sectional area of the arresterinlet.
    8.3 Housings and elements shall be of substantialconstruction and 
designed for the mechanical and other loads intendedduring service. In 
addition, they shall be capable of withstanding themaximum and minimum 
pressures and temperatures to which the device maybe exposed under both 
normal and the specified fire test conditions insection 14.
    8.4 Threaded or flanged pipe connections shall comply withthe 
applicable B16 standards in ASTM F 1155 (incorporated byreference, see 
Sec. 154.106). Welded joints shall complywith ASTM F 722 (incorporated 
by reference, seeSec. 154.106).
    8.5 All flat joints of the housing shall be machined trueand shall 
provide for a joint having adequate metal-to-metal contact.
    8.6 Where welded construction is used for pressure 
retainingcomponents, welded joint design details, welding and non-
destructivetesting shall be in accordance with section VIII, Division 1, 
of theASME Code and ASTM F 722 (incorporated by reference, seeSec. 
154.106). Welders and weld procedures shall bequalified in accordance 
with section IX of the ASME Code.
    8.7 The design of flame arresters shall allow for ease ofinspection 
and removal of internal elements for replacement, cleaningor repair 
without removal of the entire device from the system.
    8.8 Flame arresters shall allow for efficient drainage ofcondensate 
without impairing their efficiency to prevent the passageof flame.
    8.9 All fastenings shall be protected against loosening.
    8.10 Flame arresters shall be designed and constructed tominimize 
the effect of fouling under normal operating conditions.
    8.11 Flame arresters shall be capable of operating over thefull 
range of ambient air temperatures anticipated.
    8.12 End-of-line flame arresters shall be so constructed asto direct 
the efflux vertically upward.
    8.13 Flame arresters shall be of first class workmanship andfree 
from imperfections which may affect their intended purpose.
    8.14 Tank vent flame arresters shall show no flame passagewhen 
subjected to the tests in 9.2.4.
    9. Prototype Tests
    9.1 Tests shall be conducted by an independent laboratorycapable of 
performing the tests. The manufacturer, in choosing alaboratory, accepts 
that it is a qualified independent laboratory bydetermining that it has 
(or has access to) the apparatus, facilities,personnel, and calibrated 
instruments that are necessary to test flamearresters in accordance with 
this standard.
    9.1.1 A test report shall be prepared by the laboratorywhich shall 
include:
    9.1.1.1 Detailed drawings of the flame arrester and itscomponents 
(including a parts list identifying the materials ofconstruction).
    9.1.1.2 Types of tests conducted and results obtained.
    9.1.1.3 Specific advice on approved attachments (see 
section9.2.4.1).
    9.1.1.4 Types of gases or vapors for which the flamearrester is 
approved (see section 6.1.3).
    9.1.1.5 Drawings of the test rig.
    9.1.1.6 Record of all markings found on the tested flamearrester.
    9.1.1.7 A report number.

[[Page 386]]

    9.2 One of each model Type I and Type II flame arrestershall be 
tested. Where approval of more than one size of a flamearrester model is 
desired, the largest and smallest sizes shall betested. A change of 
design, material, or construction which may affectthe corrosion 
resistance, endurance burn, or flashback capabilities ofthe flame 
arrester shall be considered a change of model for thepurpose of this 
paragraph.
    9.2.1 The flame arrester shall have the same 
dimensions,configuration, and the most unfavorable clearances expected 
inproduction units.
    9.2.2 A corrosion test shall be conducted. In this test, acomplete 
arrester, including a section of pipe similar to that towhich it will be 
fitted, shall be exposed to a 20% sodium chloridesolution spray at a 
temperature of 25 degrees C for a period of 240hours, and allowed to dry 
for 48 hours. Following this exposure, allmovable parts shall operate 
properly and there shall be no corrosiondeposits which cannot be washed 
off.
    9.2.3 Performance characteristics as declared by themanufacturer, 
such as flow rates under both positive and negativepressure, operating 
sensitivity, flow resistance, and velocity, shallbe demonstrated by 
appropriate tests.
    9.2.4 Tank vent flame arresters shall be tested forendurance burn 
and flashback in accordance with the test procedures insection 14. The 
following constraints apply:
    9.2.4.1 Where a Type I flame arrester is provided withcowls, weather 
hoods and deflectors, etc., it shall be tested in eachconfiguration in 
which it is provided.
    9.2.4.2 Type II arresters shall be specifically tested withthe 
inclusion of all pipes, tees, bends, cowls, weather hoods, etc.,which 
may be fitted between the arrester and the atmosphere.
    9.2.5 Devices which are provided with a heating arrangementshall 
pass the required tests at the heated temperature.
    9.2.6 After all tests are completed, the device shall bedisassembled 
and examined, and no part of the device shall be damagedor show 
permanent deformation.
    10. Inspection
    10.1 The manufacturer shall afford the purchaser's inspectorall 
reasonable facilities necessary to assure that the material isbeing 
furnished in accordance with this standard. All examinations 
andinspections shall be made at the place of manufacture, 
unlessotherwise agreed upon.
    10.2 Each finished flame arrester shall be visually anddimensionally 
checked to ensure that the device corresponds to thisstandard, is 
certified in accordance with section 11 and is marked inaccordance with 
section 12. Special attention shall be given tochecking the proper fit-
up of joints (see sections 8.5 and 8.6)
    11. Certification
    11.1 Manufacturer's certification that a flame arrester hasbeen 
constructed in accordance with this standard shall be provided inan 
instruction manual. The manual shall include as applicable:
    11.1.1 Installation instructions and a description of 
allconfigurations tested (reference paragraph 9.2.4.1 and 
9.2.4.2).Installation instructions to include manufacturer's 
recommendedlimitations based on all configurations tested.
    11.1.2 Operating instructions.
    11.1.3 Maintenance requirements.
    11.1.3.1 Instructions on how to determine when flamearrester 
cleaning is required and the method of cleaning.
    11.1.4 Copy of test report (see section 9.1.1).
    11.1.5 Flow test data, including flow rates under bothpositive and 
negative pressures, operating sensitivity, flowresistance, and velocity.
    11.1.6 The ambient air temperature range over which thedevice will 
effectively prevent the passage of flame. (Note:Other factors such as 
condensation and freezing of vapors should beevaluated at the time of 
equipment specification.)
    12. Marking
    12.1 Each flame arrester shall be permanently markedindicating:
    12.1.1 Manufacturer's name or trademark.
    12.1.2 Style, type, model or other manufacturer'sdesignation for the 
flame arrester.
    12.1.3 Size of the inlet and outlet.
    12.1.4 Type of device (Type I or II).
    12.1.5 Direction of flow through the flame arrester.
    12.1.6 Test laboratory and report number.
    12.1.7 Lowest MESG of gases for which the flame arrester issuitable 
for.
    12.1.8 Ambient air operating temperature range.
    12.1.9 ASTM designation of this standard.
    13. Quality Assurance
    13.1 Flame arresters shall be designed, manufactured andtested in a 
manner that ensures they meet the characteristics of theunit tested in 
accordance with this standard.
    13.2 The flame arrester manufacturer shall maintain thequality of 
the flame arresters that are designed, tested and marked inaccordance 
with this standard. At no time shall a flame arrester besold with this 
standard designation that does not meet therequirements herein.
    14. Test Procedures for Flame Arresters
    14.1 Media/Air Mixtures
    14.1.1 For vapors from flammable or combustible liquids witha MESG 
greater than or equal to 0.9 mm, technical grade hexane orgasoline 
vapors shall be used for all tests in this section excepttechnical grade 
propane may be used for the flashback test in Section14.2. For vapors 
with a MESG less than 0.9 mm, the specific vapor (oralternatively, a 
media with a MESG less than or equal to the

[[Page 387]]

MESGof the vapor) must be used as the test medium in all section 14 
tests.
    14.1.2 Hexane, propane, gasoline and chemical vapors shallbe mixed 
with air to form the most easily ignitablemixture. \5\
    14.2 Flashback Test
    14.2.1 A flashback test shall be carried out as follows:
    14.2.1.1 The test rig shall consist of an apparatusproducing an 
explosive mixture, a small tank with a diaphragm, aprototype of the 
flame arrester, a plastic bag \6\ and a firingsource in three positions 
(see Figure 1). \7\
    14.2.1.2 The tank, flame arrester assembly and the plasticbag 
enveloping the prototype flame arrester shall be filled so thatthis 
volume contains the most easily ignitable vapor/airmixture. \8\ The 
concentration of the mixture should beverified by appropriate testing of 
the gas composition in the plasticbag. Three ignition sources shall be 
installed along the axis of thebag, one close to the flame arrester, 
another as far away as possibletherefrom, and the third at the midpoint 
between these two. Thesethree sources shall be fired in succession, one 
during each of thethree tests. Flame passage shall not occur during this 
test.
    14.2.1.3 If flame passage occurs, the tank diaphragm willburst and 
this will be audible and visible to the operator by theemission of a 
flame. Flame, heat and pressure sensors may be used asan alternative to 
a bursting diaphragm.
    14.3 Endurance Burn Test
    14.3.1 An endurance burning test shall be carried out asfollows:
    14.3.1.1 The test rig as referred to in 14.2 may be used,without the 
plastic bag. The flame arrester shall be so installed thatthe mixture 
emission is vertical. In this position the mixture shallbe ignited.
    14.3.1.2 Endurance burning shall be achieved by using themost easily 
ignitable test vapor/air mixture with the aid of a pilotflame or a spark 
igniter at the outlet. By varying the proportions ofthe flammable 
mixture and the flow rate, the arrester shall be heateduntil the highest 
obtainable temperature on the cargo tank side of thearrester is reached. 
The highest attainable temperature may beconsidered to have been reached 
when the rate of rise of temperaturedoes not exceed 0.5 [deg]C per 
minute over a ten minute period. Thistemperature shall be maintained for 
a period of ten minutes, afterwhich the flow shall be stopped and the 
conditions observed. Ifdifficulty arises in establishing the highest 
attainable temperature,the following criteria shall apply. When the 
temperature appears to beapproaching the maximum temperature, using the 
most severe conditionsof flammable mixtures and flow rate, but increases 
at a rate in excessof 0.5 [deg]C per minute over a ten minute period, 
endurance burningshall be continued for a period of two hours after 
which the flowshall be stopped and the conditions observed. Flame 
passage shall notoccur during this test.

    \1\ American Society for Testing and Materials (ASTM), 100Barr 
Harbor Dr., West Conshohocken, PA 19428-2959.
    \2\ Available from the American Society of MechanicalEngineers 
International, Three Park Avenue, New York, NY10016-5990.
    \3\ Available from the International Maritime Organization,4 Albert 
Embankment, London SEl 7SR, England.
    \4\ Available from the International ElectrotechnicalCommission, 1 
rue de Varembe, Geneva, Switzerland
    \5\ See IEC Publication 79-1.
    \6\ The dimensions of the plastic bag are dependent onthose of the 
flame arrester. The plastic bag may have a circumferenceof 2 m, a length 
of 2.5 m and a wall thickness of .05 m.
    \7\ In order to avoid remnants of the plastic bag fromfalling back 
on to the flame arrester being tested after ignition ofthe fuel/air 
mixture, it may be useful to mount a coarse wire frameacross the flame 
arrester within the plastic bag. The frame should beconstructed so as 
not to interfere with the test result.
    \8\ See IEC Publication 79-1.

[[Page 388]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.014


[[Page 389]]



                              Attachment 1
------------------------------------------------------------------------
                                                    Experimental maximum
                                                          safe gap
             Inflammable gas or vapor             ----------------------
                                                       mm         in.
------------------------------------------------------------------------
Methane..........................................       1.170      0.046
Blast furnace gas................................       1.193      0.047
Propane..........................................       0.965      0.038
Butane...........................................       1.066      0.042
Pentane..........................................       1.016      0.040
Hexane...........................................       0.965      0.038
Heptane..........................................       0.965      0.038
Iso-octane.......................................       1.040      0.041
Decane...........................................       1.016      0.040
Benzene..........................................       0.99       0.039
Xylene...........................................       1.066      0.042
Cyclohexane......................................       0.94       0.037
Acetone..........................................       1.016      0.040
Ethylene.........................................       0.71       0.028
Methyl-ethyl-ketone..............................       1.016      0.040
Carbon monoxide..................................       0.915      0.036
Methyl-acetate...................................       0.990      0.039
Ethyl-acetate....................................       1.04       0.041
Propyl-acetate...................................       1.04       0.041
Butyl-acetate....................................       1.016      0.040
Amyl-acetate.....................................       0.99       0.039
Methyl alcohol...................................       0.915      0.036
Ethyl alcohol....................................       1.016      0.040
Iso-butyl-alcohol................................       0.965      0.038
Butyl-alcohol (Normal)...........................       0.94       0.037
Amyl-alcohol.....................................       0.99       0.039
Ethyl-ether......................................       0.864      0.034
Coal gas (H2 57%)................................       0.482      0.019
Acetylene........................................      <0.025     <0.001
Carbon disulphide................................       0.203      0.008
Hydrogen.........................................       0.102      0.004
Blue water gas (H2 53% CO 47%)...................       0.203      0.008
Ethyl nitrate....................................      <0.025     <0.001
Ammonia..........................................    \1\3.33    \1\0.133
Ethylene oxide...................................       0.65       0.026
Ethyl nitrite....................................       0.922      0.038
------------------------------------------------------------------------
\1\Approximately.


[CGD 88-102, 55 FR 25441, June 21, 1990, as amended byUSCG-1999-5832, 64 
FR 34715, June 29, 1999;USCG-2000-7223, 65 FR 40058, June 29, 2000]



 Sec. Appendix C to Part 154--Guidelinesfor Determining and Evaluating 
         Required Response Resources forFacility Response Plans

                               1. Purpose

    1.1 The purpose of this appendix is to describe theprocedures for 
identifying response resources to meet the requirementsof subpart F of 
this part. These guidelines will be used by thefacility owner or 
operator in preparing the response plan and by theCaptain of the Port 
(COTP) when reviewing them. Response resourcesidentified in subparts H 
and I of this part should be selected usingthe guidelines in section 2 
and Table 1 of this appendix.

                 2. Equipment Operability and Readiness

    2.1 All equipment identified in a response plan must bedesigned to 
operate in the conditions expected in the facility'sgeographic area. 
These conditions vary widely based on location andseason. Therefore, it 
is difficult to identify a single stockpile ofresponse equipment that 
will function effectively in each geographiclocation.
    2.2 Facilities handling, storing, or transporting oil inmore than 
one operating environment as indicated in Table 1 of thisappendix must 
identify equipment capable of successfully functioningin each operating 
environment.
    2.3 When identifying equipment for response plan credit, afacility 
owner or operator must consider the inherent limitations inthe 
operability of equipment components and response systems. Thecriteria in 
Table 1 of this appendix should be used for evaluating theoperability in 
a given environment. These criteria reflect the generalconditions in 
certain operating areas.
    2.3.1 The Coast Guard may require documentation that theboom 
identified in a response plan meets the criteria in Table 1.Absent 
acceptable documentation, the Coast Guard may require that theboom be 
tested to demonstrate that it meets the criteria in Table 1.Testing must 
be in accordance with ASTM F 715 (incorporated byreference, see Sec. 
154.106), or other tests approved by theCoast Guard.
    2.4 Table 1 of this appendix lists criteria for oil recoverydevices 
and boom. All other equipment necessary to sustain or supportresponse 
operations in the specified operating environment must bedesigned to 
function in the same conditions. For example, boats whichdeploy or 
support skimmers or boom must be capable of being safelyoperated in the 
significant wave heights listed for the applicableoperating environment.
    2.5 A facility owner or operator must refer to theapplicable local 
contingency plan or ACP, as appropriate, to determineif ice, debris, and 
weather-related visibility are significant factorsin evaluating the 
operability of equipment. The local contingency planor ACP will also 
identify the average temperature ranges expected inthe facility's 
operating area. All equipment identified in a responseplan must be 
designed to operate within those conditions or ranges.
    2.6 The requirements of subparts F, G, H and I of this partestablish 
response resource mobilization and response times. Thedistance of the 
facility from the storage location of the responseresources must be used 
to determine whether the resources can arriveon scene within the stated 
time. A facility owner or operator shallinclude the time for 
notification, mobilization, and travel time ofresponse resources 
identified to meet the maximum most probabledischarge and Tier 1 worst 
case discharge response time requirements.For subparts F and G, tier 2 
and 3 response resources must be notifiedand

[[Page 390]]

mobilized as necessary to meet the requirements for arrivalon scene in 
accordance with Sec. Sec. 154.1045 or 154.1047of subpart F, or Sec. 
154.1135 of subpart G, as appropriate.An on water speed of 5 knots and a 
land speed of 35 miles per hour isassumed unless the facility owner or 
operator can demonstrateotherwise.
    2.7 For subparts F and G, in identifying equipment, thefacility 
owner or operator shall list the storage location, quantity,and 
manufacturer's make and model. For oil recovery devices, theeffective 
daily recovery capacity, as determined using section 6 ofthis appendix 
must be included. For boom, the overall boom height(draft plus 
freeboard) should be included. A facility owner oroperator is 
responsible for ensuring that identified boom hascompatible connectors.
    2.8 For subparts H and I, in identifying equipment, thefacility 
owner or operator shall list the storage location, quantity,and 
manufacturer's make and model. For boom, the overall boom height(draft 
plus freeboard) should be included. A facility owner oroperator is 
responsible for ensuring that identified boom hascompatible connectors.

3. Determining Response Resources Required for the Average MostProbable 
                                Discharge

    3.1 A facility owner or operator shall identify sufficientresponse 
resources available, through contract or other approved meansas 
described in Sec. 154.1028(a), to respond to the averagemost probable 
discharge. The equipment must be designed to function inthe operating 
environment at the point of expected use.
    3.2 The response resources must include:
    3.2.1 1,000 feet of containment boom or two times the lengthof the 
largest vessel that regularly conducts oil transfers to or fromthe 
facility, whichever is greater, and a means deploying it availableat the 
spill site within 1 hour of the discovery of a spill.
    3.2.2 Oil recovery devices with an effective daily recoverycapacity 
equal to the amount of oil discharged in an average mostprobable 
discharge or greater available at the facility within 2 hoursof the 
detection of an oil discharge.
    3.2.3 Oil storage capacity for recovered oily materialindicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum MostProbable 
                                Discharge

    4.1 A facility owner or operator shall identify sufficientresponse 
resources available, by contract or other approved means asdescribed in 
Sec. 154.1028(a), to respond to discharges upto the maximum most 
probable discharge volume for that facility. Thiswill require response 
resources capable of containing and collectingup to 1,200 barrels of oil 
or 10 percent of the worst case discharge,whichever is less. All 
equipment identified must be designed tooperate in the applicable 
operating environment specified in Table 1of this appendix.
    4.2 Oil recovery devices identified to meet the applicablemaximum 
most probable discharge volume planning criteria must belocated such 
that they arrive on scene within 6 hours in higher volumeport areas (as 
defined in 154.1020) and the Great Lakes andwithin 12 hours in all other 
areas.
    4.3 Because rapid control, containment, and removal of oilis 
critical to reduce spill impact, the effective daily recoverycapacity 
for oil recovery devices must equal 50 percent of theplanning volume 
applicable for the facility as determined in section4.1 of this 
appendix. The effective daily recovery capacity for oilrecovery devices 
identified in the plan must be determined using thecriteria in section 6 
of this appendix.
    4.4 In addition to oil recovery capacity, the plan mustidentify 
sufficient quantities of containment boom available, bycontract or other 
approved means as described inSec. 154.1028(a), to arrive within the 
required responsetimes for oil collection and containment and for 
protection of fishand wildlife and sensitive environments. While the 
regulation does notset required quantities of boom for oil collection 
and containment,the response plan must identify and ensure, by contract 
or otherapproved means as described in Sec. 154.1028(a), 
theavailability of the boom identified in the plan for this purpose.
    4.5 The plan must indicate the availability of temporarystorage 
capacity to meet the guidelines of section 9.2 of thisappendix. If 
available storage capacity is insufficient to meet thislevel, then the 
effective daily recovery capacity must be derated tothe limits of the 
available storage capacity.
    4.6 The following is an example of a maximum most probabledischarge 
volume planning calculation for equipment identification ina higher 
volume port area: The facility's worst case discharge volumeis 20,000 
barrels. Ten percent of this is 2,000 barrels. Since this isgreater than 
1,200 barrels, 1,200 barrels is used as the planningvolume. The 
effective daily recovery capacity must be 50 percent ofthis, or 600 
barrels per day. The ability of oil recovery devices tomeet this 
capacity will be calculated using the procedures in section6 of this 
appendix. Temporary storage capacity available on scene mustequal twice 
the daily recovery rate as indicated in section 9 of thisappendix, or 
1,200 barrels per day. This is the information thefacility owner or 
operator will use to identify and ensure theavailability of, through 
contract or other approved means as describedin Sec. 154.1028(a), the 
required response resources. Thefacility owner will also

[[Page 391]]

need to identify how much boom isavailable for use.

 5. Determining Response Resources Required for the Worst CaseDischarge 
                    to the Maximum Extent Practicable

    5.1 A facility owner or operator shall identify and 
ensureavailability of, by contract or other approved means, as described 
inSec. 154.1028(a), sufficient response resources to respondto the 
worst case discharge of oil to the maximum extent practicable.Section 7 
of this appendix describes the method to determine therequired response 
resources.
    5.2 Oil spill response resources identified in the responseplan and 
available through contract or other approved means, asdescribed in Sec. 
154.1028(a), to meet the applicable worstcase discharge planning volume 
must be located such that they canarrive at the scene of a discharge 
within the times specified for theapplicable response tiers listed in 
Sec. 154.1045.
    5.3 The effective daily recovery capacity for oil recoverydevices 
identified in a response plan must be determined using thecriteria in 
section 6 of this appendix. A facility owner or operatorshall identify 
the storage locations of all response resources thatmust be used to 
fulfill the requirements for each tier. The owner oroperator of a 
facility whose required daily recovery capacity exceedsthe applicable 
response capability caps in Table 5 of this appendixshall identify 
sources of additional equipment, their locations, andthe arrangements 
made to obtain this equipment during a response. Theowner or operator of 
a facility whose calculated planning volumeexceeds the applicable 
contracting caps in Table 5 shall identifysources of additional 
equipment equal to twice the cap listed in Tiers1, 2, and 3 or the 
amount necessary to reach the calculated planningvolume, whichever is 
lower. The resources identified above the capmust be capable of arriving 
on scene not later than the Tiers 1, 2,and 3 response times in Sec. 
154.1045. No contract isrequired. While general listings of available 
response equipment maybe used to identify additional sources, a response 
plan must identifythe specific sources, locations, and quantities of 
equipment that afacility owner or operator has considered in his or her 
planning. Whenlisting Coast Guard classified oil spill removal 
organization(s) whichhave sufficient removal capacity to recover the 
volume above theresponse capability cap for the specific facility, as 
specified inTable 5 of this appendix, it is not necessary to list 
specificquantities of equipment.
    5.4 A facility owner or operator shall identify theavailability of 
temporary storage capacity to meet the requirements ofsection 9.2 of 
this appendix. If available storage capacity isinsufficient to meet this 
requirement, then the effective dailyrecovery capacity must be derated 
to the limits of the availabilestorage capacity.
    5.5 When selecting response resources necessary to meet theresponse 
plan requirements, the facility owner or operator must ensurethat a 
portion of those resources are capable of being used in close-to-shore 
response activities in shallow water. The followingpercentages of the 
on-water response equipment identified for theapplicable geographic area 
must be capable of operating in waters of 6feet or less depth:
    (i) Offshore--10 percent
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20percent.
    5.6 In addition to oil spill recovery devices, a facilityowner or 
operator shall identify sufficient quantities of boom thatare available, 
by contract or other approved means as described inSec. 154.1028(a), to 
arrive on scene within the requiredresponse times for oil containment 
and collection. The specificquantity of boom required for collection and 
containment will dependon the specific recovery equipment and strategies 
employed. A facilityowner or operator shall also identify sufficient 
quantities of oilcontainment boom to protect fish and wildlife and 
sensitiveenvironments for the number of days and geographic areas 
specified inTable 2. Sections 154.1035(b)(4)(iii) and 154.1040(a), as 
appropriate,shall be used to determine the amount of containment boom 
required,through contract or other approved means as described inSec. 
154.1028(a), to protect fish and wildlife and sensitiveenvironments.
    5.7 A facility owner or operator must also identify, throughcontract 
or other approved means as described inSec. 154.1028(a), the 
availability of an oil spill removalorganization capable of responding 
to a shoreline cleanup operationinvolving the calculated volume of oil 
and emulsified oil that mightimpact the affected shoreline. The volume 
of oil that must be plannedfor is calculated through the application of 
factors contained inTables 2 and 3. The volume calculated from these 
tables is intended toassist the facility owner or operator in 
identifying a contractor withsufficient resources and expertise. This 
planning volume is not usedexplicitly to determine a required amount of 
equipment and personnel.

6. Determining Effective Daily Recovery Capacity for Oil RecoveryDevices

    6.1 Oil recovery devices identified by a facility owner oroperator 
must be identified by manufacturer, model, and effectivedaily recovery 
capacity. These rates must be used to determine whetherthere is 
sufficient capacity to meet the applicable planning critieriafor the 
average most probable discharge, maximum most probabledischarge, and 
worst case discharge to the maximum extent practicable.

[[Page 392]]

    6.2 For the purpose of determining the effective dailyrecovery 
capacity of oil recovery devices, the formula listed insection 6.2.1 of 
this appendix will be used. This method considerspotential limitations 
due to available daylight, weather, sea state,and percentage of 
emulsified oil in the recovered material. The CoastGuard may assign a 
lower efficiency factor to equipment listed in aresponse plan if it 
determines that such a reduction is warranted.
    6.2.1 The following formula must be used to calculate theeffective 
daily recovery capacity:

R=Tx24 hoursxE

R=Effective daily recovery capacity
T=Throughout rate in barrels per hour (nameplate capacity)
E=20 percent Efficiency factor (or lower factor as determined byCoast 
Guard)
    6.2.2 For those devices in which the pump limits thethroughput of 
liquid, throughput rate will be calculated using thepump capacity.
    6.2.3 For belt or mop type devices, the throughput rate willbe 
calculated using the speed of the belt or mop through the device,assumed 
thickness of oil adhering to or collected by the device, andsurface area 
of the belt or mop. For purposes of this calculation, theassumed 
thickness of oil will be 1/4 inch.
    6.2.4 Facility owners or operators including oil recoverydevices 
whose throughput is not measurable using a pump capacity orbelt/mop 
speed may provide information to support an alternativemethod of 
calculation. This information must be submitted followingthe procedures 
in paragraph 6.3.2 of this appendix.
    6.3 As an alternative to 6.2, a facility owner or operatormay submit 
adequate evidence that a different effective daily recoverycapacity 
should be applied for a specific oil recovery device.Adequate evidence 
is actual verified performance data in spillconditions or tests using 
ASTM F 631 (incorporated by reference, seeSec. 154.106), or an 
equivalent test approved by the CoastGuard.
    6.3.1 The following formula must be used to calculate theeffective 
daily recovery capacity under this alternative:

R=DxU

R=Effective daily recovery capacity
D=Average Oil Recovery Rate in barrels per hour (Item 26 in ASTM F808; 
Item 13.2.16 in ASTM F 631; or actual performance data)
U=Hours per day that a facility owner or operator can documentcapability 
to operate equipment under spill conditions. Ten hours perday must be 
used unless a facility owner or operator can demonstratethat the 
recovery operation can be sustained for longer periods.

    6.3.2 A facility owner or operator proposing a differenteffective 
daily recovery rate for use in a response plan shall providedata for the 
oil recovery devices listed. The following is an exampleof these 
calculations:
    A weir skimmer identified in a response plan has a 
manufacturer'srated throughput at the pump of 267 gallons per minute 
(gpm).

267 gpm=381 barrels per hour
R=381x24x.2=1829 barrels per day

    After testing using ASTM procedures, the skimmer's oil recoveryrate 
is determined to be 220 gpm. The facility owner of operatoridentifies 
sufficient response resources available to supportoperations 12 hours 
per day.

220 gpm=314 barrels per hour
R=314x12=3768 barrels per day

    The facility owner or operator will be able to use the higher rateif 
sufficient temporary oil storage capacity is available.Determinations of 
alternative efficiency factors under paragraph 6.2or alternative 
effective daily recovery capacities under paragraph 6.3of this appendix 
will be made by Commandant, (G-MOR), Coast GuardHeadquarters, 2100 
Second Street SW., Washington, DC 20593. Responsecontractors or 
equipment manufacturers may submit required informationon behalf of 
multiple facility owners or operators directly in lieu ofincluding the 
request with the response plan submission.

        7. Calculating the Worst Case Discharge Planning Volumes

    7.1 The facility owner or operator shall plan for a responseto a 
facility's worst case discharge. The planning for on-waterrecovery must 
take into account a loss of some oil to the environmentdue to 
evaporative and natural dissipation, potential increases involume due to 
emulsification, and the potential for deposit of someoil on the 
shoreline.
    7.2 The following procedures must be used to calculate theplanning 
volume used by a facility owner or operator for determiningrequired on 
water recovery capacity:
    7.2.1 The following must be determined: The worst casedischarge 
volume of oil in the facility; the appropriate group(s) forthe type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and thefacility's 
specific operating area. Facilities which handle, store, ortransport oil 
from different petroleum oil groups must calculate eachgroup separately. 
This information is to be used with Table 2 of thisappendix to determine 
the percentages of the total volume to be usedfor removal capacity 
planning. This table divides the volume intothree categories: Oil lost 
to the environment; oil deposited on theshoreline; and oil available for 
on-water recovery.
    7.2.2 The on-water oil recovery volume must be adjustedusing the 
appropriate emulsification factor found in Table 3 of thisappendix. 
Facilities which handle, store, or

[[Page 393]]

transport oil fromdifferent petroleum groups must assume that the oil 
group resulting inthe largest on-water recovery volume will be stored in 
the tank ortanks identified as constituting the worst case discharge.
    7.2.3 The adjusted volume is multiplied by the on-water oilrecovery 
resource mobilization favor found in Table 4 of this appendixfrom the 
appropriate operating area and response tier to determine thetotal on-
water oil recovery capacity in barrels per day that must beidentified or 
contracted for to arrive on-scene with the applicabletime for each 
response tier. Three tiers are specified. For highervolume port areas, 
the contracted tiers of resources must be locatedsuch that they can 
arrive on scene within 6, 30, and 54 hours of thediscovery of an oil 
discharge. For all other river, inland, nearshore,offshore areas, and 
the Great Lakes, these tiers are 12, 36, and 60hours.
    7.2.4 The resulting on-water recovery capacity in barrelsper day for 
each tier must be used to identify response resourcesnecessary to 
sustain operations in the applicable operating area. Theequipment must 
be capable of sustaining operations for the time periodspecified in 
Table 2 of this appendix. The facility owner or operatormust identify 
and ensure the availability, through contract or otherapproved means as 
described in Sec. 154.1028(a), ofsufficient oil spill recovery devices 
to provide the effective dailyrecovery oil recovery capacity required. 
If the required capacityexceeds the applicable cap specified in Table 5 
of this appendix, thena facility owner or operator shall ensure, by 
contract or otherapproved means as described in Sec. 154.1028(a), only 
forthe quantity of resources required to meet the cap, but shall 
identifysources of additional resources as indicated inSec. 
154.1045(m). The owner or operator of a facility whoseplanning volume 
exceeds the cap for 1993 must make arrangements toidentify and ensure 
the availability, through contract or otherapproved means as described 
in Sec. 154.1028(a), of theadditional capacity in 1998 or 2003, as 
appropriate. For a facilitythat handles, stores, or transports multiple 
groups of oil, therequired effective daily recovery capacity for each 
group iscalculated before applying the cap.
    7.3 The following procedures must be used to calculate theplanning 
volume for identifying shoreline cleanup capacity:
    7.3.1 The following must be determined: The worst casedischarge 
volume of oil for the facility; the appropriate group(s) forthe type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and theoperating 
area(s) in which the facility operates. For a facilitystoring oil from 
different groups, each group must be calculatedseparately. Using this 
information, Table 2 of this appendix must beused to determine the 
percentages of the total planning volume to beused for shoreline cleanup 
resource planning.
    7.3.2 The shoreline cleanup planning volume must be adjustedto 
reflect an emulsification factor using the same procedure asdescribed in 
section 7.2.2.
    7.3.3 The resulting volume will be used to identify an oilspill 
removal organization with the appropriate shoreline cleanupcapability.
    7.3.4 The following is an example of the procedure describedabove: A 
facility receives oil from barges via a dock located on a bayand 
transported by piping to storage tanks. The facility handlesNumber 6 oil 
(specific gravity .96) and stores the oil in tanks whereit is held prior 
to being burned in an electric generating plant. TheMTR segment of the 
facility has six 18-inch diameter pipelines runningone mile from the 
dock-side manifold to several storage tanks whichare located in the non-
transportation-related portion of the facility.Although the facility 
piping has a normal working pressure of 100pounds per square inch, the 
piping has a maximum allowable workingpressure (MAWP) of 150 pounds per 
square inch. At MAWP, the pumpingsystem can move 10,000 barrels (bbls) 
of Number 6 oil every hourthrough each pipeline. The facility has a 
roving watchman who isrequired to drive the length of the piping every 2 
hours when thefacility is receiving oil from a barge. The facility 
operatorestimates that it will take approximately 10 minutes to secure 
pumpingoperations when a discharge is discovered. Using the definition 
ofworst case discharge provided in Sec. 154.1029(b)(ii), thefollowing 
calculation is provided:

 
                                                                  bbls.
 
2 hrs + 0.17 hour x 10,000 bbls per hour......................    21,700
Piping volume = 37,322 ft \3\ / 5.6ft \3\/bbl.................    +6,664
                                                               ---------
Discharge volume per pipe.....................................    28,364
Number of pipelines...........................................        x6
                                                               ---------
Worst case discharge from MTR facility........................   170,184
 

    To calculate the planning volumes for onshore recovery:

Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil onshore recovery (from Table 2): Inland 70%
Planning volumes for onshore recovery: Inland 170,184 x.7x 1.4 = 166,780 
bbls.

    Conclusion: The facility owner or operator must contract with 
aresponse resource capable of managing a 166,780 barrel 
shorelinecleanup.
    To calculate the planning volumes for on-water recovery:


[[Page 394]]


Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil on-water recovery (from Table 2): Inland 50%
Planning volumes for on-water recovery: Inland170,184x.5x1.4 = 119,128 
bbls.

    To determine the required resources for on-water recovery for 
eachtier, use the mobilization factors from Table 4:

------------------------------------------------------------------------
                                                Tier 1   Tier 2   Tier 3
------------------------------------------------------------------------
Inland = 119,128bbls.........................    x .15    x .25    x .40
                                              --------------------------
Barrels per day (pbd)........................   17,869   29,782   47,652
------------------------------------------------------------------------

    Conclusion: Since the requirements for all tiers for inland 
exceedthe caps, the facility owner will only need to contract for 10,000 
bpdfor Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. 
Sourcesfor the bpd on-water recovery resources above the caps for all 
threeTiers need only be identified in the response plan.
    Twenty percent of the capability for Inland, for all tiers, mustbe 
capable of operating in water with a depth of 6 feet or less.
    The facility owner or operator will also be required to identifyor 
ensure, by contract or other approved means as described inSec. 
154.1028(a), sufficient response resources requiredunder Sec. Sec. 
154.1035(b)(4) and 154.1045(k) to protectfish and wildlife and sensitive 
environments identified in theresponse plan for the worst case discharge 
from the facility.
    The COTP has the discretion to accept that a facility can 
operateonly a limited number of the total pipelines at a dock at a time. 
Inthose circumstances, the worst case discharge must include thedrainage 
volume from the piping normally not in use in addition to thedrainage 
volume and volume of oil discharged during discovery and shutdown of the 
oil discharge from the operating piping.

     8. Determining the Availability of Alternative Response Methods

    8.1 Response plans for facilities that handle, store, ortransport 
Groups II or III persistent oils that operate in an areawith year-round 
preapproval for dispersant use may receive credit forup to 25 percent of 
their required on-water recovery capacity for 1993if the availability of 
these resources is ensured by contract or otherapproved means as 
described in Sec. 154.1028(a). Forresponse plan credit, these resources 
must be capable of being on-scene within 12 hours of a discharge.
    8.2 To receive credit against any required on-water recovercapacity 
a response plan must identify the locations of dispersantstockpiles, 
methods of shipping to a staging area, and appropriateaircraft, vessels, 
or facilities to apply the dispersant and monitorits effectiveness at 
the scene of an oil discharge.
    8.2.1 Sufficient volumes of dispersants must be available totreat 
the oil at the dosage rate recommended by the dispersantmanufacturer. 
Dispersants identified in a response plan must be on theNCP Product 
Schedule that is maintained by the EnvironmentalProtection Agency. (Some 
states have a list of approved dispersantsand within state waters only 
they can be used.)
    8.2.2 Dispersant application equipment identified in aresponse plan 
for credit must be located where it can be mobilized toshoreside staging 
areas to meet the time requirements in section 8.1of this appendix. 
Sufficient equipment capacity and sources ofappropriate dispersants 
should be identified to sustain dispersantapplication operations for at 
least 3 days.
    8.2.3 Credit against on-water recovery capacity inpreapproved areas 
will be based on the ability to treat oil at a rateequivalent to this 
credit. For example, a 2,500 barrel credit againstthe Tier 1 10,000 
barrel on-water cap would require the facility owneror operator to 
demonstrate the ability to treat 2,500 barrel/day ofoil at the 
manufacturers recommended dosage rate. Assuming a dosagerate of 10:1, 
the plan would need to show stockpiles and sources of250 barrels of 
dispersants at a rate of 250 barrels per day and theability to apply the 
dispersant at that daily rate for 3 days in thegeographic area in which 
the facility is located. Similar data wouldneed to be provided for any 
additional credit against Tier 2 and 3resources.
    8.3 In addition to the equipment and supplies required, afacility 
owner or operator shall identify a source of support toconduct the 
monitoring and post-use effectiveness evaluation requiredby applicable 
regional plans and ACPs.
    8.4 Identification of the response resources for 
dispersantapplication does not imply that the use of this technique will 
beauthorized. Actual authorization for use during a spill response 
willbe governed by the provisions of the NCP and the applicable 
regionalplan or ACP. A facility owner or operator who operates a 
facility inareas with year-round preapproval of dispersant can reduce 
therequired on-water recovery capacity for 1993 up to 25 percent. 
Afacility owner or operator may reduce the required on water recoverycap 
increase for 1998 and 2003 up to 50 percent by identifying pre-approved 
alternative response methods.
    8.5 In addition to the credit identified above, a facilityowner or 
operator that operates in a year-round area pre-approved fordispersant 
use may reduce their required on water recovery capincrease for 1998 and 
2003 by up to 50 percent by identifying non-mechanical methods.

[[Page 395]]

    8.6 The use of in-situ burning as a non-mechanicalresponse method is 
still being studied. Because limitations anduncertainties remain for the 
use of this method, it may not be used toreduce required oil recovery 
capacity in 1993.

    9. Additional Equipment Necessary To Sustain Response Operations

    9.1 A facility owner or operator is responsible for ensuringthat 
sufficient numbers of trained personnel and boats, aerialspotting 
aircraft, containment boom, sorbent materials, boom anchoringmaterials, 
and other supplies are available to sustain responseoperations to 
completion. All such equipment must be suitable for usewith the primary 
equipment identified in the response plan. A facilityowner or operator 
is not required to list these response resources,but shall certify their 
availability.
    9.2 A facility owner or operator shall evaluate theavailability of 
adequate temporary storage capacity to sustain theeffective daily 
recovery capacities from equipment identified in theplan. Because of the 
inefficiencies of oil spill recovery devices,response plans must 
identify daily storage capacity equivalent totwice the effective daily 
recovery rate required on scene. Thistemporary storage capacity may be 
reduced if a facility owner oroperator can demonstrate by waste stream 
analysis that theefficiencies of the oil recovery devices, ability to 
decant waste, orthe availability of alternative temporary storage or 
disposallocations will reduce the overall volume of oily material 
storagerequirement.
    9.3 A facility owner or operator shall ensure that his orher 
planning includes the capability to arrange for disposal ofrecovered oil 
products. Specific disposal procedures will be addressedin the 
applicable ACP.

                        Table 1--Response ResourceOperating Criteria Oil Recovery Devices
----------------------------------------------------------------------------------------------------------------
            Operating environment                           Significant wave height \1\               Sea State
----------------------------------------------------------------------------------------------------------------
Rivers and Canals............................  <=1 Foot............................................            1
Inland.......................................  <=3 feet............................................            2
Great Lakes..................................  <=4 feet............................................          2-3
Ocean........................................  <=6 feet............................................          3-4
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                      BOOM
-----------------------------------------------------------------------------------------------------------------
                                                                                    Use
                                                         -------------------------------------------------------
                      Boom property                        Rivers and
                                                             canals        Inland      Great Lakes      Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave Height \1\.............................           <=1           <=3           <=4           <=6
Sea State...............................................             1             2           2-3           3-4
Boom height--in. (draft plus freeboard).................          6-18         18-42         18-42          <=42
Reserve Buoyancy to Weight Ratio........................           2:1           2:1           2:1    3:1 to 4:1
Total TensileStrength--lbs..............................         4,500     15-20,000     15-20,000      <=20,000
Skirt Fabric Tensile Strength--lbs......................           200           300           300           500
Skirt Fabric Tear Strength--lbs.........................           100           100           100           125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom must be at least capable ofoperating in wave heights up to and including the
  values listed inTable 1 for each operating environment.


                                                         Table 2--Removal CapacityPlanning Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Spill location                           Rivers and canals               Nearshore/inland Great Lakes                Offshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
   Sustainability of on-water oilrecovery                     3 Days                               4 Days                            6 Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     %                                 %                                 %
                                                      %          Recovered  % Oil on   % Natural   Recovered  % Oil on   % Natural   Recovered    % Oil
                 Oil group                   Naturaldissipation   floating    shore   dissipation   floating    shore   dissipation   floating   onshore
                                                                    oil                               oil                               oil
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Non-persistent oils......................             80              10        10          80          20        10          95           5         /
2 Light crudes.............................             40              15        45          50          50        30          75          25         5
3 Medium crudes andfuels...................             20              15        65          30          50        50          60          40        20
4 Heavy crudes andfuels....................              5              20        75          10          50        70          50          40        30
--------------------------------------------------------------------------------------------------------------------------------------------------------


         Table 3--Emulsification Factors forPetroleum Oil Groups
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Non-Persistent Oil:
  Group I........................................................    1.0
Persistent Oil:
  Group II.......................................................    1.8

[[Page 396]]

 
  Group III......................................................    2.0
  Group IV.......................................................    1.4
------------------------------------------------------------------------


       Table 4--On Water Oil Recovery ResourceMobilization Factors
------------------------------------------------------------------------
                                                      Tier   Tier
                   Operating Area                      1      2    Tier3
------------------------------------------------------------------------
Rivers & Canals....................................    .30    .40    .60
Inland/Nearshore/Great Lakes.......................    .15    .25    .40
Offshore...........................................    .10   .165    .21
------------------------------------------------------------------------
Note: These mobilization factors are for total response
  resourcesmobilized, not incremental response resources.


                               Table 5--Response CapabilityCaps by Operating Area
----------------------------------------------------------------------------------------------------------------
                                           Tier 1                     Tier 2                     Tier 3
----------------------------------------------------------------------------------------------------------------
February 18, 1993:
    All except rivers and        10K bbls/day.............  20Kbbls/day..............  40K bbls/day/
     canals, Great Lakes.
    Great Lakes................  5K bbls/day..............  10K bbls/day.............  20K bbls/day.
    Rivers and canals..........  1,500 bbls/day...........  3,000 bbls/day...........  6,000 bbls/day.
February 18, 1998:
    All except rivers and        12.5K bbls/day...........  25Kbbls/day..............  50K bbls/day.
     canals, Great Lakes.
    Great Lakes................  6.25K bbls/day...........  12.3K bbls/day...........  25K bbls/day.
    Rivers and canals..........  1,875 bbls/day...........  3,750 bbls/day...........  7,500 bbls/day.
February 18, 2003:
    All except rivers and        TBD......................  TBD......................  TBD.
     canals, Great Lakes.
    Great Lakes................  TBD......................  TBD......................  TBD.
    Rivers and canals..........  TBD......................  TBD......................  TBD.
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recoverycapacity, not incremental increases.
TBD = To be determined.


[CGD 91-036, 61 FR 7933, Feb. 29, 1996, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996;USCG-1999-5151, 64 FR 67175, Dec. 1, 1999;USCG-
2000-7223, 65 FR 40058, June 29, 2000;USCG-2005-21531, 70 FR 36349, June 
23, 2005]



  Sec. Appendix D to Part 154--TrainingElements for Oil Spill Response 
                                  Plans

                               1. General

    1.1 The portion of the plan dealing with training is one ofthe key 
elements of a response plan. This concept is clearly expressedby the 
fact that Congress, in writing OPA 90, specifically includedtraining as 
one of the sections required in a vessel or facilityresponse plan. In 
reviewing submitted response plans, it has beennoted that the plans 
often do not provide sufficient information inthe training section of 
the plan for either the user or the reviewerof the plan. In some cases, 
plans simply state that the crew andothers will be trained in their 
duties and responsibilities, with noother information being provided. In 
other plans, information issimply given that required parties will 
receive the necessary workersafety training (HAZWOPER).
    1.2 The training section of the plan need not be a detailedcourse 
syllabus, but it must contain sufficient information to allowthe user 
and reviewer (or evaluator) to have an understanding of thoseareas that 
are believed to be critical. Plans should identify keyskill areas and 
the training that is required to ensure that theindividual identified 
will be capable of performing the dutiesprescribed to them. It should 
also describe how the training will bedelivered to the various 
personnel. Further, this section of the planmust work in harmony with 
those sections of the plan dealing withexercises, the spill management 
team, and the qualified individual.
    1.3 The material in this appendix D is not all-inclusive andis 
provided for guidance only.

                       2. Elements To Be Addressed

    2.1 To assist in the preparation of the training section ofa 
facility response plan, some of the key elements that should beaddressed 
are indicated in the following sections. Again, while it isnot necessary 
that the comprehensive training program for the companybe included in 
the response plan, it is necessary for the plan toconvey the elements 
that define the program as appropriate.
    2.2 An effective spill response training program shouldconsider and 
address the following:
    2.2.1 Notification requirements and procedures.

[[Page 397]]

    2.2.2 Communication system(s) used for thenotifications.
    2.2.3 Procedures to mitigate or prevent any discharge or 
asubstantial threat of a discharge of oil resulting from failure 
ofmanifold, mechanical loading arm, or other transfer equipment orhoses, 
as appropriate;
    2.2.3.1 Tank overfill;
    2.2.3.2 Tank rupture;
    2.2.3.3 Piping rupture;
    2.2.3.4 Piping leak, both under pressure and not underpressure, if 
applicable;
    2.2.3.5 Explosion or fire;
    2.2.3.6 Equipment failure (e.g., pumping system failure,relief valve 
failure, or other general equipment relevant tooperational activities 
associated with internal or external facilitytransfers).
    2.2.4 Procedures for transferring responsibility fordirection of 
response activities from facility personnel to the spillmanagement team.
    2.2.5 Familiarity with the operational capabilities of thecontracted 
oil spill removal organizations and the procedures tonotify the activate 
such organizations.
    2.2.6 Familiarity with the contracting and orderingprocedures to 
acquire oil spill removal organization resources.
    2.2.7 Familiarity with the ACP(s).
    2.2.8 Familiarity with the organizational structures thatwill be 
used to manage the response actions.
    2.2.9 Responsibilities and duties of the spill managementteam 
members in accordance with designated job responsibilities.
    2.2.10 Responsibilities and authority of the qualifiedindividual as 
described in the facility response plan and companyresponse 
organization.
    2.2.11 Responsibilities of designated individuals toinitiate a 
response and supervise response resources.
    2.2.12 Actions to take, in accordance with designated 
jobresponsibilities, in the event of a transfer system leak, 
tankoverflow, or suspected cargo tank or hull leak.
    2.2.13 Information on the cargoes handled by the vessel orfacility, 
including familiarity with--
    2.2.13.1 Cargo material safety data sheets;
    2.2.13.2 Chemical characteristic of the cargo;
    2.2.13.3 Special handling procedures for the cargo;
    2.2.13.4 Health and safety hazards associated with thecargo; and
    2.2.13.5 Spill and firefighting procedures for cargo.
    2.2.14 Occupational Safety and Health Administrationrequirements for 
worker health and safety (29 CFR 1910.120).

                        3. Further Considerations

    In drafting the training section of the facility response plan,some 
further considerations are noted below (these points are raisedsimply as 
a reminder):
    3.1 The training program should focus on training providedto 
facility personnel.
    3.2 An organization is comprised of individuals, and atraining 
program should be structured to recognize this fact byensuring that 
training is tailored to the needs of the individualsinvolved in the 
program.
    3.3 An owner or operator may identify equivalent workexperience 
which fulfills specific training requirements.
    3.4 The training program should include participation inperiodic 
announced and unannounced exercises. This participationshould 
approximate the actual roles and responsibilities of individualspecified 
in the plan.
    3.5 Training should be conducted periodically to reinforcethe 
required knowledge and to ensure an adequate degree ofpreparedness by 
individuals with responsibilities under the facilityresponse plan.
    3.6 Training may be delivered via a number of differentmeans; 
including classroom sessions, group discussions, video tapes,self-study 
workbooks, resident training courses, on-the-job training,or other means 
as deemed appropriate to ensure proper instruction.
    3.7 New employees should complete the training program priorto being 
assigned job responsibilities which require participation inemergency 
response situations.

                              4. Conclusion

    The information in this appendix is only intended to assistresponse 
plan preparers in reviewing the content of and in modifyingthe training 
section of their response plans. It may be morecomprehensive than is 
needed for some facilities and not comprehensiveenough for others. The 
Coast Guard expects that plan preparers havedetermined the training 
needs of their organizations created by thedevelopment of the response 
plans and the actions identified asnecessary to increase the 
preparedness of the company and itspersonnel to respond to actual or 
threatened discharges of oil fromtheir facilities.

[CGD 91-036, 61 FR 7938, Feb. 29, 1996]



PART 155_OIL OR HAZARDOUS MATERIALPOLLUTION PREVENTION REGULATIONS FOR VESSELS--Table of Contents




                            Subpart A_General

Sec.
155.100 Applicability.
155.110 Definitions.
155.120 Equivalents.
155.130 Exemptions.
155.140 Incorporation by reference.

[[Page 398]]

                       Subpart B_Vessel Equipment

155.200 Definitions.
155.205 Discharge removal equipment for vessels 400 feet orgreater in 
          length.
155.210 Discharge removal equipment for vessels less than400 feet in 
          length.
155.215 Discharge removal equipment for inland oil barges.
155.220 Discharge removal equipment for vessels carrying oilas secondary 
          cargo.
155.225 Internal cargo transfer capability.
155.230 Emergency control systems for tank barges.
155.235 Emergency towing capability for oil tankers.
155.240 Damage stability information for oil tankers andoffshore oil 
          barges.
155.245 Damage stability information for inland oil barges.
155.310 Containment of oil and hazardous material cargodischarges.
155.320 Fuel oil and bulk lubricating oil dischargecontainment.
155.330 Oily mixture (bilge slops)/fuel oil tank ballastwater discharges 
          on U.S. non-oceangoing ships.
155.350 Oily mixture (Bilge slops)/fuel oil tank ballastwater discharges 
          on oceangoing ships of less than 400 gross tons.
155.360 Oily Mixture (Bilge slops) discharges on oceangoingships of 400 
          gross tons and above but less than 10,000 gross tons,excluding 
          ships that carry ballast water in their fuel oil tanks.
155.370 Oily mixture (bilge slops)/fuel oil tank ballastwater discharges 
          on oceangoing ships of 10,000 gross tons and aboveand 
          oceangoing ships of 400 gross tons and above that carry 
          ballastwater in their fuel oil tanks.
155.380 Oily-water separating equipment, bilge alarm, andbilge monitor 
          approval standards.
155.400 Platform machinery space drainage on oceangoingfixed and 
          floating drilling rigs and other platforms.
155.410 Pumping, piping and discharge requirements for U.S.non-
          oceangoing ships of 100 gross tons and above.
155.420 Pumping, piping and discharge requirements foroceangoing ships 
          of 100 gross tons and above but less than 400 grosstons.
155.430 Standard discharge connections for oceangoing shipsof 400 gross 
          tons and above.
155.440 Segregation of fuel oil and ballast water on newoceangoing ships 
          of 4,000 gross tons and above, other than oiltankers, and on 
          new oceangoing oil tankers of 150 gross tons andabove.
155.450 Placard.
155.470 Prohibited spaces.
155.480 Overfill devices.
155.490 Tank level or pressure monitoring devices.

     Subpart C_Transfer Personnel, Procedures, Equipment, andRecords

155.700 Designation of person in charge.
155.710 Qualifications of person in charge.
155.715 Contents of letter of designation as a person-in-charge of the 
          transfer of fuel oil.
155.720 Transfer procedures.
155.730 Compliance with transfer procedures.
155.740 Availability of transfer procedures.
155.750 Contents of transfer procedures.
155.760 Amendment of transfer procedures.
155.770 Draining into bilges.
155.775 Maximum cargo level of oil.
155.780 Emergency shutdown.
155.785 Communications.
155.790 Deck lighting.
155.800 Transfer hose.
155.805 Closure devices.
155.810 Tank vessel security.
155.815 Tank vessel integrity.
155.820 Records.

              Subpart D_Tank Vessel Response Plans for Oil

155.1010 Purpose.
155.1015 Applicability.
155.1020 Definitions.
155.1025 Operating restrictions and interim operatingauthorization.
155.1026 Qualified individual and alternate qualifiedindividual.
155.1030 General response plan requirements.
155.1035 Response plan requirements for manned vesselscarrying oil as a 
          primary cargo.
155.1040 Response plan requirements for unmanned tank bargescarrying oil 
          as a primary cargo.
155.1045 Response plan requirements for vessels carrying oilas a 
          secondary cargo.
155.1050 Response plan development and evaluation criteriafor vessels 
          carrying groups I through IV petroleum oil as a primarycargo.
155.1052 Response plan development and evaluation criteriafor vessels 
          carrying group V petroleum oil as a primary cargo.
155.1055 Training.
155.1060 Exercises.
155.1062 Inspection and maintenance of response resources.
155.1065 Procedures for plan submission, approval, requestsfor 
          acceptance of alternative planning criteria, and appeal.

[[Page 399]]

155.1070 Procedures for plan review, revision,amendment, and appeal.

Subpart E_Additional Response Plan Requirements for TankersLoading Cargo 
at a Facility Permitted Under the Trans-Alaska PipelineAuthorization Act

155.1110 Purpose and applicability.
155.1115 Definitions.
155.1120 Operating restrictions and interim operatingauthorization.
155.1125 Additional response plan requirements.
155.1130 Requirements for prepositioned response equipment.
155.1135 Response plan development and evaluation criteria.
155.1145 Submission and approval procedures.
155.1150 Plan revision and amendment procedures.

Subpart F_Response plan requirements for vessels carryinganimal fats and 
                    vegetable oils as a primary cargo

155.1210 Purpose and applicability.
155.1225 Response plan submission requirements.
155.1230 Response plan development and evaluation criteria.

   Subpart G_Response Plan Requirements for Vessels CarryingOther Non-
                    Petroleum Oils as a Primary Cargo

155.2210 Purpose and applicability.
155.2225 Response plan submission requirements.
155.2230 Response plan development and evaluation criteria.

Appendix A to Part 155--Specifications for ShoreConnection
Appendix B to Part 155--Determining and EvaluatingRequired Response 
          Resources for Vessel Response Plans
Appendix C to Part 155--Training Elements for Oil SpillResponse Plans

    Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR,1971-1975 
Comp., p. 793. Sections 155.100 through 155.130,155.350 through 155.400, 
155.430, 155.440, 155.470, 155.1030(j) and(k), and 155.1065(g) are also 
issued under 33 U.S.C. 1903(b). Sections155.480, 155.490, 155.750(e), 
and 155.775 are also issued under 46U.S.C. 3703. Section 155.490 also 
issued under section 4110(b) of Pub.L. 101-380. Sections 155.110-
155.130,155.350-155.400, 155.430, 155.440, 155.470, 155.1030(j) and(k), 
and 155.1065(g) also issued under 33 U.S.C. 1903(b); andSec. Sec. 
155.1110-155.1150 also issued under 33U.S.C. 2735.
    Note: Additional requirements for vessels carrying oil orhazardous 
materials are contained in 46 CFR parts 30 through 40, 150,151, and 153.



                            Subpart A_General

    Source: CGD 75-124a, 48 FR 45714, Oct. 6, 1983,unless otherwise 
noted.



Sec. 155.100  Applicability.

    (a) Subject to the exceptions provided for in paragraph (b) and(c) 
of this section, this part applies to each ship that:
    (1) Is operated under the authority of the United States, 
whereverlocated; or
    (2) Is operated under the authority of a country other than 
theUnited States while in the navigable waters of the United States, 
orwhile at a port or terminal under the jurisdiction of the 
UnitedStates.
    (b) This part does not apply to:
    (1) A warship, naval auxiliary, or other ship owned or operated bya 
country when engaged in non-commercial service; or
    (2) Any other ship specifically excluded by MARPOL 73/78.
    (c) Section 155.480 applies to each tank vessel with a cargocapacity 
of 1,000 or more cubic meters (approximately 6,290 barrels),loading oil 
or oil reside as cargo that is operated under theauthority of the United 
States, wherever located, or operated underthe authority of a country 
other than the United States while in thenavigable waters of the United 
States, or while at a port or terminalunder the jurisdiction of the 
United States.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended byCGD 90-071a, 62 FR 
48773, Sept. 17, 1997]



Sec. 155.110  Definitions.

    Except as specifically stated in a section, the definitions inpart 
151 of this chapter, except for the word ``oil'', andin part 154 of this 
chapter, apply to this part.

[CGD 90-071a, 59 FR 53290, Oct. 21, 1994]



Sec. 155.120  Equivalents.

    (a) For ships required to be surveyed under Sec. 151.17of this 
chapter, the Commandant may, upon receipt of a writtenrequest, allow any 
fitting, material, appliance or apparatus to befitted

[[Page 400]]

in a ship as an alternative to that required by bothMARPOL 73/78 and 
subpart B of this part if such fitting, material,appliance, or apparatus 
is at least as effective as that required bysubpart B. Substitution of 
operational methods to control thedischarge of oil in place of those 
design and construction featuresprescribed by MARPOL 73/78 that are also 
prescribed by subpart B ofthis part is not allowed.
    (b) Any equivalent to a feature prescribed by MARPOL 73/78 that 
isauthorized for a ship having an IOPP Certificate is noted on 
thatCertificate.
    (c) For tank vessels required to have overfill devices 
installedunder parts 155 and 156 of this chapter, the Commandant may, 
uponreceipt of a written request, allow any fitting, material, 
appliance,or apparatus to be fitted in a tank vessel as an alternative 
to therequired overfill device(s) that are specified in these parts if 
theproposed alternative device is at least as effective as that 
requiredin the regulations.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended byCGD 90-071a, 59 FR 
53290, Oct. 21, 1994]



Sec. 155.130  Exemptions.

    (a) The Commandant grants an exemption or partial exemption 
fromcompliance with any requirement in this part if:
    (1) A ship operator submits a written request for an exemption 
viathe COTP or OCMI thirty (30) days before operations under 
theexemption are proposed unless the COTP or OCMI authorizes a 
shortertime; and
    (2) It is determined from the request that:
    (i) Compliance with a specific requirement is economically 
orphysically impractical;
    (ii) No alternative procedures, methods, or equipment standardsexist 
that would provide an equivalent level of protection frompollution; and
    (iii) The likelihood of discharges occurring as a result of 
theexemption is minimal.
    (b) If requested, the applicant must submit any 
appropriateinformation, including an environmental and economic 
assessment of theeffects of and the reasons for the exemption and 
proposed procedures,methods, or equipment standards.
    (c) The exemption may specify the procedures, methods, orequipment 
standards that will apply.
    (d) An oceangoing ship is not given an exemption from 
therequirements of subpart B of this part unless the ship is a 
hydrofoil,air cushion vehicle or other new type of ship (near-surface 
craft,submarine craft, etc.) whose constructional features are such as 
torender the application of any of the provisions of subpart B 
relatingto construction and equipment unreasonable or impractical. 
Theconstruction and equipment of the ship must provide 
protectionequivalent to that afforded by subpart B of this part 
againstpollution, having regard to the service for which the ship 
isintended.
    (e) An exemption is granted or denied in writing. The decision ofthe 
Commandant is a final agency action.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended byCGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.140  Incorporation by reference.

    (a) Certain material is incorporated by reference into this partwith 
the approval of the Director of the Federal Register 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 change in the Federal Register and thematerial must be 
available to the public. All approved material isavailable for 
inspection at the U.S. Coast Guard Office of Compliance(CG-543), 2100 
Second Street SW., Washington, 20593-0001, andat the National Archives 
and Records Administration (NARA). 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. All approved material is available from thesources 
indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in 
thispart, and the sections affected, are as follows:

American National Standards Institute, Inc. (ANSI) 11 West42nd Street, 
New York, NY 10036

[[Page 401]]



ANSI A10.14--Requirements for Safety       155.230
 Belts, Harnesses,Lanyards and Lifelines
 for Construction and Demolition Use,1991.
 

American Society for Testing and Materials (ASTM) 100 BarrHarbor Drive, 
West Conshohocken, PA 19428-2959

ASTM F 631-93, Standard Guide for          Appendix B.
 Collecting SkimmerPerformance Data in
 Controlled Environments.
ASTM F 715-95, Standard Test Methods for   Appendix B.
 Coated FabricsUsed for Oil Spill Control
 and Storage.
ASTM F 722-82 (1993), Standard             Appendix A; Appendix B.
 Specification for WeldedJoints for
 Shipboard Piping Systems.
 

International Maritime Organization (IMO) PublicationsSection, 4 Albert 
Embankment, London SE1 75R, United Kingdom, Telex23588.

Resolution A.535(13), Recommendations on   155.235
 Emergency TowingRequirements for
 Tankers, November 17, 1983.
Resolution MSC.35(63), Adoption of         155.235
 Guidelines for Emergency
 TowingArrangement on Tankers, May 20,
 1994.
 

Oil Companies International Marine Forum (OCIMF) 15th Floor,96 Victoria 
Street, London SW1E 5JW England.

Ship to Ship Transfer Guide (Petroleum),   155.1035
 Second Edition,1988.
 


[CGD 91-034, 58 FR 7424, Feb. 5, 1993, as amended byCGD 90-068, 58 FR 
67995, Dec. 22, 1993; CGD 96-026, 61FR 33666, June 28, 1996; CGD 95-028, 
62 FR 51194, Sept. 30,1997; USCG-1998-4443, 63 FR 71763, Dec. 30, 
1998;USCG-1999-5151, 64 FR 67176, Dec. 1, 1999; 69 FR 18803,Apr. 9, 
2004; USCG-2008-0179, 73 FR 35015, June 19,2008]



                       Subpart B_Vessel Equipment

    Source: CGD 75-124a, 48 FR 45715, Oct. 6, 1983,unless otherwise 
noted.



Sec. 155.200  Definitions.

    As used in this subpart:
    Inland oil barge means a tank barge carrying oil in bulk ascargo 
certificated by the Coast Guard under 46 CFR chapter I,subchapter D for 
river or canal service or lakes, bays, and soundsservice.
    On-deck spill means a discharge of oil on the deck of avessel during 
loading, unloading, transfer, or other shipboardoperations. An on-deck 
spill could result from a leaking fitting, anoverfill, a bad connection, 
or similar operational mishap. The termon-deck spill is used to 
differentiate these operationaldischarges from those caused by collision 
or grounding where the hullis punctured and a tank is ruptured, 
resulting in an uncontrolleddischarge of oil into the marine 
environment.
    Offshore oil barge means a tank barge carrying oil in bulkas cargo, 
including dual-mode integrated tug-barges, certificated bythe Coast 
Guard under 46 CFR chapter I, subchapter D, for navigationin waters 
outside the Boundary Lines, as defined in 46 CFR part 7, inany ocean or 
the Gulf of Mexico; any tank barge in Great Lakesservice; or any foreign 
flag tank barge.
    Oil tanker means a self-propelled vessel carrying oil inbulk as 
cargo, including integrated tug-barges designed for push-modeoperation.
    Sea state 5, the equivalent of Beaufort number or force 6,is a sea 
condition with winds speeds of 22 to 27 knots and classifiedas ``strong 
breeze'', and with waves measuring 2.5 to 4meters in height and 
classified as ``rough''.
    Vessel carrying oil as secondary cargo means a vesselcarrying oil 
pursuant to a permit issued under 46 CFR 30.01-5,46 CFR 70.05-30, or 46 
CFR 90.05-35 or pursuant to anInternational Oil Pollution Prevention 
(IOPP) or Noxious LiquidSubstance (NLS) certificate required by 
Sec. Sec. 151.33or 151.35 of this chapter; or any uninspected vessel 
that carries oilin bulk as cargo.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended byUSCG-2001-9046, 67 
FR 58524, Sept. 17, 2002]

    Effective Date Note: By USCG-2001-9046, 70FR 41617, July 20, 2005, 
the definition for ``Sea state5'' was suspended from Aug. 19, 2005 until 
July 21, 2008. At 73FR 24500, May 5, 2008, it was further suspended from 
June 4, 2008until June 6, 2011.



Sec. 155.205  Discharge removal equipment for vessels 400 feet or greater inlength.

    (a) Oil tankers and offshore oil barges with an overall length of400 
feet or

[[Page 402]]

more must carry appropriate equipment and suppliesfor the containment 
and removal of on-deck oil cargo spills of atleast 12 barrels.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning;
    (5) Protective clothing;
    (6) A minimum of one non-sparking portable pump with hoses; and
    (7) Scupper plugs.
    (c) During cargo transfer operations, the equipment and suppliesmust 
remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 155.210  Discharge removal equipment for vessels less than 400 feet inlength.

    (a) Oil tankers and offshore oil barges with an overall length 
ofless than 400 feet must carry appropriate equipment and supplies 
forthe containment and removal of on-deck oil spills of at least 
7barrels.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning;
    (5) Protective clothing;
    (6) A minimum of one non-sparking portable pump with hoses; and
    (7) Scupper plugs.
    (c) During cargo transfer operations, the equipment and suppliesmust 
remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 155.215  Discharge removal equipment for inland oil barges.

    (a) During cargo transfer operations, inland oil barges must 
haveappropriate equipment and supplies ready for immediate use to 
controland remove on-deck oil cargo spills of at least one barrel.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning; and
    (5) Protective clothing.
    (c) The oil barge owner or operator may rely on equipmentavailable 
at the transfer facility receiving from or discharging tothe barge, 
provided the barge owner or operator has prearranged forthe use of the 
equipment by contract or other means approved by theCoast Guard.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 155.220  Discharge removal equipment for vessels carrying oil as secondarycargo.

    (a) Vessels carrying oil as secondary cargo must carry 
appropriateequipment and supplies for the containment and removal of on-
deck oilcargo spills of at least one-half barrel.
    (b) The equipment and supplies must include--
    (1) Sorbents;
    (2) Non-sparking hand scoops, shovels, and buckets;
    (3) Containers suitable for holding recovered waste;
    (4) Emulsifiers for deck cleaning; and
    (5) Protective clothing
    (c) The equipment and supplies must be ready for immediate useduring 
cargo transfer operations.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 155.225  Internal cargo transfer capability.

    Oil tankers and offshore oil barges must carry suitable hoses 
andreducers for internal transfer of cargo to tanks or other 
spaceswithin the cargo block, unless the vessel's installed cargo 
pipingsystem is capable of performing this function.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]

[[Page 403]]



Sec. 155.230  Emergency control systems for tank barges.

    (a) Application. This section does not apply to foreignvessels 
engaged in innocent passage (that is, neither entering norleaving a U.S. 
port); it applies to tank barges and vessels towingthem on the following 
waters:
    (1) On the territorial sea of the U.S. [as defined in 
PresidentialProclamation 5928 of December 27, 1988, it is the belt of 
waters 12nautical miles wide with its shoreward boundary the baseline of 
theterritorial sea], unless--
    (i) The barge is being pushed ahead of, or towed alongside, 
thetowing vessel; and
    (ii) The barge's coastwise route is restricted, on its certificateof 
inspection (COI), so the barge may operate ``in fair weatheronly, within 
20 miles of shore,'' or with words to that effect.The Officer in Charge, 
Marine Inspection, may define ``fairweather'' on the COI.
    (2) In Great Lakes service unless--
    (i) The barge is being pushed ahead of, or towed alongside, 
thetowing vessel; and
    (ii) The barge's route is restricted, on its certificate 
ofinspection (COI), so the barge may operate ``in fair weatheronly, 
within 5 miles of a harbor,'' or with words to thateffect. The Officer 
in Charge, Marine Inspection, may define``fair weather'' on the COI.
    (3) On Long Island Sound. For the purposes of this section, 
LongIsland Sound comprises the waters between the baseline of 
theterritorial sea on the eastern end (from Watch Hill Point, 
RhodeIsland, to Montauk Point, Long Island) and a line drawn north 
andsouth from Premium Point, New York (about 40[deg]54.5[min] 
N,73[deg]45.5[min] W), to Hewlett Point, Long Island 
(about40[deg]50.5[min] N, 73[deg]45.3[min] W), on the western end.
    (4) In the Strait of Juan de Fuca.
    (5) On the waters of Admiralty Inlet north of Marrowstone 
Point(approximately 48[deg]06[min] N, 122[deg]41[min] W).
    (b) Safety program. If you are the owner or operator of asingle-hull 
tank barge or of a vessel towing it, you must adequatelyman and equip 
either the barge or the vessel towing it so the crew canarrest the barge 
by employing Measure 1, described in paragraph(b)(1) of this section. 
Moreover, the crew must be able to arrest orretrieve the barge by 
employing either Measure 2 or Measure3, described in paragraphs (b)(2) 
and (3) of this section,respectively. If you are the owner or operator 
of a double-hull tankbarge, you must adequately equip it and train its 
crew or, if it isunmanned, train the crew of the vessel towing it, so 
the crew canretrieve the barge by employing Measure 2 described in 
paragraph(b)(2) of this section.
    (1) Measure 1. Each single-hull tank barge, whether mannedor 
unmanned, must be equipped with an operable anchoring system 
thatconforms to 46 CFR 32.15-15; except that, for barges operatingonly 
on the West Coast of the U.S., a system comprising heavy surgegear and 
bridle legs may serve instead of the anchoring system.Because these 
systems will also serve as emergency control systems,the owner or 
operator must ensure that they meet the followingcriteria:
    (i) Operation and performance. When the barge isunderway--
    (A) The system is ready for immediate use;
    (B) No more than two crewmembers are needed to operate the systemand 
anchor the barge or arrest its movement;
    (C) While preparing to anchor the barge or arrest its movement,the 
operator of the system should confer with the master or mate ofthe 
towing vessel regarding appropriate length of cable or chain touse; and
    (D) Each operator of the system should wear a safety belt orharness 
secured by a lanyard to a lifeline, drop line, or fixedstructure such as 
a welded padeye, if the sea or the weather warrantsthis precaution. Each 
safety belt, harness, lanyard, lifeline, anddrop line must meet the 
specifications of ANSI A10.14.
    (ii) Maintenance and inspections. The owner or operator ofthe system 
shall inspect it annually. The inspection must verify thatthe system is 
ready for immediate use, and must include a visualinspection of the 
equipment that comprises the system in accordancewith the manufacturer's 
recommendations. The inspection must alsoverify that the system is being 
maintained in

[[Page 404]]

accordance with themanufacturer's recommendations. The inspection need 
not include actualdemonstration of the operation of the equipment or 
system.
    (iii) Training. On each manned barge, every crewmember mustbe 
thoroughly familiar with the operation of the system. On eachvessel 
towing an unmanned barge, every deck crewmember must bethoroughly 
familiar with the operation of the system installed on thebarge. If 
during the last 12 months the system was not used to anchoror arrest the 
movement of the barge, then a drill on the use of thesystem must be 
conducted within the next month. The drill need notinvolve actual 
deployment of the system. However, it must allow everyparticipant to 
demonstrate the competencies (that is, the knowledge,skills, and 
abilities) needed to ensure that everyone assigned a dutyin anchoring or 
arresting the movement of the barge is ready to do hisor her duty.
    (2) Measure 2. If you are the owner or operator of a tankbarge or a 
vessel towing it and this section applies to you by virtueof paragraph 
(a) of this section, you must have installed an emergencyretrieval 
system or some other measure acceptable to the Coast Guard,as provided 
in paragraph (b)(3) of this section. Any such system mustmeet the 
following criteria:
    (i) Design. The system must use an emergency towline withat least 
the same pulling strength as required of the primarytowline. The 
emergency towline must be readily available on either thebarge or the 
vessel towing it. The towing vessel must have on boardequipment to 
regain control of the barge and continue towing (usingthe emergency 
towline), without having to place personnel on board thebarge.
    (ii) Operation and performance. The system must use astowage 
arrangement that ensures the readiness of the emergencytowline and the 
availability of all retrieval equipment for immediateuse in an emergency 
whenever the barge is being towed astern.
    (iii) Maintenance and inspection. The owner or operator ofthe system 
shall inspect it annually. The inspection must verify thatthe emergency 
retrieval system is ready for immediate use, and mustinclude a visual 
inspection of the equipment that comprises the systemin accordance with 
the manufacturer's recommendations. The inspectionmust also verify that 
the system is being maintained in accordancewith the manufacturer's 
recommendations. The inspection need notinclude actual demonstration of 
the operation of the equipment orsystem. Details concerning maintenance 
of towlines appear in 33 CFR164.74(a)(3) and Navigation and Vessel 
Inspection Circular (NVIC) No.5-92. Our NVICs are available online 
athttp://www.uscg.mil/hq/g-m/nvic/index.htm.
    (iv) Training. Barge-retrieval drills must take placeannually, and 
not more than one month after a master or materesponsible for 
supervising barge retrieval begins employment on avessel that tows tank 
barges.
    (A) Each drill must allow every participant to demonstrate 
thecompetencies (that is, the knowledge, skills, and abilities) needed 
toensure that everyone assigned a duty in barge retrieval is ready to 
dohis or her part to regain control of a drifting barge.
    (B) If the drill includes actual operation of a retrieval system,it 
must be conducted under the supervision of the master or materesponsible 
for retrieval, and preferably in open waters free fromnavigational 
hazards so as to minimize risk to personnel and theenvironment.
    (3) Measure 3. If you are the owner or operator of a tankbarge or a 
vessel towing it and this section applies to you by virtueof paragraph 
(a) of this section, you may use an alternative measureor system fit for 
retrieving a barge or arresting its movement as asubstitute for Measure 
2, described in paragraph (b)(2) of thissection. Before you use such a 
measure or system, however, it mustreceive the approval of the 
Commandant (G-MSE). It will receive thisapproval if it provides 
protection against grounding of the tankvessel comparable to that 
provided by one of the other two measuresdescribed in this section.

[USCG-1998-4443, 65 FR 31811, May 19, 2000]

[[Page 405]]



Sec. 155.235  Emergency towing capability for oil tankers.

    An emergency towing arrangement shall be fitted at both ends onboard 
all oil tankers of not less than 20,000 deadweight tons 
(dwt),constructed on or after September 30, 1997. For oil 
tankersconstructed before September 30, 1997, such an arrangement shall 
befitted at the first scheduled dry-docking, but not later than 
January1, 1999. The design and construction of the towing arrangement 
shallbe in accordance with IMO resolution MSC.35(63).

[CGD 95-028, 62 FR 51194, Sept. 30, 1997]



Sec. 155.240  Damage stability information for oil tankers and offshore oilbarges.

    (a) Owners or operators of oil tankers and offshore oil bargesshall 
ensure that their vessels have prearranged, prompt access 
tocomputerized, shore-based damage stability and residual 
structuralstrength calculation programs.
    (b) Vessel baseline strength and stability characteristics must 
bepre-entered into such programs and be consistent with the 
vessel'sexisting configuration.
    (c) Access to the shore-based calculation program must beavailable 
24 hours a day.
    (d) At a minimum, the program must facilitate calculation of 
thefollowing:
    (1) Residual hull girder strength based on the reported extent 
ofdamage.
    (2) Residual stability when the vessel's compartments arebreached.
    (3) The most favorable off-loading, ballasting, or cargo 
transfersequences to improve residual stability, reduce hull girder 
stresses,and reduce ground-force reaction.
    (4) The bending and shear stresses caused by pinnacle loads 
fromgrounding or stranding.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 155.245  Damage stability information for inland oil barges.

    (a) Owners or operators of inland oil barges shall ensure that 
thevessel plans necessary to perform salvage, stability, and 
residualhull strength assessments are maintained at a shore-based 
location.
    (b) Access to the plans must be available 24 hours a day.

[CGD 90-068, 58 FR 67997, Dec. 22, 1993, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 155.310  Containment of oil and hazardous material cargo discharges.

    (a) A tank vessel with a capacity of 250 or more barrels that 
iscarrying oil or hazardous material as cargo must have--
    (1) Under or around each loading manifold and each 
transferconnection point, a fixed container or enclosed deck area that, 
in allconditions of ship list or trim encountered during the 
loadingoperation, has a capacity of at least:
    (i) One half barrel if it serves one or more hoses with an 
insidediameter of 2 inches or less, or one or more loading arms with 
anominal pipe size diameter of 2 inches or less;
    (ii) One barrel if it serves one or more hoses with an 
insidediameter of more than 2 inches but less than 4 inches, or one or 
moreloading arms with a nominal pipe size diameter of more than 2 
inchesbut less than 4 inches;
    (iii) Two barrels if it serves one or more hoses with an 
insidediameter of 4 inches or more, but less than 6 inches, or one or 
moreloading arms with a nominal pipe size diameter of 4 inches or 
more,but less than 6 inches;
    (iv) Three barrels if it serves one or more hoses with an 
insidediameter of 6 inches or more, but less than 12 inches, or one or 
moreloading arms with a nominal pipe size diameter of 6 inches or 
more,but less than 12 inches; or
    (v) Four barrels if it serves one or more hoses with an 
insidediameter of 12 inches or more, or one or more loading arms with 
anominal pipe size diameter of 12 inches or more;
    (2) A means of draining or removing discharged oil or 
hazardousmaterial from each container or enclosed deck area without 
dischargingthe oil or hazardous material into the water; and
    (3) A mechanical means of closing each drain and scupper in 
thecontainer

[[Page 406]]

or enclosed deck area required by this section.
    (b) An offshore tank barge with a cargo capacity of 250 or 
morebarrels that is carrying hazardous material as cargo and an 
inlandtank barge with the capacity of 250 or more barrels that is 
carryingoil or a hazardous material as cargo must meet paragraph (a) of 
thissection or be equipped with--
    (1) A coaming, at least 4 inches high but not more than 8 
incheshigh, enclosing the immediate area of the cargo hatches, 
loadingmanifolds, and transfer connections, that has a capacity, in 
allconditions of vessel list and trim to be encountered during 
theloading operation, of at least one-half barrel per hatch, 
manifold,and connection within the enclosed area;
    (2) A fixed or portable container under each loading manifold 
andeach transfer connection within the coaming, that holds at least one-
half barrel;
    (3) A mechanical means of closing each drain and scupper withinthe 
coaming; and
    (4) A means of draining or removing discharged oil or 
hazardousmaterial from the fixed or portable container and from within 
thecoamings without discharging the oil or hazardous material into 
thewater.
    (c) All oil tankers and offshore oil barges with a cargo capacityof 
250 or more barrels must have peripheral coamings, including portand 
starboard coamings and forward and aft athwartships coamings,completely 
enclosing the cargo deck area, cargo hatches, manifolds,transfer 
connections, and any other openings where cargo may overflowor leak.
    (1) Coamings must be at least 4 inches high except in the 
aftcorners.
    (2) In the aft corners (port and starboard) of a vessel, thecoamings 
must be at least 8 inches high and extend--
    (i) Forward at least 14 feet from each corner; and
    (ii) Inboard at least 8 feet from each corner.
    (3) Each area enclosed by the coaming required under thisparagraph 
must have--
    (i) A means of draining or removing oil from the enclosed deckarea 
without discharging oil into the water; and
    (ii) A mechanical means of closing each drain and scupper in 
theenclosed deck-area.
    (4) For a tankship, as defined in 46 CFR 30.10-67, thecoaming or 
other barrier required in 46 CFR 32.56-15 may serveas the aft 
athwartships coaming if the tankship is otherwise incompliance with the 
requirements of this section.
    (d) In addition to the requirements of paragraphs (a) and (b) ofthis 
section, an offshore oil barge with a cargo capacity of 250 ormore 
barrels must have--
    (1) A fixed or portable container that holds at least one-halfbarrel 
under each oil loading manifold and each oil transferconnection within 
the coaming;
    (2) A mechanical means of closing each drain and scupper withinthe 
coaming; and
    (3) A means of draining or removing discharged oil from the fixedor 
portable container and from within the coaming without dischargingthe 
oil into the water.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byCGD 86-034, 55 FR 
36254, Sept. 4, 1990; CGD 90-068, 58FR 67997, Dec. 22, 1993; USCG-1998-
3799, 63 FR 35531,June 30, 1998]



Sec. 155.320  Fuel oil and bulk lubricating oil discharge containment.

    (a) A ship of 300 gross tons or more constructed after June 30,1974 
must have a fixed container or enclosed deck area under or aroundeach 
fuel oil or bulk lubricating oil tank vent, overflow, and fillpipe, 
that:
    (1) For a ship of 300 or more but less than 1600 gross tons has 
acapacity of at least one-half barrel; and
    (2) For a ship of 1600 or more gross tons has a capacity of 
onebarrel.
    (b) A ship of 100 gross tons or more constructed before July 1,1974, 
and a ship of 100 or more but less than 300 gross tonsconstructed after 
June 30, 1974 must:
    (1) Meet paragraph (a)(1) of this section; or
    (2) Equip each fuel oil or bulk lubricating oil tank vent,overflow, 
and fill pipe during oil transfer operations with a portablecontainer of 
at least a 5 U.S. gallon capacity; or

[[Page 407]]

    (3) If the ship has a fill fitting for which containment 
isimpractical, use an automatic back pressure shut-off nozzle.
    (c) This section does not apply to a fixed or floating drillingrig 
or other platform.



Sec. 155.330  Oily mixture (bilge slops)/fuel oil tank ballast water dischargeson U.S. non-oceangoing ships.

    (a) No person may operate a U.S. non-oceangoing ship in thenavigable 
waters of the United States, unless it has the capacity toretain on 
board all oily mixtures and is equipped to discharge theseoily mixtures 
to a reception facility.
    (b) A U.S. non-oceangoing ship may retain all oily mixtures onboard 
in the ship's bilges. An oil residue (sludge) tank is notrequired.
    (c) This section does not apply to a fixed or floating drillingrig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-2000-7641, 66 
FR 55571, Nov. 2, 2001]



Sec. 155.350  Oily mixture (Bilge slops)/fuel oil tank ballast water dischargeson oceangoing ships of less than 400 gross tons.

    (a) No person may operate an oceangoing ship of less than 400gross 
tons, unless it either:
    (1) Has the capacity to retain on board all oily mixtures and 
isequipped to discharge these oily mixtures to a reception facility; or
    (2) Has approved oily-water separating equipment for processingoily 
mixtures from bilges or fuel oil tank ballast and discharges intothe sea 
according to Sec. 151.10 of this chapter.
    (b) An oceangoing ship of less than 400 gross tons may retain 
alloily mixtures on board in the ship's bilges. An oil residue 
(sludge)tank is not required.
    (c) This section does not apply to a barge that is not equippedwith 
an installed bilge pumping system for discharge into the sea.
    (d) This section does not apply to a fixed or floating drillingrig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byCGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 97-023, 62FR 33364, June 19, 1997; USCG-1998-
3799, 63 FR 35531,June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 
2,2001]



Sec. 155.360  Oily Mixture (Bilge slops) discharges on oceangoing ships of 400gross tons and above but less than 10,000 gross tons, excluding shipsthat carry 
          ballast water in their fuel oil tanks.

    (a) No person may operate an oceangoing ship of 400 gross tons 
andabove but less than 10,000 gross tons, excluding a ship that 
carriesballast water in its fuel oil tanks, unless it is fitted with 
approved15 parts per million (ppm) oily-water separating equipment for 
theprocessing of oily mixtures from bilges or fuel oil tank ballast.
    (b) No person may operate a ship under this section unless it 
isfitted with a tank or tanks of adequate capacity to receive the 
oilresidue that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed 
tofacilitate cleaning and the discharge of the oily residues toreception 
facilities. Existing ships shall comply with thisrequirement as far as 
reasonable and practicable.
    (2) Tanks used for oily mixtures on ships certificated under 46CFR 
Chapter I shall meet the requirements of 46 CFR 56.50-50(h)for isolation 
between oil and bilge systems.
    (c) No person may operate a ship unless it is equipped with 
apipeline to discharge oily mixtures to a reception facility.
    (d) This section does not apply to a barge that is not equippedwith 
an installed bilge pumping system for discharge into the sea.
    (e) This section does not apply to a fixed or floating drillingrig 
or other platform, except as specified inSec. 155.400(a)(2).

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998;USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]

[[Page 408]]



Sec. 155.370  Oily mixture (bilge slops)/fuel oil tank ballast water dischargeson oceangoing ships of 10,000 gross tons and above and oceangoingships of 400 
          gross tons and above that carry ballast water in theirfuel oil 
          tanks.

    (a) No person may operate an oceangoing ship of 10,000 gross tonsand 
above, or any oceangoing ship of 400 gross tons and above, thatcarries 
ballast water in its fuel oil tanks, unless it has--
    (1) Approved 15 ppm oily-water separating equipment for 
theprocessing of oily mixtures from bilges or fuel oil tank ballast;
    (2) A bilge alarm; and
    (3) A means for automatically stopping any discharge of oilymixture 
when the oil content in the effluent exceeds 15 ppm.
    (b) No person may operate a ship under this section unless it 
isfitted with a tank or tanks of adequate capacity to receive the 
oilresidue that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed 
tofacilitate cleaning and the discharge of the oil residue to 
receptionfacilities. Existing ships shall comply with this requirement 
as faras reasonable and practicable.
    (2) Tanks used for oily mixtures on ships certificated under 46CFR 
Chapter I shall meet the requirements of 46 CFR 56.50-50(h)for isolation 
between oil and bilge systems.
    (c) No person may operate a ship under this section unless it 
isequipped with a pipeline to discharge oily mixtures to a 
receptionfacility.
    (d) This section does not apply to a barge that is not equippedwith 
an installed bilge pumping system for discharge into the sea.
    (e) This section does not apply to a fixed or floating drillingrig 
or other platform, except as specified inSec. 155.400(a)(2).

(Approved by the Office of Management and Budget under controlnumber 
1625-0009)

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998;USCG-2000-7641, 66 FR 55571, Nov. 2, 2001;USCG-
2006-25150, 71 FR 39210, July 12, 2006]



Sec. 155.380  Oily-water separating equipment, bilge alarm, and bilge monitorapproval standards.

    (a) On U.S. inspected ships, oily-water separating equipment,bilge 
alarms, and bilge monitors must be approved under 46 CFR162.050.
    (b) On U.S. uninspected ships and foreign ships, oily-
waterseparating equipment, bilge alarms, and bilge monitors must 
beapproved under 46 CFR 162.050 or be listed in the currentInternational 
Maritime Organization (IMO) Marine EnvironmentProtection Committee 
(MEPC) Circular summary of MARPOL 73/78 approvedequipment.
    (c) A ship that is required to have a bilge alarm may have a 
bilgemonitor installed in its place.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.400  Platform machinery space drainage on oceangoing fixed and floatingdrilling rigs and other platforms.

    (a) No person may operate an oceangoing fixed or floating 
drillingrig or other platform unless it either--
    (1) Complies with the oily-water separating equipment requirementsof 
a valid National Pollutant Discharge Elimination System (NPDES)permit 
issued in accordance with section 402 of the Clean Water Actand 40 CFR 
Chapter I;
    (2) Complies with the oily-water separating equipment 
requirementsfor oceangoing ships of 400 gross tons and above as set 
forth ineither Sec. 155.360 or Sec. 155.370; or
    (3) Is not equipped with an installed bilge pumping system 
fordischarge of oily mixtures from platform machinery spaces into the 
seaand has the capacity to retain on board all of these oily mixtures 
andis equipped to discharge these mixtures for transport to a 
receptionfacility.
    (b) When an oceangoing fixed or floating drilling rig or 
otherplatform is in a special area, is not proceeding en route, or 
iswithin 12 nautical miles of the nearest land; it must either--
    (1) Have the capacity to retain on board all machinery space 
oilymixtures from platform machinery space drainage and be equipped 
todischarge

[[Page 409]]

these mixtures for transport to a reception facility;or
    (2) Discharge in accordance with Sec. 151.10 (b)(3), (b)(4), and 
(b)(5) of this chapter, provided the drilling rig or platformis not 
within a special area.
    (c) Paragraph (b) of this section does not apply to a fixed 
orfloating drilling rig or other platform that is operating under 
anNPDES permit.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byCGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 94-056, 60FR 43378, Aug. 21, 1995; USCG-1998-
3799, 63 FR 35531,June 30, 1998]



Sec. 155.410  Pumping, piping and discharge requirements for non-oceangoingships of 100 gross tons and above.

    (a) No person may operate a non-oceangoing ship of 100 gross tonsand 
above that is fitted with main or auxiliary machinery spaces inthe 
navigable waters of the United States unless:
    (1) The ship has at least one pump installed to discharge 
oilymixtures through a fixed piping system to a reception facility;
    (2) The piping system required by this section has at least 
oneoutlet that is accessible from the weather deck;
    (3) Each outlet required by this section has a shore connectionthat 
is compatible with reception facilities in the ship's area ofoperation; 
and
    (4) The ship has a stop valve for each outlet required by 
thissection.
    (b) Paragraph (a) of this section does not apply to a ship thathas 
approved oily-water separating equipment for the processing ofoily 
mixtures from bilges or fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drillingrig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.420  Pumping, piping and discharge requirements for oceangoing ships of100 gross tons and above but less than 400 gross tons.

    (a) No person may operate an oceangoing ship of 100 gross tons 
andabove but less than 400 gross tons that is fitted with main 
orauxiliary machinery spaces unless:
    (1) The ship has at least one pump installed to discharge 
oilymixtures through a fixed piping system to a reception facility;
    (2) The piping system required by this section has at least 
oneoutlet accessible from the weather deck;
    (3) For a ship on an international voyage, the outlet required 
bythis section has a shore connection that meets the specifications 
inSec. 155.430, or the ship has at least one adapter thatmeets the 
specifications in Sec. 155.430 and fits therequired outlets;
    (4) For a ship not on an international voyage, the outlet requiredby 
this section has a shore connection that is compatible withreception 
facilities in the ship's area of operation;
    (5) The ship has a means on the weather deck near the 
dischargeoutlet to stop each pump that is used to discharge oily 
mixtures; and
    (6) The ship has a stop valve installed for each outlet requiredby 
this section.
    (b) Paragraph (a) of this section does not apply to a ship thathas 
approved oily-water separating equipment for the processing ofoily 
mixtures from bilges or fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drillingrig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.430  Standard discharge connections for oceangoing ships of 400 grosstons and above.

    (a) All oceangoing ships of 400 gross tons and above must have 
astandard shore connection for reception facilities to discharge 
oilymixtures from machinery space bilges or ballast water containing 
anoily mixture from fuel oil tanks. The discharge connection must 
havethe following dimensions:
    (1) Outside diameter=215 millimeters (mm).
    (2) Inner diameter=according to pipe outside diameter.
    (3) Bolt circle diameter=183 mm.
    (4) Slots in flange=6 holes 22 mm in diameter equidistantly placedon 
a bolt circle of the above diameter, slotted to the flangeperiphery. The 
slot width to be 22 mm.

[[Page 410]]

    (5) Flange thickness=20 mm.
    (6) Bolts and nuts, quantity and number=6 each of 20 mm indiameter 
and of suitable length.
    (b) A portable adapter that meets the specifications of paragraph(a) 
of this section and that fits the discharge shore connection, forthe 
discharge of oily wastes from machinery space bilges may besubstituted 
for the standard discharge connection requirement ofparagraph (a) of 
this section.
    (c) The flange must be designed to accept pipes up to a 
maximuminternal diameter of 125 mm and shall be of steel or other 
equivalentmaterial having a flat face. This flange, together with a 
gasket ofoilproof material, must be suitable for a service pressure of 
6kilograms/square centimeters (kg/cm\2\).

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.440  Segregation of fuel oil and ballast water on new oceangoing shipsof 4,000 gross tons and above, other than oil tankers, and on newoceangoing oil 
          tankers of 150 gross tons and above.

    (a) Except as provided for in paragraph (b) of this section, innew 
oceangoing ships of 4,000 gross tons and above other than oiltankers, 
and in new oceangoing oil tankers of 150 gross tons andabove, ballast 
water must not be carried in any fuel oil tank.
    (b) Where abnormal conditions or the need to carry largequantities 
of fuel oil render it necessary to carry ballast water thatis not a 
clean ballast in any fuel oil tank, that ballast water mustbe discharged 
to reception facilities or into the sea in compliancewith Part 151 of 
this chapter using the equipment specified inSec. 155.370, and an entry 
shall be made in the Oil RecordBook to this effect.

(Approved by the Office of Management and Budget under controlnumber 
1625-0009)

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byUSCG-2006-25150, 
71 FR 39210, July 12, 2006]



Sec. 155.450  Placard.

    (a) A ship, except a ship of less than 26 feet in length, musthave a 
placard of at least 5 by 8 inches, made of durable materialfixed in a 
conspicuous place in each machinery space, or at the bilgeand ballast 
pump control station, stating the following:

                       Discharge of Oil Prohibited

    The Federal Water Pollution Control Act prohibits the discharge 
ofoil or oily waste into or upon the navigable waters of the 
UnitedStates, or the waters of the contiguous zone, or which may 
affectnatural resources belonging to, appertaining to, or under 
theexclusive management authority of the United States, if such 
dischargecauses a film or discoloration of the surface of the water or 
causes asludge or emulsion beneath the surface of the water. Violators 
aresubject to substantial civil penalties and/or criminal 
sanctionsincluding fines and imprisonment.

    (b) Existing stocks of placards may be used for the life of 
theplacard.
    (c) The placard required by paragraph (a) or (b) of this sectionmust 
be printed in the language or languages understood by the crew.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byCGD 93-054, 58 FR 
62262, Nov. 26, 1993]



Sec. 155.470  Prohibited spaces.

    (a) In a ship of 400 gross tons and above, for which the 
buildingcontract is placed after January 1, 1982 or, in the absence of 
abuilding contract, the keel of which is laid or which is at a 
similarstage of construction after July 1, 1982, oil or hazardous 
materialmust not be carried in a forepeak tank or a tank forward of 
thecollision bulkhead.
    (b) A self-propelled ship of 300 gross tons and above, to 
whichparagraph (a) of this section does not apply, may not carry bulk 
oilor hazardous material in any space forward of a collision 
bulkheadexcept:
    (1) For a ship constructed after June 30, 1974, fuel oil for useon 
the ship may be carried in tanks forward of a collision bulkhead,if such 
tanks are at least 24 inches inboard of the hull structure; or
    (2) For a ship constructed before July 1, 1974, fuel oil for useon 
the ship may

[[Page 411]]

be carried in tanks forward of a collisionbulkhead, if such tanks were 
designated, installed, or constructed forfuel oil carriage before July 
1, 1974.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended byCGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.480  Overfill devices.

    (a) For the purposes of this section, ``oil'' has thesame definition 
as provided in Sec. 151.05 of this chapter.
    (b) Each tank vessel with a cargo capacity of 1,000 or more 
cubicmeters (approximately 6,290 barrels), loading oil or oil residue 
ascargo, must have one overfill device that is permanently installed 
oneach cargo tank and meets the requirements of this section.
    (1) On a tankship, each cargo tank must be equipped with anoverfill 
device (including an independent audible alarm or visibleindicator for 
that tank) that meets the requirements for tank overfillalarms under 46 
CFR 39.20-7(b)(2) and (3), and (d)(1) through(d)(4).
    (2) On a tank barge, each cargo tank must be equipped with 
anoverfill device that--
    (i) Meets the requirements of 46 CFR 39.20-7(b)(2) and (b)(3) and 
(d)(1) through (d)(4), and 46 CFR 39.20-9(a)(1) through(a)(3);
    (ii) Is an installed automatic shutdown system that meets 
therequirements of 46 CFR 39.20-9(b); or
    (iii) Is an installed high level indicating device that meets 
therequirements of 46 CFR 39.20-3(b)(1), (b)(2), and (b)(3).
    (c) Each cargo tank of a U.S. flag tank vessel must have installedon 
it an overfill device meeting the requirements of this section atthe 
next scheduled cargo tank internal examination performed on thevessel 
under 46 CFR 31.10-21.
    (d) Each cargo tank of a foreign flag tank vessel must haveinstalled 
on it an overfill device--
    (1) At the first survey that includes dry docking, as required bythe 
vessel's flag administration, to meet the International Conventionfor 
the Safety of Life at Sea (SOLAS), 1974, as amended, or theInternational 
Load Line Convention of 1966; or
    (2) At the first cargo tank internal examination performed on 
thetank vessel under 46 CFR 31.10-21.
    (e) This section does not apply to a tank vessel that does notmeet 
the double hull requirements of Sec. 157.10d of thischapter and, under 
46 U.S.C. 3703a(c), may not operate in thenavigable waters or Exclusive 
Economic Zone of the United States afterJanuary 1, 2000.
    (f) This section does not apply to tank vessels that carryasphalt, 
animal fat, or vegetable oil as their only cargo.

[CGD 90-071a, 59 FR 53290, Oct. 21, 1994, as amended byCGD 90-071a, 62 
FR 48773, Sept. 17, 1997]



Sec. 155.490  Tank level or pressure monitoring devices.

    (a) Applicability. The tank level or pressure monitoring(TLPM) 
device requirements of this section apply to--
    (1) U.S.-flag single-hull tank vessels carrying oil or oil residueas 
cargo; and
    (2) Foreign-flag single-hull tank vessels carrying oil or oilresidue 
as cargo when operating in the navigable waters of the UnitedStates and 
the exclusive economic zone (EEZ) when bound to or from aport or place 
in the United States.
    (b) By October 17, 2007, each vessel required under paragraph (a)of 
this section to meet the requirements of this section, must have atank 
level or pressure monitoring device that is permanently installedon each 
cargo tank and meets the requirements of this section.
    (c) Each device must meet the following requirements:
    (1) Be intrinsically safe as per 46 CFR 111.105;
    (2) Indicate any loss of power or failure of the tank level 
orpressure monitoring device and monitor the condition of the 
alarmcircuitry and sensor by an electronic self-testing feature;
    (3) Alarm at or before the cargo in the cargo tank eitherincreases 
or decreases by a level of one percent from the cargoquantity in the 
tank after securing cargo transfer operations;
    (4) Operate in conditions up to sea state 5, moisture, and 
varyingweather conditions; and

[[Page 412]]

    (5) Have audible and visual alarm indicators which aredistinctly 
identifiable as cargo tank level or pressure monitoringalarms that can 
be seen and heard on the navigation bridge of the tankship or towing 
vessel and on the cargo deck area.
    (d) Double-hull tank vessels are exempt from the requirements ofthis 
section.
    (e) This section does not apply to tank vessels that carry asphaltas 
their only cargo.

[USCG-2001-9046, 67 FR 58524, Sept. 17, 2002]

    Effective Date Note: By USCG-2001-9046, 70FR 41617, July 20, 2005, 
Sec. 155.490 was suspended fromAug. 19, 2005 until July 21, 2008. At 73 
FR 24500, May 5, 2008, it wasfurther suspended from June 4, 2008 until 
June 6, 2011.



     Subpart C_Transfer Personnel, Procedures, Equipment, andRecords



Sec. 155.700  Designation of person in charge.

    Each operator or agent of a vessel with a capacity of 250 or 
morebarrels of fuel oil, cargo oil, hazardous material, or liquefied 
gasas regulated in Table 4 of 46 CFR part 154, or each person 
whoarranges for and hires a person to be in charge of a transfer of 
fueloil, of a transfer of liquid cargo in bulk, or of cargo-tank 
cleaning,shall designate, either by name or by position in the crew, the 
personin charge (PIC) of each transfer to or from the vessel and of 
eachtank-cleaning.

[CGD 79-116, 62 FR 25126, May 8, 1997]



Sec. 155.710  Qualifications of person in charge.

    (a) On each tankship required to be documented under the laws ofthe 
United States, the operator or agent of the vessel, or the personwho 
arranges and hires a person to be in charge either of a transferof 
liquid cargo in bulk or of cargo-tank cleaning, shall verify to hisor 
her satisfaction that each person designated as a PIC--
    (1) Has sufficient training and experience with the 
relevantcharacteristics of the vessel on which he or she isengaged--
including the cargo for transfer, the cargo-containmentsystem, the cargo 
system (including transfer procedures, andshipboard-emergency equipment 
and procedures), the control andmonitoring systems, the procedures for 
reporting pollution incidents,and, if installed, the Crude-Oil Washing 
(COW), inert-gas, and vapor-control systems--to safely conduct a 
transfer of fuel oil, atransfer of liquid cargo in bulk, or cargo-tank 
cleaning;
    (2) Except as provided in paragraph (g) of this section, holds 
alicense issued under 46 CFR part 10 authorizing service aboard avessel 
certified for voyages beyond any Boundary Line described in 46CFR part 
7, except on tankships or self-propelled tank vessels notcertified for 
voyages beyond the Boundary Line; and
    (3) Except as provided in paragraph (g) of this section and 46 
CFR13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 
46CFR part 13 that authorizes the holder to supervise the transfer 
offuel oil, the transfer of liquid cargo in bulk, or cargo-tankcleaning, 
as appropriate to the product.
    (b) On each tank barge required to be inspected under 46 U.S.C.3703, 
the operator or agent of the vessel, or the person who arrangesand hires 
a person to be in charge of a transfer of fuel oil, of atransfer of 
liquid cargo in bulk, or of cargo-tank cleaning, shallverify to his or 
her satisfaction that each PIC--
    (1) Has sufficient training and experience with the 
relevantcharacteristics of the vessel on which he or she isengaged--
including the cargo for transfer, the cargo-containmentsystem, the cargo 
system (including transfer procedures, andshipboard-emergency equipment 
and procedures), the control andmonitoring systems, the procedures for 
reporting pollution incidents,and, if installed, the COW, inert-gas, and 
vapor-controlsystems--to safely conduct either a transfer of liquid 
cargo inbulk or cargo-tank cleaning; and
    (2) Except as provided in paragraph (g) of this section and 46 
CFRpart 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC 
(Barge)endorsement issued under 46 CFR part 13 that authorizes the 
holder tosupervise the transfer of fuel oil, the transfer of liquid 
cargo inbulk, or cargo-tank cleaning, as appropriate to the product 
andvessel.

[[Page 413]]

    (c) On each foreign tankship, the operator or agent of thevessel 
shall verify to his or her satisfaction that each PIC either ofa 
transfer of liquid cargo in bulk or of cargo-tank cleaning--
    (1) Has sufficient training and experience with the 
relevantcharacteristics of the vessel on which he or she is engaged, 
includingthe cargo for transfer, the cargo-containment system, the cargo 
system(including transfer procedures, and shipboard-emergency equipment 
andprocedures), the control and monitoring systems, the procedures 
forreporting pollution incidents, and, if installed, the systems 
forcrude-oil washing, inert gas, and vapor control, to safely 
conducteither a transfer of liquid cargo in bulk or cargo-tank cleaning;
    (2) Except as provided in paragraph (g) of this section, holds 
alicense or other document issued by the flag state or its 
authorizedagent authorizing service as master, mate, pilot, engineer, 
oroperator on that vessel;
    (3) Except as provided in paragraph (g) of this section, holds 
aDangerous-Cargo Endorsement or Certificate issued by a flag stateparty 
to the International Convention on Standards of Training,Certification 
and Watchkeeping for Seafarers, 1978 (STCW), or otherform of evidence 
acceptable to the Coast Guard, attesting the PIC'smeeting the 
requirements of Chapter V of STCW as a PIC of the transferof fuel oil, 
of the transfer of liquid cargo in bulk, or of cargo-tankcleaning;
    (4) Is capable of reading, speaking, and understanding in English,or 
a language mutually-agreed-upon with the shoreside PIC of thetransfer, 
all instructions needed to commence, conduct, and complete atransfer of 
fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning, 
except that the use of an interpreter meets thisrequirement if the 
interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at alltimes 
during the transfer or cargo-tank cleaning; and
    (iii) Is knowledgeable about, and conversant with terminology 
of,ships, transfers, and cargo-tank cleaning; and
    (5) Is capable of effectively communicating with all 
crewmembersinvolved in the transfer or cargo-tank cleaning, with or 
without aninterpreter.
    (d) On each foreign tank barge, the operator or agent of thevessel 
shall verify to his or her satisfaction that each PIC either ofthe 
transfer of liquid cargo in bulk or of cargo-tank cleaning--
    (1) Has sufficient training and experience with the 
relevantcharacteristics of the vessel on which he or she isengaged--
including the cargo for transfer, the cargo-containmentsystem, the cargo 
system (including transfer procedures, andshipboard-emergency equipment 
and procedures), the control andmonitoring systems, the procedures for 
reporting pollution incidents,and, if installed, the COW, inert-gas, and 
vapor-controlsystems--to safely conduct a transfer of fuel oil, a 
transfer ofliquid cargo in bulk, or cargo-tank cleaning;
    (2) Except as provided in paragraph (g) of this section, holds 
aDangerous-Cargo Endorsement or Certificate issued by a flag stateparty 
to STCW, or other form of evidence acceptable to the CoastGuard, 
attesting the PIC's meeting the requirements of Chapter V ofSTCW as a 
PIC of the transfer of fuel oil, of the transfer of liquidcargo in bulk, 
or of cargo-tank cleaning;
    (3) Is capable of reading, speaking, and understanding in English,or 
a language mutually-agreed-upon with the shoreside PIC of thetransfer, 
all instructions needed to commence, conduct, and complete atransfer of 
fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning, 
except that the use of an interpreter meets thisrequirement if the 
interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at alltimes 
during the transfer or cargo-tank cleaning; and
    (iii) Is knowledgeable about, and conversant with terminology 
of,ships, transfers, and cargo-tank cleaning; and

[[Page 414]]

    (4) Is capable of effectively communicating with allcrewmembers 
involved in the transfer or cargo-tank cleaning, with orwithout an 
interpreter.
    (e) The operator or agent of each vessel to which this 
sectionapplies shall verify to his or her satisfaction that the PIC of 
anytransfer of fuel oil requiring a Declaration of Inspection--
    (1) On each inspected vessel required by 46 CFR chapter I to havea 
licensed person aboard, holds a valid license issued under 46 CFRpart 10 
authorizing service as a master, mate, pilot, engineer, oroperator 
aboard that vessel, or holds a valid merchant mariner'sdocument endorsed 
as Tankerman-PIC;
    (2) On each uninspected vessel, either complies with therequirements 
of paragraph (e)(1) of this section or carries a lettersatisfying the 
requirements of Sec. 155.715 and designatinghim or her as a PIC, unless 
equivalent evidence is immediatelyavailable aboard the vessel or at his 
or her place of employment.
    (3) On each tank barge, for its own engine-driven pumps, 
eithercomplies with paragraph (e)(1) or (2) of this section or has 
beeninstructed by the operator or agent of the vessel both in his or 
herduties and in the Federal statutes and regulations on water 
pollutionthat apply to the vessel; or
    (4) On each foreign vessel, holds a license or certificate issuedby 
a flag state party to STCW, or other form of evidence acceptable tothe 
Coast Guard, attesting the qualifications of the PIC to act asmaster, 
mate, pilot, operator, engineer, or tankerman aboard thatvessel.
    (f) Except as provided in paragraph (g) of this section, theoperator 
or agent of each self-propelled tank vessel carrying oil orhazardous 
material in bulk shall verify to his or her satisfactionthat the PIC of 
the transfer of oil or hazardous material in bulk toor from a vessel, or 
of cargo-tank cleaning, holds a Tankerman-PICendorsement on his or her 
MMD and either a license or a Certificateissued by a flag state party to 
STCW authorizing service as a master,mate, pilot, engineer, or operator 
aboard that vessel.
    (g) The PIC of a cargo-tank cleaning on a vessel at a tank-cleaning 
facility or shipyard need not hold any of the licenses,documents, 
certificates, or endorsements required in paragraphs (a)through (f) of 
this section, if he or she is a National FireProtection Association 
Certificated Marine Chemist.

[CGD 79-116, 60 FR 17141, Apr. 4, 1995, as amended byCGD 79-116, 61 FR 
25126, May 8, 1997; CGD 79-116, 63 FR35826, July 1, 1998]



Sec. 155.715  Contents of letter of designation as a person-in-charge of thetransfer of fuel oil.

    The letter of instruction required in Sec. 155.710(e)(2)must 
designate the holder as a person-in-charge of the transfer offuel oil 
and state that the holder has received sufficient formalinstruction from 
the operator or agent of the vessel to ensure his orher ability to 
safely and adequately carry out the duties andresponsibilities of the 
PIC described in 33 CFR 156.120 and 156.150.

[CGD 79-116, 63 FR 35826, July 1, 1998]



Sec. 155.720  Transfer procedures.

    The operator of a vessel with a capacity of 250 or more barrels 
ofoil, hazardous material, or liquefied gas as regulated in Table 4 of46 
CFR part 154 shall provide transfer procedures that meet therequirements 
of this part and part 156 of this chapter fortransferring--
    (a) To or from the vessel; and
    (b) From tank to tank within the vessel.

[CGD 86-034, 55 FR 36254, Sept. 4, 1990, as amended byCGD 79-116, 62 FR 
25127, May 8, 1997]



Sec. 155.730  Compliance with transfer procedures.

    The vessel operator of each vessel required bySec. 155.720 to have 
transfer procedures shall maintain themcurrent and shall require vessel 
personnel to use the transferprocedures for each transfer operation.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.740  Availability of transfer procedures.

    The transfer procedures required by Sec. 155.720 mustbe:

[[Page 415]]

    (a) Available for inspection by the COTP or OCMI whenever thevessel 
is in operation;
    (b) Legibly printed in a language or languages understood 
bypersonnel engaged in transfer operations; and
    (c) Permanently posted or available at a place where theprocedures 
can be easily seen and used by members of the crew whenengaged in 
transfer operations.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.750  Contents of transfer procedures.

    (a) The transfer procedures required by Sec. 155.720must contain, 
either in the order listed or by use of a cross-reference index page:
    (1) A list of each product transferred to or from the 
vessel,including the following information:
    (i) Generic or chemical name;
    (ii) Cargo information as described in Sec. 154.310(a)(5)(ii) of 
this chapter; and
    (iii) Applicability of transfer procedures;
    (2) A description of each transfer system on the vessel including:
    (i) A line diagram of the vessel's transfer piping, including 
thelocation of each valve, pump, control device, vent, and overflow;
    (ii) The location of the shutoff valve or other isolation devicethat 
separates any bilge or ballast system from the transfer system;and
    (iii) A description of and procedures for emptying the 
dischargecontainment system required by Sec. Sec. 155.310 and155.320;
    (3) The number of persons required to be on duty during 
transferoperations;
    (4) The duties by title of each officer, person in charge,tankerman, 
deckhand, and any other person required for each transferoperation;
    (5) Procedures and duty assignments for tending the vessel'smoorings 
during the transfer of oil or hazardous material;
    (6) Procedures for operating the emergency shutdown 
andcommunications means required by Sec. Sec. 155.780 and155.785, 
respectively;
    (7) Procedures for topping off tanks;
    (8) Procedures for ensuring that all valves used during thetransfer 
operations are closed upon completion of transfer;
    (9) Procedures for reporting discharges of oil or hazardousmaterial 
into the water; and
    (10) Procedures for closing and opening the vessel openings inSec. 
155.815.
    (11) Statements explaining that each hazardous materials 
transferhose is marked with either the name of each product which may 
betransferred through the hose or with letters, numbers or other 
symbolsrepresenting all such products and the location in the 
transferprocedures where a chart or list of the symbols used and a list 
of thecompatible products which may be transferred through the hose can 
befound for consultation before each transfer.
    (b) Exemptions or alternatives granted must be placed in the frontof 
the transfer procedures.
    (c) The vessel operator shall incorporate each amendment to 
thetransfer procedures under Sec. 155.760 in the procedureswith the 
related existing requirement, or at the end of the proceduresif not 
related to an existing requirement.
    (d) If a vessel is fitted with a vapor control system, thetransfer 
procedures must contain a description of the vapor collectionsystem on 
the vessel which includes:
    (1) A line diagram of the vessel's vapor collection system 
piping,including the location of each valve, control device, pressure-
vacuumrelief valve, pressure indicator, flame arresters, and 
detonationarresters, if fitted;
    (2) The location of spill valves and rupture disks, if fitted;
    (3) The maximum allowable transfer rate determined in accordancewith 
46 CFR 39.30-1(d) (1) through (d)(3);
    (4) The initial transfer rate for each tank that complies with 46CFR 
39.30-1(h);
    (5) A table or graph of transfer rates and corresponding 
vaporcollection system pressure drops calculated in accordance with 46 
CFR39.30-1(b);
    (6) The relief settings of each spill valve, rupture disk, 
andpressure-vacuum relief valve; and

[[Page 416]]

    (7) A description of and procedures for operating the 
vaporcollection system, including the:
    (i) Pre-transfer equipment inspection requirements;
    (ii) Vapor line connection;
    (iii) Closed gauging system;
    (iv) High level alarm system, if fitted; and
    (v) Independent automatic shutdown system, if fitted.
    (e) If a cargo tank of a tank vessel is fitted with an 
overfilldevice, the transfer procedures must contain a description of 
theoverfill device, including:
    (1) The tank overfill device system and specific procedures forthe 
person in charge to--
    (i) Monitor the level of cargo in the tank; and
    (ii) Shut down transfer operations in time to ensure that thecargo 
level in each tank does not exceed the maximum amount permittedby Sec. 
155.775(b).
    (2) Pre-transfer overfill device equipment inspection and 
testrequirements.

(Approved by the Office of Management and Budget under controlnumber 
1625-0030)

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55FR 36254, Sept. 4, 1990; CGD 92-027, 
58 FR 39662, July 26,1993; CGD 90-071a, 59 FR 53291, Oct. 21, 1994;USCG-
2006-25150, 71 FR 39210, July 12, 2006]



Sec. 155.760  Amendment of transfer procedures.

    (a) The COTP or OCMI may require the vessel operator of any 
vesselthat is required to have transfer procedures underSec. 155.720 to 
amend those procedures if the COTP or OCMIfinds that the transfer 
procedures do not meet the requirements ofthis part.
    (b) The COTP or OCMI shall notify the vessel operator in writingof 
any inadequacies in the oil transfer procedures. The vesseloperator may 
submit written information, views, and arguments on andproposals for 
amending the procedures within 14 days from the date ofthe COTP or OCMI 
notice. After considering all relevant materialpresented, the COTP or 
OCMI shall notify the vessel operator of anyamendment required or 
adopted, or the COTP or OCMI may rescind thenotice. The amendment 
becomes effective 30 days after the vesseloperator receives the notice, 
unless the vessel operator petitions theCommandant to review the COTP or 
OCMI notice, in which case itseffective date is delayed pending a 
decision by the Commandant.Petitions to the Commandant must be submitted 
in writing via the COTPor OCMI who issued the requirement to amend.
    (c) If the COTP or OCMI finds that there is a condition 
requiringimmediate action to prevent the discharge or risk of discharge 
thatmakes the procedure in paragraph (b) of this section impractical 
orcontrary to the public interest, he or she may issue an 
amendmenteffective on the date the vessel operator receives notice of 
it. Insuch a case, the COTP or OCMI includes a brief statement of 
thereasons for the findings in the notice, and the vessel operator 
maypetition the Commandant, in any manner, to review the amendment. 
Thepetition does not postpone the amendment.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.770  Draining into bilges.

    No person may intentionally drain oil or hazardous material fromany 
source into the bilge of a vessel.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.775  Maximum cargo level of oil.

    (a) For the purposes of this section, ``oil'' has thesame meaning as 
provided in Sec. 151.05 of this chapter.
    (b) A cargo tank on a tank vessel may not be filled with oilhigher 
than--
    (1) 98.5 percent of the cargo tank volume; or
    (2) The level at which the overfill alarm required bySec. 155.480 
is set.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]



Sec. 155.780  Emergency shutdown.

    (a) A tank vessel with a capacity of 250 or more barrels that 
iscarrying oil or hazardous material as cargo must have on board 
anemergency means to enable the person in charge of a transfer 
operationto a facility, to another vessel, or within the vessel to stop 
theflow of oil or hazardous material.
    (b) The means to stop the flow may be a pump control, a quick-
acting,

[[Page 417]]

power actuated valve, or an operating procedure. If anemergency pump 
control is used, it must stop the flow of oil orhazardous material if 
the oil or hazardous material could siphonthrough the stopped pump.
    (c) The means to stop the flow must be operable from the cargodeck, 
cargo control room, or the usual operating station of the personin 
charge of the transfer operation.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 155.785  Communications.

    (a) During vessel to vessel transfers, each tank vessel with 
acapacity of 250 or more barrels of cargo that is carrying oil 
orhazardous material must have a means that enables continuous two-
wayvoice communication between the persons in charge of the 
transferoperations on both vessels.
    (b) Each vessel must have a means, which may be the 
communicationsystem itself, that enables a person on board each vessel 
toeffectively indicate his desire to use the means of 
communicationrequired by paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must 
beusable and effective in all phases of the transfer operation and 
allconditions of weather.
    (d) Portable radio devices used to comply with paragraph (a) ofthis 
section during the transfer of flammable or combustible liquidsmust be 
intrinsically safe, as defined in 46 CFR 110.15-100(i),and meet Class I, 
Division I, Group D requirements as defined in 46CFR 111.80.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980; 45 FR 43705,June 30, 1980, as 
amended by CGD 86-034, 55 FR 36255, Sept. 4,1990]



Sec. 155.790  Deck lighting.

    (a) A self-propelled vessel with a capacity of 250 or more barrelsof 
oil or hazardous material that is conducting transfer operationsbetween 
sunset and sunrise must have deck lighting that adequatelyilluminates--
    (1) Each transfer operations work area and each transferconnection 
point in use on the vessel; and
    (2) Each transfer operations work area and each transferconnection 
point in use on each barge, if any, moored to the vessel toor from which 
oil or hazardous material is being transferred;
    (b) Where the illumination is apparently inadequate the OCMI orCOTP 
may require verification by instrument of the levels ofillumination. On 
a horizontal plane 3 feet above the deck theillumination must measure at 
least:
    (1) 5.0 foot candles at transfer connection points; and
    (2) 1.0 foot candle in transfer operations work areas.
    (c) Lighting must be located or shielded so as not to mislead 
orotherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.800  Transfer hose.

    Hose used to transfer oil or hazardous material must meet 
therequirements of Sec. 154.500 of this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.805  Closure devices.

    (a) Each end of each transfer hose on board which is not 
connectedfor the transfer of oil or hazardous material must be blanked 
off withbutterfly valves, wafer-type resilient seated valves, blank 
flanges,or other means acceptable to the COTP or OCMI.
    (b) New, unused hose is exempt from the requirement in paragraph(a) 
of this section.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.810  Tank vessel security.

    Operators of tank vessels carrying more oil cargo residue thannormal 
in any cargo tank must assign a surveillance person or 
personsresponsible for maintaining standard vessel security.

[ USCG-2000-7641, 66 FR 55572, Nov. 2, 2001]



Sec. 155.815  Tank vessel integrity.

    (a) Except as provided in paragraph (b) of this section, a 
tankvessel underway or at anchor must have all closure

[[Page 418]]

mechanisms onthe following openings properly closed:
    (1) Expansion trunk hatches;
    (2) Ullage openings;
    (3) Sounding ports;
    (4) Tank cleaning openings; and
    (5) Any other tank vessel openings that maintain the 
seaworthycondition of the tank vessel and prevent the inadvertent 
release ofoil or hazardous material in the event of a tank vessel 
accident.
    (b) No person may open any of the closure mechanisms in paragraph(a) 
of this section while the tank vessel is underway or at anchorexcept 
when authorized and supervised by a licensed officer or thetankerman 
required by 46 CFR 31.15-5(a).

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.820  Records.

    The vessel operator shall keep a written record available 
forinspection by the COTP or OCMI of:
    (a) The name of each person currently designated as a person 
incharge of transfer operations.
    (b) The date and result of the most recent test and inspection 
ofeach item tested or inspected as required by Sec. 156.170 ofthis 
chapter;
    (c) The hose information required by Sec. 154.500(e) and(g) of this 
chapter unless that information is marked on the hose; and
    (d) The Declaration of Inspection as required bySec. 156.150(f) of 
this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



              Subpart D_Tank Vessel Response Plans for Oil

    Source: CGD 91-034, 61 FR 1081, Jan. 12, 1996,unless otherwise 
noted.



Sec. 155.1010  Purpose.

    The purpose of this subpart is to establish requirements for 
oilspill response plans for certain vessels. The planning criteria 
inthis subpart are intended for use in response plan development and 
theidentification of resources necessary to respond to the oil 
spillscenarios prescribed during the planning process. The development 
of aresponse plan prepares the vessel owner or operator and the 
vessel'screw to respond to an oil spill. The specific criteria for 
responseresources and their arrival times are not performance standards. 
Theyare planning criteria based on a set of assumptions that may not 
existduring an actual oil spill incident.



Sec. 155.1015  Applicability.

    (a) Except as provided in paragraph (c) of this section, thissubpart 
applies to each vessel that is constructed or adapted tocarry, or that 
carries, oil in bulk as cargo or oil cargo residue, andthat--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil in a port or place subject to the jurisdictionof 
the United States.
    (b) This subpart also applies to vessels which engage in 
oillightering operations in the marine environment beyond the 
baselinefrom which the territorial sea is measured, when the cargo 
lighteredis destined for a port or place subject to the jurisdiction of 
theUnited States.
    (c) This subpart does not apply to the following types of vessels:
    (1) Public vessels and vessels deemed public vessels under 14U.S.C. 
827.
    (2) Vessels that, although constructed or adapted to carry oil 
inbulk as cargo or oil cargo residue, are not storing or carrying oil 
inbulk as cargo or oil cargo residue.
    (3) Dedicated response vessels when conducting responseoperations.
    (4) Vessels of opportunity when conducting response operations ina 
response area.
    (5) Offshore supply vessels as defined in 46 U.S.C. 2101.
    (6) Fishing or fishing tender vessels as defined in 46 U.S.C. 2101of 
not more than 750 gross tons when engaged only in the fishingindustry.
    (7) Foreign flag vessels engaged in innocent passage.
    (d) Vessels covered by this subpart that are not operating withinthe 
navigable waters or the exclusive economic zone of the UnitedStates must 
meet

[[Page 419]]

all requirements of this subpart exceptfor--
    (1) Identifying and ensuring, through contract or other 
approvedmeans, the availability of response resources including the 
shore-based spill management team;
    (2) Providing the geographic-specific appendices required inSec. 
155.1035, 155.1040, or 155.1045, as appropriate; and
    (3) Identifying and designating a qualified individual andalternate 
qualified individual required in Sec. 155.1026.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byUSCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.1020  Definitions.

    Except as otherwise defined in this section, the definitions inSec. 
155.110 apply to this subpart and subparts F and G ofthis part. For the 
purposes of this subpart only, the term:
    Adverse weather means the weather conditions that will beconsidered 
when identifying response systems and equipment in aresponse plan for 
the applicable operating environment. Factors toconsider include, but 
are not limited to, significant wave height,ice, temperature, weather-
related visibility, and currents within theCaptain of the Port (COTP) 
zone in which the systems or equipment areintended to function.
    Animal fat means a non-petroleum oil, fat, or grease derivedfrom 
animals and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of thelesser of 50 
barrels of oil or 1 percent of the cargo from the vesselduring cargo oil 
transfer operations to or from the vessel.
    Bulk means any volume of oil carried in an integral tank ofthe 
vessel and oil transferred to or from a marine portable tank 
orindependent tank while on board a vessel.
    Captain of the Port (COTP) Zone means a zone specified in 33CFR part 
3 and, for coastal ports, the seaward extension of that zoneto the outer 
boundary of the exclusive economic zone (EEZ).
    Cargo means oil that is transported to and off-loaded at 
adestination by a vessel. It does not include--
    (1) Oil carried in integral tanks, marine portable tanks, 
orindependent tanks for use by machinery, helicopters, and boats 
carriedaboard the vessel, or for use by helicopters that are 
directlysupporting the vessel's primary operations; or
    (2) Oil transferred from a towing vessel to a vessel in its tow 
tooperate installed machinery other than the propulsion plant.
    Contract or other approved means includes--
    (1) A written contractual agreement between a vessel owner 
oroperator and an oil spill removal organization. The agreement 
mustidentify and ensure the availability of specified personnel 
andequipment required under this subpart within stipulated response 
timesin the specified geographic areas;
    (2) Certification by the vessel owner or operator that 
specifiedpersonnel and equipment required under this subpart are 
owned,operated, or under the direct control of the vessel owner or 
operator,and are available within stipulated response times in the 
specifiedgeographic areas;
    (3) Active membership in a local or regional oil spill 
removalorganization that has identified specified personnel and 
equipmentrequired under this subpart that are available to respond to 
adischarge within stipulated response times in the specified 
geographicareas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable 
ofbeing provided by the oil spill removal organization within 
stipulatedresponse times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spillremoval 
organization intends to commit the resources in the event of aresponse;
    (iii) Permits the Coast Guard to verify the availability of 
theidentified response resources through tests, inspections, 
andexercises; and
    (iv) Is referenced in the response plan; or
    (5) With the written consent of the oil spill removalorganization, 
the identification of an oil spill removal organizationwith specified 
equipment and personnel which are available withinstipulated response 
times in the

[[Page 420]]

specified geographic areas. Thisparagraph is an other approved means for 
only--
    (i) A vessel carrying oil as secondary cargo to meet therequirements 
under Sec. 155.1045(i)(3);
    (ii) A barge operating on rivers and canals to meet therequirements 
for lightering capability underSec. Sec. 155.1050(l), 155.1052(g), 
155.1230(g), and155.2230(g);
    (iii) A vessel to meet the salvage and firefighting requirementsin 
Sec. Sec. 155.1050(k), 155.1052(f), 155.1230(f), and155.2230(f); and
    (iv) A vessel to meet the resource requirements inSec. 155.1052(c), 
155.1230(c), and 155.2230(c).
    Dedicated response vessel means a vessel of which theservice is 
limited exclusively to oil and hazardous substance spillresponse-related 
activities, including spill recovery and transport,tanker escorting, 
deployment of spill response equipment, supplies,and personnel, and 
spill response-related training, testing,exercises, and research.
    Exclusive economic zone means the zone contiguous to theterritorial 
sea of United States extending to a distance up to 200nautical miles 
from the baseline from which the breadth of theterritorial sea is 
measured.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, andOntario, 
their connecting and tributary waters, the Saint LawrenceRiver as far as 
Saint Regis, and adjacent port areas.
    Higher volume port area means the following areas, includingany 
water area within 50 nautical miles seaward of the entrance(s) tothe 
specified port:
    (1) Boston, MA.
    (2) New York, NY.
    (3) Delaware Bay and River to Philadelphia, PA.
    (4) St. Croix, VI.
    (5) Pascagoula, MS.
    (6) Mississippi River from Southwest Pass, LA to Baton Rouge, 
LA.Note: Vessels destined for, departing from, or offloading at 
theLouisiana Offshore Oil Port are not considered to be operating in 
thishigher volume port area.
    (7) Lake Charles, LA.
    (8) Sabine-Neches River, TX.
    (9) Galveston Bay and Houston Ship Channel, TX.
    (10) Corpus Christi, TX.
    (11) Los Angeles/Long Beach Harbor, CA.
    (12) San Francisco Bay, San Pablo Bay, Carquinez Strait, andSuisun 
Bay to Antioch, CA.
    (13) Strait of Juan De Fuca at Port Angeles, WA to and 
includingPuget Sound, WA.
    (14) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary linesdefined in 
46 CFR part 7, except that in the Gulf of Mexico, it meansthe area 
shoreward of the lines of demarcation (COLREG lines) asdefined in 
Sec. Sec. 80.740 through 80.850 of thischapter. The inland area does 
not include the Great Lakes.
    Maximum extent practicable means the planned capability torespond to 
a worst case discharge in adverse weather, as contained ina response 
plan that meets the criteria in this subpart or in aspecific plan 
approved by the Coast Guard.
    Maximum most probable discharge means a discharge of--
    (1) 2,500 barrels of oil for vessels with an oil cargo capacityequal 
to or greater than 25,000 barrels; or
    (2) 10% of the vessel's oil cargo capacity for vessels with 
acapacity of less than 25,000 barrels.
    Nearshore area means the area extending seaward 12 milesfrom the 
boundary lines defined in 46 CFR part 7, except in the Gulfof Mexico. In 
the Gulf of Mexico, a nearshore area is one extendingseaward 12 miles 
from the line of demarcation (COLREG lines) asdefined in Sec. Sec. 
80.740 through 80.850 of thischapter.
    Non-persistent or Group I oil means a petroleum-based oilthat, at 
the time of shipment, consists of hydrocarbonfractions--
    (1) At least 50% of which by volume, distill at a temperature of340 
degrees C (645 degrees F); and
    (2) At least 95% of which by volume, distill at a temperature of370 
degrees C (700 degrees F).
    Non-petroleum oil means oil of any kind that is notpetroleum-based. 
It includes, but is not limited to, animal fats andvegetable oils.
    Ocean means the open ocean, offshore area, and nearshorearea as 
defined in this subpart.

[[Page 421]]

    Offshore area means the area up to 38 nautical milesseaward of the 
outer boundary of the nearshore area.
    Oil field waste means non-pumpable drilling fluids withpossible 
trace amounts of metal and oil.
    Oil spill removal organization means an entity that providesresponse 
resources.
    On-scene coordinator or OSC means the Federal officialpredesignated 
by the Coast Guard or Environmental Protection Agency tocoordinate and 
direct Federal removal efforts at the scene of an oilor hazardous 
substance discharge as prescribed in the National Oil andHazardous 
Substances Pollution Contingency Plan (National ContingencyPlan) as 
published in 40 CFR part 300.
    Open ocean means the area from 38 nautical miles seaward ofthe outer 
boundary of the nearshore area, to the seaward boundary ofthe exclusive 
economic zone.
    Operating in compliance with the plan means operating incompliance 
with the provisions of this subpart, including ensuring theavailability 
of the response resources by contract or other approvedmeans and 
conducting the necessary training and exercises.
    Operator means person who is an owner, a demise charterer,or other 
contractor, who conducts the operation of, or who isresponsible for the 
operation of a vessel. For the purposes of thissubpart only, the 
operator of a towing vessel is not, per se,considered the operator of a 
vessel being towed.
    Other non-petroleum oil means an oil of any kind that is nota 
petroleum oil, an animal fat, or a vegetable oil.
    Owner or vessel owner means any person holding legal orequitable 
title to a vessel; provided, however, that a person holdinglegal or 
equitable title to a vessel solely as security is not theowner. In a 
case where a Certificate of Documentation has been issued,the owner is 
the person or persons whose name or names appear on thevessel's 
Certificate of Documentation provided, however, that where aCertificate 
of Documentation has been issued in the name of apresident or secretary 
of an incorporated company, such incorporatedcompany is the owner.
    Persistent oil means a petroleum-based oil that does notmeet the 
distillation criteria for a non-persistent oil. For thepurposes of this 
subpart, persistent oils are further classified basedon specific gravity 
as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85and less 
than .95.
    (3) Group IV--specific gravity equal to or greater than .95and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Petroleum oil means petroleum in any form, including but notlimited 
to, crude oil, fuel oil, sludge, oil residue, and refinedproducts.
    Qualified individual and alternate qualified individualmeans a 
shore-based representative of a vessel owner or operator whomeets the 
requirements of 33 CFR 155.1026.
    Response activity means the containment and removal of oilfrom the 
water and shorelines, the temporary storage and disposal ofrecovered 
oil, or the taking of other actions as necessary to minimizeor mitigate 
damage to public health or welfare or the environment.
    Response resources means the personnel, equipment, supplies,and 
other capability necessary to perform the response activitiesidentified 
in a response plan.
    Rivers and canals mean bodies of water confined within theinland 
area, including the Intracoastal Waterways and other 
waterwaysartificially created for navigation, that have a project depth 
of 12feet or less.
    Secondary Cargo (see Vessels Carrying Oil as a SecondaryCargo)
    Specific gravity means the ratio of the mass of a givenvolume of 
liquid at 15 degrees C (60 degrees F) to the mass of anequal volume of 
pure water at the same temperature.
    Spill management team means the personnel identified tostaff the 
organizational structure identified in a response plan tomanage response 
plan implementation.
    Substantial threat of such a discharge means any incidentinvolving a 
vessel that may create a significant risk of discharge ofcargo oil. Such 
incidents include, but are not limited to,

[[Page 422]]

groundings, strandings, collisions, hull damage, fire, explosion,loss of 
propulsion, flooding, on-deck spills, or other similaroccurrences.
    Tanker means a self-propelled tank vessel constructed oradapted 
primarily to carry oil or hazardous material in bulk in thecargo spaces.
    Tier means the combination of required response resourcesand the 
times within which the resources must arrive on scene.Appendix B of this 
part, especially Tables 5 and 6, provide specificguidance on calculating 
the response resources required by each tier.Sections 155.1050(g), 
155.1135, 155.1230(d), and 155.2230(d) set forththe required times 
within which the response resources must arrive onscene. Tiers are 
applied in three categories:
    (1) Higher volume port areas;
    (2) The Great Lakes; and
    (3) All other operating environments, including rivers and 
canals,inland, nearshore, and offshore areas.
    Vegetable oil means a non-petroleum oil or fat notspecifically 
identified elsewhere in this part that is derived fromplant seeds, nuts, 
kernels or fruits.
    Vessel of opportunity means a vessel engaged in spillresponse 
activities that is normally and substantially involved inactivities 
other than spill response and not a vessel carrying oil asa primary 
cargo.
    Vessels carrying oil as a primary cargo means all vesselsexcept 
dedicated response vessels carrying oil in bulk as cargo orcargo residue 
that have a Certificate of Inspection issued under 46CFR Chapter I, 
subchapter D.
    Vessels carrying oil as a secondary cargo means vessels,other than 
vessels carrying oil as a primary cargo, carrying oil inbulk as cargo or 
cargo residue pursuant to a permit issued under 46CFR 30.01-5, 70.05-30, 
or 90.05-35, anInternational Oil Pollution Prevention (IOPP) or Noxious 
LiquidSubstance (NLS) certificate required by 33 CFRSec. Sec. 151.33 or 
151.35; or any uninspected vessel thatcarries oil in bulk as cargo or 
cargo residue.
    Worst case discharge means a discharge in adverse weatherconditions 
of a vessel's entire oil cargo.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byUSCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.1025  Operating restrictions and interim operating authorization.

    (a) Vessels subject to this subpart may not perform the 
followingfunctions, unless operating in compliance with a plan approved 
underSec. 155.1065:
    (1) Handling, storing, or transporting oil on the navigable watersof 
the United States; or
    (2) Transferring oil in any other port or place subject to 
U.S.jurisdiction.
    (b) Vessels subject to this subpart may not transfer oil in a portor 
place subject to the jurisdiction of the United States, where theoil to 
be transferred was received from another vessel subject to thissubpart 
during a lightering operation referred to inSec. 155.1015(b), unless 
both vessels engaged in thelightering operation were operating at the 
time in compliance with aplan approved under Sec. 155.1065.
    (c)(1) Notwithstanding the requirements of paragraph (a) of 
thissection, a vessel may continue to handle, store, transport, 
transfer,or lighter oil for 2 years after the date of submission of a 
responseplan pending approval of that plan, if the vessel owner or 
operatorhas received written authorization for continued operations from 
theCoast Guard.
    (2) To receive this authorization, the vessel owner or operatormust 
certify in writing to the Coast Guard that the owner or operatorhas 
identified and ensured the availability of, through contract orother 
approved means, the necessary private response resources torespond, to 
the maximum extent practicable, to a worst case dischargeor substantial 
threat of such a discharge from their vessel asdescribed in Sec. Sec. 
155.1050, 155.1052, 155.1230, or155.2230, as appropriate.
    (d) With respect to paragraph (b) of this section, a vessel maynot 
continue to handle, store, transport, transfer, or lighter oilif--
    (1) The Coast Guard determines that the response resourcesidentified 
in the

[[Page 423]]

vessel's certification statement do not meetthe requirements of this 
subpart;
    (2) The contracts or agreements cited in the vessel'scertification 
statement are no longer valid;
    (3) The vessel is not operating in compliance with the 
submittedplan; or
    (4) The period of this authorization expires.
    (e) An owner or operator of a vessel may be authorized by 
theapplicable COTP to have that vessel make one voyage to transport 
orhandle oil in a geographic specific area not covered by the 
vessel'sresponse plan. All requirements of this subpart must be met for 
anysubsequent voyages to that geographic specific area. To be 
authorized,the vessel owner or operator shall certify to the COTP in 
writing,prior to the vessel's entry into the COTP zone, that--
    (1) A response plan meeting the requirements of this subpart(except 
for the applicable geographic specific appendix) or ashipboard oil 
pollution emergency plan approved by the flag state thatmeets the 
requirements of Regulation 37 of Annex I to theInternational Convention 
for the Prevention of Pollution from Ships,1973 as modified by the 
Protocol of 1978 relating thereto, as amended(MARPOL 73/78);
    (2) The approved response plan or the required plan section(s) 
isaboard the vessel;
    (3) The vessel owner or operator has identified and informed 
thevessel master and the COTP of the designated qualified 
individualprior to the vessel's entry into the COTP zone; and
    (4) The vessel owner or operator has identified and ensured 
theavailability of, through contract or other approved means, the 
privateresponse resources necessary to respond, to the maximum 
extentpracticable under the criteria in Sec. Sec. 155.1050,155.1052, 
155.1230, or 155.2230, as appropriate, to a worst casedischarge or 
substantial threat of discharge from the vessel in theapplicable COTP 
zone.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byUSCG-2008-0179, 73 
FR 35015, June 19, 2008]



Sec. 155.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and 
atleast one alternate who meet the requirements of this section. 
Thequalified individual or alternate qualified individual must 
beavailable on a 24-hour basis.
    (b) The qualified individual and alternate must--
    (1) Speak fluent English;
    (2) Except as set out in paragraph (c) of this section, be locatedin 
the United States;
    (3) Be familiar with the implementation of the vessel responseplan; 
and
    (4) Be trained in the responsibilities of the qualified 
individualunder the response plan.
    (c) For Canadian flag vessels while operating on the Great Lakesor 
the Strait of Juan de Fuca and Puget Sound, WA, the qualifiedindividual 
may be located in Canada if he or she meets all otherrequirements in 
paragraph (b) of this section.
    (d) The owner operator shall provide each qualified individual 
andalternate qualified individual identified in the plan with a 
documentdesignating them as a qualified individual and specifying their 
fullauthority to--
    (1) Activate and engage in contracting with oil spill 
removalorganization(s) and other response related resources identified 
in theplan;
    (2) Act as a liaison with the predesignated Federal On-
SceneCoordinator (OCS); and
    (3) Obligate funds required to carry out response activities.
    (e) The owner or operator of a vessel may designate anorganization 
to fulfill the role of the qualified individual andalternate qualified 
individual. The organization must then identify aqualified individual 
and at least one alternate qualified individualwho meet the requirements 
of this section. The vessel owner oroperator is required to list in the 
response plan the organization,the person identified as the qualified 
individual, and the person orpersons identified as the alternate 
qualified individual(s).
    (f) The qualified individual is not responsible for--
    (1) The adequacy of response plans prepared by the owner oroperator; 
or

[[Page 424]]

    (2) Contracting or obligating funds for response resourcesbeyond the 
full authority contained in their designation from theowner or operator 
of the vessel.
    (g) The liability of a qualified individual is considered to be 
inaccordance with the provisions of 33 U.S.C. 1321(c)(4).



Sec. 155.1030  General response plan requirements.

    (a) The plan must cover all geographic areas of the United Statesin 
which the vessel intends to handle, store, or transport oil,including 
port areas and offshore transit areas.
    (b) The plan must be written in English and, if applicable, in 
alanguage that is understood by the crew members with 
responsibilitiesunder the plan.
    (c) A vessel response plan must be divided into the 
followingsections:
    (1) General information and introduction.
    (2) Notification procedures.
    (3) Shipboard spill mitigation procedures.
    (4) Shore-based response activities.
    (5) List of contacts.
    (6) Training procedures.
    (7) Exercise procedures.
    (8) Plan review and update procedures.
    (9) On board notification checklist and emergency 
procedures(unmanned tank barges only).
    (10) Geographic-specific appendix for each COTP zone in which 
thevessel or vessels operate.
    (11) An appendix for vessel-specific information for the vessel 
orvessels covered by the plan.
    (d) A vessel owner or operator with multiple vessels may submitone 
plan for each class of vessel (i.e., manned vessels carryingoil as 
primary cargo, unmanned vessels carrying oil as primary cargo,and 
vessels carrying oil as secondary cargo) with a separate vessel-specific 
appendix for each vessel covered by the plan and a separategeographic-
specific appendix for each COTP zone in which the vessel(s)will operate.
    (e) The required contents for each section of the plan arecontained 
in Sec. Sec. 155.1035, 155.1040, and 155.1045,as applicable to the type 
or service of the vessel.
    (f) The response plan for a barge carrying nonhazardous oil 
fieldwaste may follow the same format as that for a vessel carrying oil 
asa secondary cargo under Sec. 155.1045 in lieu of the planrequired 
under Sec. 155.1035 or Sec. 155.1040.
    (g) A response plan must be divided into the sections described 
inparagraph (c) of this section unless the plan is supplemented with 
across-reference table to identify the location of the 
informationrequired by this subpart.
    (h) The information contained in a response plan must beconsistent 
with the--
    (1) National Oil and Hazardous Substances Pollution ContingencyPlan 
(NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) ineffect 
on the date 6 months prior to the submission date of theresponse plan; 
or
    (2) More recent NCP and ACP(s).
    (i) Copies of the submitted and approved response plan must 
beavailable as follows:
    (1) The owner or operator of all vessels, except for unmanned 
tankbarges, shall ensure that one English language copy of the 
plansections listed in paragraph (c) (1), (2), (3), (5), (10) and (11) 
ofthis section and the Coast Guard approval letter or notarized copy 
ofthe approval letter are maintained aboard the vessel. If 
applicable,additional copies of the required plan sections must be in 
thelanguage understood by crew members with responsibilities under 
theplan and maintained aboard the vessel.
    (2) The owner or operator of all unmanned tank barges shall 
ensurethat one English language copy of the plan section listed in 
paragraph(c)(9) of this section and the Coast Guard approval letter 
ornotarized copy of the approval letter are maintained aboard the barge.
    (3) The vessel owner or operator shall maintain a current copy ofthe 
entire plan, and ensure that each person identified as a 
qualifiedindividual and alternate qualified individual in the plan has 
acurrent copy of the entire plan.
    (j) If an owner or operator of a United States flag vessel 
informsthe Coast Guard in writing at the time of the

[[Page 425]]

plan submissionaccording to the procedures of Sec. 155.1065, the owner 
oroperator may address the provisions of Regulation 37 of MARPOL 73/78if 
the owner or operator--
    (1) Develops a vessel response plan under Sec. 155.1030and 
Sec. Sec. 155.1035, 155.1040, or 155.1045, asapplicable;
    (2) Expands the plan to cover discharges of all oils defined 
underMARPOL, including fuel oil (bunker) carried on board. The owner 
oroperator is not required to include these additional oils 
incalculating the planning volumes that are used to determine 
thequantity of response resources that the owner or operator must 
ensurethrough contract or other approved means;
    (3) Provides the information on authorities or persons to 
becontacted in the event of an oil pollution incident as required 
byRegulation 37 of MARPOL 73/78. This information must include--
    (i) An appendix containing coastal State contacts for thosecoastal 
States the exclusive economic zone of which the vesselregularly 
transits. The appendix should list those agencies orofficials of 
administrations responsible for receiving and processingpollution 
incident reports; and
    (ii) An appendix of port contacts for those ports at which thevessel 
regularly calls; and
    (4) Expands the plan to include the procedures and point ofcontact 
on the ship for coordinating shipboard activities withnational and local 
authorities in combating an oil spill incident. Theplan should address 
the need to contact the coastal State to advisethem of action(s) being 
implemented and determine whatauthorization(s), if any, are needed.
    (5) Provides a cross reference section to identify the location 
ofthe information required by Sec. 155.1030(j).
    (k) A vessel carrying oil as a secondary cargo may comply with 
therequirements of Sec. 155.1045 by having a response planapproved 
under Regulation 37 of MARPOL 73/78 with the addition of thefollowing--
    (1) Identification of the qualified individual and alternate 
thatmeets the requirements of Sec. 155.1026;
    (2) A geographic specific appendix meeting the requirements ofSec. 
155.1045(i), including the identification of acontracted oil spill 
removal organization;
    (3) Identification of a spill management team;
    (4) An appendix containing the training procedures required 
by155.1045(f); and
    (5) An appendix containing the exercise procedures required 
by155.1045(g).
    (l) For plans submitted prior to the effective date of this 
finalrule, the owner or operator of each vessel may elect to comply 
withany or all of the provisions of this final rule by amending 
orrevising the appropriate section of the previously submitted plan.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byUSCG-2008-0179, 73 
FR 35015, June 19, 2008]



Sec. 155.1035  Response plan requirements for manned vessels carrying oil as aprimary cargo.

    (a) General information and introduction. This section ofthe 
response plan must include--
    (1) The vessel's name, country of registry, call sign, 
officialnumber, and International Maritime Organization (IMO) 
internationalnumber (if applicable). If the plan covers multiple 
vessels, thisinformation must be provided for each vessel;
    (2) The name, address, and procedures for contacting the 
vessel'sowner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the vessel intends tohandle, 
store, or transport oil;
    (4) A table of contents or index of sufficient detail to 
permitpersonnel with responsibilities under the response plan to locate 
thespecific sections of the plan; and
    (5) A record of change(s) page to record information on planreviews, 
updates or revisions.
    (b) Notification procedures. This section of the responseplan must 
include the following notification information:
    (1) A checklist with all notifications, including telephone orother 
contact numbers, in order of priority to be made by shipboard orshore-
based personnel and the information required for thosenotifications. 
Notifications must include those required by--

[[Page 426]]

    (i) MARPOL 73/78 and 33 CFR part 153; and
    (ii) Any applicable State.
    (2) Identification of the person(s) to be notified of a dischargeor 
substantial threat of a discharge of oil. If the notifications varydue 
to vessel location, the persons to be notified also must beidentified in 
a geographic-specific appendix. This section mustseparately identify--
    (i) The individual(s) or organization(s) to be notified byshipboard 
personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified 
individual(s)designated by the vessel's owner or operator.
    (4) Descriptions of the primary and, if available, 
secondarycommunications methods by which the notifications will be made 
thatshould be consistent with the regulations inSec. 155.1035(b)(1).
    (5) The information that is to be provided in the initial and 
anyfollow up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance withIMO 
Resolution A648(16) ``General Principles for Ship ReportingSystems and 
Ship Reporting Requirements'' which is availablethrough the Office of 
Operating and Environmental Standards (CG-522),U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC20593-0001. It must 
include at least the following information:
    (A) Vessel name, country of registry, call sign, and officialnumber 
(if any);
    (B) Date and time of the incident;
    (C) Location of the incident;
    (D) Course, speed, and intended track of vessel;
    (E) Radio station(s) and frequencies guarded;
    (F) Date and time of next report;
    (G) Type and quantity of oil on board;
    (H) Nature and detail of defects, deficiencies, and damage 
(e.g.grounding, collision, hull failure, etc.);
    (I) Details of pollution, including estimate of oil discharged 
orthreat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;
    (L) Actions taken or planned by persons on scene;
    (M) Current conditions of the vessel; and
    (N) Number of crew and details of injuries, if any.
    (ii) After the transmission of the initial notification, as muchas 
possible of the information essential for the protection of themarine 
environment as is appropriate to the incident must be reportedto the 
appropriate on-scene coordinator in a follow-up report. Thisinformation 
must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and abilityto 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of 
thepollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and themovement 
of the ship.
    (6) Identification of the person(s) to be notified of a 
vesselcasualty potentially affecting the seaworthiness of a vessel and 
theinformation to be provided by the vessel's crew to shore-
basedpersonnel to facilitate the assessment of damage stability and 
stress.
    (c) Shipboard spill mitigation procedures. This section ofthe 
response plan must include--
    (1) Procedures for the crew to mitigate or prevent any dischargeor a 
substantial threat of such discharge of oil resulting fromshipboard 
operational activities associated with internal or externalcargo 
transfers. Responsibilities of vessel personnel should beidentified by 
job title. These procedures must address personnelactions in the event 
of a--
    (i) Transfer system leak;
    (ii) Tank overflow; or
    (iii) Suspected cargo tank or hull leak;
    (2) Procedures in the order of priority for the crew to mitigateor 
prevent any discharge or a substantial threat of such a dischargein the 
event of the following casualties or emergencies:
    (i) Grounding or stranding.

[[Page 427]]

    (ii) Collision.
    (iii) Explosion or fire, or both.
    (iv) Hull failure.
    (v) Excessive list.
    (vi) Equipment failure (e.g. main propulsion, steering gear,etc.);
    (3) Procedures for the crew to deploy discharge removal equipmentas 
required under subpart B of this part;
    (4) The procedures for internal transfers of cargo in anemergency;
    (5) The procedures for ship-to-ship transfers of cargo in 
anemergency:
    (i) The format and content of the ship-to-ship transfer 
proceduresmust be consistent with the Ship to Ship Transfer Guide 
(Petroleum)published jointly by the International Chamber of Shipping 
and the OilCompanies International Marine Forum (OCIMF).
    (ii) The procedures must identify the response resources necessaryto 
carry out the transfers, including--
    (A) Fendering equipment (ship-to-ship only);
    (B) Transfer hoses and connection equipment;
    (C) Portable pumps and ancillary equipment;
    (D) Lightering and mooring masters (ship-to-ship only); and
    (E) Vessel and barge brokers (ship-to-ship only).
    (iii) Reference can be made to a separate oil transfer procedureand 
lightering plan carried aboard the vessel, provided that 
safetyconsiderations are summarized in the response plan.
    (iv) The location of all equipment and fittings, if any, 
carriedaboard the vessel to perform such transfers must be identified;
    (6) The procedures and arrangements for emergency towing,including 
the rigging and operation of any emergency towing equipment,including 
that required by subpart B of this part, aboard the vessel;
    (7) The location, crew responsibilities, and procedures for use 
ofshipboard equipment which may be carried to mitigate an oil discharge;
    (8) The crew responsibilities, if any, for recordkeeping andsampling 
of spilled oil. Any requirements for sampling must addresssafety 
procedures to be followed by the crew;
    (9) The crew's responsibilities, if any, to initiate a responseand 
supervise shore-based response resources;
    (10) Damage stability and hull stress considerations whenperforming 
shipboard mitigation measures. This section must identifyand describe--
    (i) Activities in which the crew is trained and qualified toexecute 
absent shore-based support or advice; and
    (ii) The information to be collected by the vessel's crew 
tofacilitate shore-based assistance; and
    (11)(i) Location of vessel plans necessary to perform 
salvage,stability, and hull stress assessments. A copy of these plans 
must bemaintained ashore by either the vessel owner or operator or 
thevessel's recognized classification society unless the vessel 
hasprearranged for a shore-based damage stability and residual 
strengthcalculation program with the vessel's baseline strength and 
stabilitycharacteristics pre-entered. The response plan must indicate 
the shorelocation and 24-hour access procedures of the calculation 
program orthe following plans:
    (A) General arrangement plan.
    (B) Midship section plan.
    (C) Lines plan or table of offsets.
    (D) Tank tables.
    (E) Load line assignment.
    (F) Light ship characteristics.
    (ii) The plan must identify the shore location and 24-hour 
accessprocedures for the computerized, shore-based damage stability 
andresidual structural strength calculation programs required bySec. 
155.240.
    (d) Shore-based response activities. This section of theresponse 
plan must include the following information:
    (1) The qualified individual's responsibilities and 
authority,including immediate communication with the Federal on-
scenecoordinator and notification of the oil spill removal 
organization(s)identified in the plan.
    (2) If applicable, procedures for transferring responsibility 
fordirection of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vesselowner 
or operator or qualified individual with the

[[Page 428]]

predesignatedFederal on-scene coordinator responsible for overseeing or 
directingthose actions.
    (4) The organizational structure that will be used to manage 
theresponse actions. This structure must include the following 
functionalareas and must further include information for key components 
withineach functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities of, duties of, and functional 
jobdescriptions for each oil spill management team position within 
theorganizational structure identified in paragraph (d)(4) of 
thissection.
    (e) List of contacts. The name, location, and 24-hourcontact 
information for the following key individuals andorganizations must be 
included in this section of the response planor, if more appropriate, in 
a geographic-specific appendix andreferenced in this section of the 
response plan:
    (1) Vessel owner or operator.
    (2) Qualified individual and alternate qualified individual forthe 
vessel's area of operation.
    (3) Applicable insurance representatives or surveyors for 
thevessel's area of operation.
    (4) The vessel's local agent(s) for the vessel's area ofoperation.
    (5) Person(s) within the oil spill removal organization to notifyfor 
activation of that oil spill removal organization for the threespill 
scenarios identified in paragraph (i)(5) of this section for thevessel's 
area of operation.
    (6) Person(s) within the identified response organization tonotify 
for activating that organization to provide:
    (i) The required emergency lightering required bySec. 155.1050(l), 
Sec. 155.1052(g),Sec. 155.1230(g), or Sec. 155.2230(g), asapplicable 
to the type of service of the vessel; and
    (ii) The required salvage and firefighting required bySec. 
155.1050(k), Sec. 155.1052(e),Sec. 155.1230(e), and Sec. 155.2230(e), 
asapplicable to the type of service of the vessel.
    (7) Person(s) to notify for activation of the spill managementteam 
for the spill response scenarios identified in paragraph (i)(5)of this 
section for the vessel's area of operation.
    (f) Training procedures. This section of the response planmust 
address the training procedures and programs of the vessel owneror 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response planmust 
address the exercise program to be carried out by the vesselowner or 
operator to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appealprocedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operatorto 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review 
ofthe plan to evaluate and validate its effectiveness.
    (i) Geographic-specific appendices for each COTP zone in whicha 
vessel operates. A geographic-specific appendix must be includedfor each 
COTP zone identified. The appendices must include thefollowing 
information or identify the location of such informationwithin the plan:
    (1) A list of the geographic areas (port areas, rivers and 
canals,Great Lakes, inland, nearshore, offshore, and open ocean areas) 
inwhich the vessel intends to handle, store, or transport oil within 
theapplicable COTP zone.
    (2) The volume and group of oil on which the required level 
ofresponse resources are calculated.
    (3) Required Federal or State notifications applicable to 
thegeographic areas in which a vessel operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) thatare 
identified and ensured available, through contract or otherapproved 
means, and the spill management team to respond to thefollowing spill 
scenarios:
    (i) Average most probable discharge.

[[Page 429]]

    (ii) Maximum most probable discharge.
    (iii) Worst case discharge.
    (6) The organization(s) identified to meet the requirements 
ofparagraph (i)(5) of this section must be capable of providing 
theequipment and supplies necessary to meet the requirements 
ofSec. Sec. 155.1050, 155.1052, 155.1230, and 155.2230, asappropriate, 
and sources of trained personnel to continue operation ofthe equipment 
and staff the oil spill removal organization(s) andspill management team 
identified for the first 7 days of the response.
    (7) The appendix must list the response resources and 
relatedinformation required under Sec. Sec. 155.1050, 
155.1052,155.1230, 155.2230, and Appendix B of this part, as 
appropriate.
    (8) If an oil spill removal organization(s) has been evaluated bythe 
Coast Guard and their capability has been determined to equal orexceed 
the response capability needed by the vessel, the appendix mayidentify 
only the organization and their applicable classification andnot the 
information required in paragraph (i)(7) of this section.
    (9) The appendix must also separately list the companiesidentified 
to provide the salvage, vessel firefighting, lightering,and if 
applicable, dispersant capabilities required in this subpart.
    (j) Appendices for vessel-specific information. This sectionmust 
include for each vessel covered by the plan the followinginformation:
    (1) List of the vessel's principal characteristics.
    (2) Capacities of all cargo, fuel, lube oil, ballast, and freshwater 
tanks.
    (3) The total volume and cargo groups of oil cargo that would 
beinvolved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks.
    (5) General arrangement plan (can be maintained separately aboardthe 
vessel providing the response plan identifies the location).
    (6) Midships section plan (can be maintained separately aboard 
thevessel providing the response plan identifies the location).
    (7) Cargo and fuel piping diagrams and pumping plan, as 
applicable(can be maintained separately aboard the vessel providing the 
responseplan identifies the location).
    (8) Damage stability data (can be maintained separately providingthe 
response plan identifies the location).
    (9) Location of cargo and fuel stowage plan for vessel 
(normallymaintained separately aboard the vessel).
    (10) Location of information on the name, description, physicaland 
chemical characteristics, health and safety hazards, and spill 
andfirefighting procedures for the oil cargo aboard the vessel. 
Amaterial safety data sheet meeting the requirements of 29 CFR1910.1200, 
cargo information required by 33 CFR 154.310, or equivalentwill meet 
this requirement. This information can be maintainedseparately.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996;USCG-2005-21531, 70 FR 36349, June 23, 2005;USCG-
2008-0179, 73 FR 35015, June 19, 2008]



Sec. 155.1040  Response plan requirements for unmanned tank barges carrying oilas a primary cargo.

    (a) General information and introduction. This section ofthe 
response plan must include--
    (1) A list of tank barges covered by the plan, which must includethe 
country of registry, call sign, IMO international numbers 
(ifapplicable), and official numbers of the listed tank barges;
    (2) The name, address, and procedures for contacting the 
barge'sowner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the tank barges covered bythe 
plan intend to handle, store, or transport oil;
    (4) A table of contents or index of sufficient detail to 
permitpersonnel with responsibilities under the response plan to locate 
thespecific sections of the plan; and
    (5) A record of change(s) page used to record information on 
planreviews, updates or revisions.
    (b) Notification procedures. This section of the responseplan must 
include the following notification information:

[[Page 430]]

    (1) A checklist with all notifications. The checklist mustinclude 
notifications required by MARPOL 73/78, 33 CFR part 153, andany 
applicable State, including telephone or other contact numbers, inthe 
order of priority and the information required for thosenotifications to 
be made by the--
    (i) Towing vessel;
    (ii) Vessel owner or operator; or
    (iii) Qualified individual.
    (2) Identification of the person(s) to be notified of a dischargeor 
substantial threat of a discharge of oil. If the notifications varydue 
to the location of the barge, the persons to be notified also mustbe 
identified in a geographic-specific appendix. This section 
mustseparately identify--
    (i) The individual(s) or organization(s) to be notified by thetowing 
vessel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individualsdesignated 
by the barge's owner or operator.
    (4) Identification of the primary and, if available, 
secondarycommunications methods by which the notifications will be 
made,consistent with the requirements of paragraph (b)(1) of this 
section.
    (5) The information that is to be provided in the initial and 
anyfollow-up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification information must include at least 
thefollowing information:
    (A) Towing vessel name (if applicable);
    (B) Tank barge name, country of registry, and official number;
    (C) Date and time of the incident;
    (D) Location of the incident;
    (E) Course, speed, and intended track of towing vessel 
(ifapplicable);
    (F) Radio station(s) frequencies guarded by towing vessel 
(ifapplicable);
    (G) Date and time of next report;
    (H) Type and quantity of oil on board;
    (I) Nature and details of defects, deficiencies, and damage 
(e.g.,grounding, collision, hull failure, etc.);
    (J) Details of pollution, including estimate of oil discharged 
orthreat of discharge;
    (K) Weather and sea conditions on scene;
    (L) Barge size and type;
    (M) Actions taken or planned by persons on scene;
    (N) Current condition of the barge; and
    (O) Details of injuries, if any.
    (ii) After the transmission of the initial notification, as muchas 
possible of the information essential for the protection of themarine 
environment as is appropriate to the incident must be reportedto the 
appropriate on-scene coordinator in a follow-up report. Thisinformation 
must include--
    (A) Additional detail on the type of cargo on board;
    (B) Additional details on the condition of the barge and abilityto 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of 
thepollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and themovement 
of the vessel.
    (6) Identification of the person(s) to be notified of a 
vesselcasualty potentially affecting the seaworthiness of a vessel and 
theinformation to be provided by the towing vessel personnel 
ortankermen, as applicable, to shore-based personnel to facilitate 
theassessment of damage stability and stress.
    (c) Shipboard spill mitigation procedures. This section ofthe 
response plan must include--
    (1) Procedures to be followed by the tankerman, as defined in 46CFR 
35.35-1, to mitigate or prevent any discharge or asubstantial threat of 
such a discharge of oil resulting fromoperational activities and 
casualties. These procedures must addresspersonnel actions in the event 
of a--
    (i) Transfer system leak;
    (ii) Tank overflow; or
    (iii) Suspected cargo tank or hull leak;
    (2) Procedures in the order of priority for the towing vessel 
orbarge owner or operator to mitigate or prevent any

[[Page 431]]

discharge or asubstantial threat of such a discharge of oil in the event 
of thefollowing casualties or emergencies:
    (i) Grounding or stranding;
    (ii) Collision;
    (iii) Explosion or fire, or both;
    (iv) Hull failure;
    (v) Excessive list; and
    (3) Procedures for tankermen or towing vessel crew to 
employdischarge removal equipment required by subpart B of this part;
    (4) The procedures for the internal transfer of cargo in 
anemergency;
    (5) The procedures for ship-to-ship transfers of cargo in 
anemergency:
    (i) The procedures must identify the response resources necessaryto 
carry out the transfers, including--
    (A) Fendering equipment (ship-to-ship only);
    (B) Transfer hoses and connection equipment;
    (C) Portable pumps and ancillary equipment; and
    (D) Lightering vessels (ship-to-ship only).
    (ii) Reference can be made to separate oil transfer procedures ora 
lightering plan provided that safety considerations are summarizedin the 
response plan.
    (iii) The location of all equipment and fittings, if any, toperform 
such transfers must be identified;
    (6) The procedures and arrangements for emergency towing,including 
the rigging and operation of any emergency towing equipment,including 
that required by subpart B of this part aboard the barge;
    (7) The location and procedures for use of equipment stowed 
aboardeither the barge or towing vessel to mitigate an oil discharge;
    (8) The responsibilities of the towing vessel crew and facility 
orfleeting area personnel, if any, to initiate a response and 
superviseshore-based response resources;
    (9) Damage stability, if applicable, and hull stressconsiderations 
when performing on board mitigation measures. Thissection must identify 
and describe--
    (i) Activities in which the towing vessel crew or tankerman 
istrained and qualified to execute absent shore-based support or advice;
    (ii) The individuals who shall be notified of a casualtypotentially 
affecting the seaworthiness of the barge; and
    (iii) The information that must be provided by the towing vesselto 
facilitate the assessment of damage stability and stress; and
    (10)(i) Location of barge plans necessary to perform 
salvage,stability, and hull stress assessments. A copy of these barge 
plansmust be maintained ashore by either the barge owner or operator or 
thevessel's recognized classification society. The response plan 
mustindicate the shore location and 24-hour access procedures of 
thefollowing plans:
    (A) General arrangement plan.
    (B) Midship section plan.
    (C) Lines plan or table of offsets, as available.
    (D) Tank tables; and
    (ii) Plans for offshore oil barges must identify the shorelocation 
and 24-hour access procedures for the computerized shore-based damage 
stability and residual structural strength calculationprograms required 
by Sec. 155.240.
    (d) Shore-based response activities. This section of theresponse 
plan must include the following information:
    (1) The qualified individual's responsibilities and 
authority,including immediate communication with the Federal on-
scenecoordinator and notification of the oil spill removal 
organization(s)identified in the plan.
    (2) If applicable, procedures for transferring responsibility 
fordirection of response activities from towing vessel personnel 
ortankermen to the shore-based spill management team.
    (3) The procedures for coordinating the actions of the barge owneror 
operator of qualified individual with the action of thepredesignated 
Federal on-scene coordinator responsible for overseeingor directing 
those actions.
    (4) The organizational structure that will manage the barge owneror 
operator's response actions. This structure must include thefollowing 
functional areas and must further include information forkey components 
within each functional area:
    (i) Command and control;
    (ii) Public information;

[[Page 432]]

    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities of, duties of, and functional 
jobdescriptions for each oil spill management team position within 
theorganizational structure identified in paragraph (d)(4) of 
thissection.
    (e) List of contacts. The name, location, and 24-hourcontact 
information for the following key individuals andorganizations must be 
included in this section or, if moreappropriate, in a geographic-
specific appendix and referenced in thissection:
    (1) Barge owner or operator.
    (2) Qualified individual and alternate qualified individual forthe 
tank barge's area of operation.
    (3) Applicable insurance representatives or surveyors for thebarge's 
area(s) of operation.
    (4) Person(s) within the oil spill removal organization to notifyfor 
activation of that oil spill removal organization for the spillscenarios 
identified in paragraph (j)(5) of this section for thebarges's area(s) 
of operation.
    (5) Person(s) within the identified response organization tonotify 
for activating that organization to provide:
    (i) The required emergency lightering required bySec. Sec. 
155.1050(l), 155.1052(g), 155.1230(g), and155.2230(g), as applicable to 
the type of service of the barge(s); and
    (ii) The required salvage and fire fighting required bySec. Sec. 
155.1050(k), 155.1052(e), 155.1230(e), and155.2230(e), as applicable to 
the type of service of the barge(s).
    (6) Person(s) to notify for activation of the spill managementteam 
for the spill response scenarios identified in paragraph (j)(5)of this 
section for the vessel's area of operation.
    (f) Training procedures. This section of the response planmust 
address the training procedures and programs of the barge owneror 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response planmust 
address the exercise program carried out by the barge owner oroperator 
to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revisions amendment, and appealprocedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the barge owner or operatorto 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review 
ofthe plan to evaluate and validate its effectiveness.
    (i) On board notification checklist and emergencyprocedures. This 
portion of the response plan must be maintained inthe documentation 
container aboard the unmanned barge. The owner oroperator of an unmanned 
tank barge subject to this section shallprovide the personnel of the 
towing vessel, fleeting area, or facilitythat the barge may be moored at 
with the information required by thisparagraph and the responsibilities 
that the plan indicates will becarried out by these personnel. The on 
board notification checklistand emergency procedures must include--
    (1) The toll-free number of the National Response Center;
    (2) The name and procedures for contacting a primary 
qualifiedindividual and at least one alternate on a 24-hour basis;
    (3) The name, address, and procedure for contacting the 
vessel'sowner or operator on a 24-hour basis;
    (4) The list of information to be provided in the notification bythe 
reporting personnel;
    (5) A statement of responsibilities of and actions to be taken 
byreporting personnel after an oil discharge or substantial threat 
ofsuch discharge; and
    (6) The information contained in paragraph (c)(1) of this section.
    (j) Geographic-specific appendices for each COTP zone in whicha tank 
barge operates. A geographic-specific appendix must beincluded for each 
COTP zone identified. The appendices must includethe following 
information or identify the location of such informationwithin the plan:
    (1) A list of the geographic areas (port areas, rivers and 
canals,Great Lakes, inland, nearshore, offshore, and open ocean areas) 
inwhich the barge

[[Page 433]]

intends to handle, store, or transport oil withinthe applicable COTP 
zone.
    (2) The volume and group of oil on which the required level 
ofresponse resources are calculated.
    (3) Required Federal or State notifications applicable to 
thegeographic areas in which the barge operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) thatare 
identified and ensured available, through contract or otherapproved 
means and the spill management team to provide the responseresources 
necessary to respond to the following spill scenarios:
    (i) An average most probable discharge.
    (ii) A maximum most probable discharge.
    (iii) A worst case discharge to the maximum extent practicable.
    (6) The organization(s) identified to meet the provisions 
ofparagraph (j)(5) of this section must be capable of providing 
theequipment and supplies necessary to meet the provisions ofSec. Sec. 
155.1050, 155.1052, 155.1230, and 155.2230, asappropriate, and sources 
of trained personnel to continue operation ofthe equipment and staff the 
oil spill removal organization(s) andspill management team identified 
for the first seven days of theresponse.
    (7) The appendix must list the response resources and 
relatedinformation required under Sec. Sec. 155.1050, 
155.1052,155.1230, 155.2230, and Appendix B of this part, as 
appropriate.
    (8) If the oil spill removal organization(s) providing thenecessary 
response resources has been evaluated by the Coast Guard andtheir 
capability has been determined to equal or exceed the responsecapability 
needed by the vessel, the appendix may identify only theorganization and 
their applicable classification and not theinformation required in 
paragraph (j)(7) of this section.
    (9) The appendix must also separately list the companiesidentified 
to provide the salvage, barge firefighting, lightering, andif 
applicable, dispersant capabilities required in this subpart.
    (k) Appendices for barge-specific information. Because manyof the 
tank barges covered by a response plan may be of the samedesign, this 
information does not need to be repeated provided theplan identifies the 
tank barges to which the same information wouldapply. The information 
must be part of the response plan unlessspecifically noted. This section 
must include for each barge coveredby the plan the following 
information:
    (1) List of the principal characteristics of the vessel.
    (2) Capacities of all cargo, fuel, lube oil, and ballast tanks.
    (3) The total volumes and cargo group(s) of oil cargo that wouldbe 
involved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks aboard the barge.
    (5) General arrangement plan (can be maintained separatelyproviding 
that the location is identified).
    (6) Midships section plan (can be maintained separately 
providingthat the location is identified).
    (7) Cargo and fuel piping diagrams and pumping plan, as 
applicable(can be maintained separately providing that the location 
isidentified).
    (8) Damage stability data, if applicable.
    (9) Location of cargo and fuel stowage plan for barge(s) 
(normallymaintained separately).
    (10) Location of information on the name, description, physicaland 
chemical characteristics, health and safety hazards, and spill 
andfirefighting procedures for the oil cargo aboard the barge. A 
materialsafety data sheet meeting the requirements of 29 CFR 1910.1200, 
cargoinformation required by 33 CFR 154.310, or equivalent will meet 
thisrequirement. This information can be maintained separately.



Sec. 155.1045  Response plan requirements for vessels carrying oil as a secondarycargo.

    (a) General information and introduction. This section ofthe 
response plan must include--
    (1) The vessel's name, country of registry, call sign, 
officialnumber, and

[[Page 434]]

IMO international number (if applicable). If the plancovers multiple 
vessels, this information must be provided for eachvessel;
    (2) The name, address, and procedures for contacting the 
vessel'sowner or operator on a 24-hour basis;
    (3) A list of COTP zones in which the vessel intends to 
handle,store, or transport oil;
    (4) A table of contents or index of sufficient detail to 
permitpersonnel with responsibilities under the response plan to locate 
thespecific sections of the plan; and
    (5) A record of change(s) page used to record information on 
planupdates or revisions.
    (6) As required in paragraph (c) of this section, the vessel owneror 
operator must list in his or her plan the total volume of oilcarried in 
bulk as cargo.
    (i) For vessels that transfer a portion of their fuel as cargo, 
25percent of the fuel capacity of the vessel plus the capacity of anyoil 
cargo tank(s) will be assumed to be the cargo volume fordetermining 
applicable response plan requirements unless the vesselowner or operator 
indicates otherwise.
    (ii) A vessel owner or operator can use a volume less than 25percent 
if he or she submits historical data with the plan thatsubstantiates the 
transfer of a lower percentage of its fuel capacitybetween refuelings.
    (b) Notification procedures. This section of the responseplan must 
include the following notification information:
    (1) A checklist with all notifications, including telephone orother 
contact numbers, in the order of priority to be made byshipboard or 
shore-based personnel and the information required forthose 
notifications. Notifications must include those requiredby--
    (i) MARPOL 73/78 and 33 CFR part 153; and
    (ii) Any applicable State.
    (2) Identification of the person(s) to be notified of a dischargeor 
substantial threat of discharge of oil. If notifications vary dueto 
vessel location, the person(s) to be notified also must beidentified in 
a geographic-specific appendix. This section mustseparately identify--
    (i) The individual(s) or organization(s) to be notified byshipboard 
personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individual 
andalternate qualified individual.
    (4) Descriptions of the primary and, if available, 
secondarycommunication methods by which the notifications will be 
made,consistent with the requirements in paragraph (b)(1) of this 
section.
    (5) The information that is to be provided in the initial and 
anyfollow-up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance withIMO 
Resolution A648(16) ``General Principles for Ship ReportingSystems and 
Ship Reporting Requirements.'' It must include atleast the following 
information:
    (A) Vessel name, country of registry, call sign, IMO 
internationalnumber (if applicable), and official number (if any);
    (B) Date and time of the incident;
    (C) Location of the incident;
    (D) Course, speed, and intended track of vessel;
    (E) Radio station(s) and frequencies guarded;
    (F) Date and time of next report;
    (G) Type and quantity of oil on board;
    (H) Nature and detail of defects, deficiencies, and damage 
(e.g.,grounding, collision, hull failure, etc.);
    (I) Details of pollution, including estimate of oil discharged 
orthreat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;
    (L) Actions taken or planned by persons on scene;
    (M) Current conditions of the vessel; and
    (N) Number of crew and details of injuries, if any.
    (ii) After the transmission of the initial notification, as muchas 
possible of the information essential for the protection of themarine 
environment as is appropriate to the incident must be

[[Page 435]]

reported to the appropriate on-scene coordinator in a follow-upreport. 
This information must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and abilityto 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of 
thepollution and whether the discharge is continuing;
    (D) Any changes in the on-scene weather or sea conditions; and
    (E) Actions being taken with regard to the discharge and themovement 
of the ship.
    (c) Shipboard spill mitigation procedures. This section ofthe 
response plan must identify the vessel's total volumes of oilcarried in 
bulk as cargo and meet the applicable requirements of thisparagraph as 
in paragraph (a)(6) of this section.
    (1) For vessels carrying 100 barrels or less of oil in bulk ascargo, 
the plan must include a basic emergency action checklist forvessel 
personnel including notification and actions to be taken toprevent or 
mitigate any discharge or substantial threat of such adischarge of oil 
from the vessel.
    (2) For vessels carrying over 100 barrels of oil but not 
exceeding5,000 barrels of oil in bulk as cargo, the plan must include--
    (i) Detailed information on actions to be taken by vesselpersonnel 
to prevent or mitigate any discharge or substantial threatof such a 
discharge of oil from the vessel due to operationalactivities or 
casualties;
    (ii) Detailed information on damage control procedures to befollowed 
by vessel personnel;
    (iii) Detailed procedures for internal or external transfer of oilin 
bulk as cargo in an emergency; and
    (iv) Procedures for use of any equipment carried aboard the 
vesselfor spill mitigation.
    (3) For vessels carrying over 5,000 barrels of oil as a 
secondarycargo, the plan must provide the information required bySec. 
155.1035(c) for shipboard spill mitigation procedures.
    (4) For all vessels, the plan must include responsibilities 
andactions to be taken by vessel personnel, if any, to initiate 
aresponse and supervise shore-based response resources.
    (d) Shore-based response activities. This section of theresponse 
plan must include the following information:
    (1) The qualified individual's responsibilities and 
authority,including immediate communication with the Federal on-
scenecoordinator and notification of the oil spill removal 
organization(s)identified in the plan.
    (2) If applicable, procedures for transferring responsibility 
fordirection of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vesselowner 
or operator with the actions of the predesignated Federal on-scene 
coordinator responsible for overseeing or directing thoseactions.
    (4) The organizational structure that will be used to manage 
theresponse actions. This structure must include the following 
functionalareas and must further include information for key components 
withineach functional area:
    (i) Command and control;
    (ii) Public information;
    (iii) Safety;
    (iv) Liaison with government agencies;
    (v) Spill response operations;
    (vi) Planning;
    (vii) Logistics support; and
    (viii) Finance.
    (5) The responsibilities, duties, and functional job descriptionfor 
each oil spill management team member within the organizationalstructure 
identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hourcontact 
information for the following key individuals or organizationsmust be 
included in this section or, if more appropriate, in ageographic-
specific appendix and referenced in this section:
    (1) Vessel owner or operator, and if applicable, charterer.
    (2) Qualified individual and alternate qualified individual forthe 
vessel's area of operation.
    (3) Vessel's local agent(s), if applicable, for the vessel's areaof 
operation.

[[Page 436]]

    (4) Applicable insurance representatives or surveyors for 
thevessel's area of operation.
    (5) Person(s) within the identified oil spill removalorganization(s) 
to notify for activation of the oil spill removalorganization(s) 
identified under paragraph (i)(3) of this section forthe vessel's area 
of operation.
    (6) Person(s) to notify for activation of the spill managementteam.
    (f) Training procedures. (1) This section of the responseplan must 
address the training procedures and programs of the vesselowner or 
operator. The vessel owner or operator shall ensurethat--
    (i) All personnel with responsibilities under the plan 
receivetraining in their assignments and refresher training as 
necessary, andparticipate in exercises required under paragraph (g) of 
this section.Documented work experience can be used instead of training; 
and
    (ii) Records of this training are maintained aboard the vessel, 
atthe U.S. location of the spill management team, or with the 
qualifiedindividual. The plan must specify where the records are 
located.
    (2) Nothing in this section relieves the vessel owner or 
operatorfrom responsibility to ensure that all private shore-based 
responsepersonnel are trained to meet the Occupational Safety and 
HealthAdministration (OSHA) standards for emergency response operations 
in29 CFR 1910.120.
    (g) Exercise procedures. This section of the response planmust 
address the exercise program carried out by the vessel owner oroperator 
to evaluate the ability of vessel and shore-based personnelto perform 
their identified functions in the plan. The requiredexercise frequency 
for each category of vessel is as follows:
    (1) For vessels carrying 100 barrels or less of oil ascargo--
    (i) On board spill mitigation procedures and qualified 
individualnotification exercises must be conducted annually; and
    (ii) Shore-based oil spill removal organization exercises must 
beconducted biennially.
    (2) For vessels carrying over 100 barrels and up to 5,000 barrelsof 
oil in bulk as cargo--
    (i) On board emergency procedures and qualified 
individualnotification exercises must be conducted quarterly; and
    (ii) Shore-based oil spill removal organization exercises must 
beconducted annually.
    (3) Vessels carrying over 5,000 barrels of oil in bulk as cargomust 
meet the exercise requirement of Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appealprocedures. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operatorto 
meet the requirement of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review 
ofthe plan to evaluate and validate its effectiveness
    (i) Geographic-specific appendices for each COTP zone in whicha 
vessel operates. A geographic-specific appendix must be includedfor each 
COTP zone identified. The appendix must include the followinginformation 
or identify the location of such information within theplan:
    (1) Required Federal or State notifications applicable to 
thegeographic areas in which a vessel operates.
    (2) Identification of the qualified individuals.
    (3) A list of the oil spill removal organization(s) and the 
spillmanagement team(s) available to respond to the vessel's worst case 
oildischarge in each COTP zone in which a vessel operates. The oil 
spillremoval organization(s) identified must be capable of commencing 
oilspill containment and on-water recovery within the response 
timeslisted for Tier 1 in Sec. 155.1050(g); providing temporarystorage 
of recovered oil; and conducting shoreline protection andcleanup 
operations. An oil spill removal organization may not beidentified in 
the plan unless the organization has provided writtenconsent to being 
identified in the plan as an available resource.
    (j) Appendices for vessel-specific information. This sectionmust 
include for each vessel covered by the plan the followinginformation:
    (1) List of the vessel's principal characteristics (i.e.,length, 
beam, gross tonnage, etc.).

[[Page 437]]

    (2) Capacities of all cargo, fuel, lube oil, ballast, andfresh water 
tanks.
    (3) The total volume and cargo groups of oil cargo that would 
beinvolved in the--
    (i) Maximum most probable discharge; and
    (ii) Worst case discharge.
    (4) Diagrams showing location of all tanks.
    (5) Cargo and fuel piping diagrams and pumping plan as 
applicable.These diagrams and plans can be maintained separately aboard 
thevessel providing the response plan identifies the location.
    (6) Location of information on the name, description, physical 
andchemical characteristics, health and safety hazards, and spill 
andfirefighting procedures for the oil cargo aboard the vessel. 
Amaterial safety data sheet meeting the requirements of 29 CFR1910.1200, 
cargo information required by 33 CFR 154.310, or theequivalent, will 
meet this requirement. This information can bemaintained separately on 
board the vessel, providing the response planidentifies the location.



Sec. 155.1050  Response plan development and evaluation criteria for vesselscarrying groups I through IV petroleum oil as a primary cargo.

    (a) The following criteria must be used to evaluate theoperability 
of response resources identified in the response plan forthe specified 
operating environment:
    (1) Table 1 of Appendix B of this part.
    (i) The criteria in Table 1 of Appendix B of this part are to beused 
solely for identification of appropriate equipment in a responseplan.
    (ii) These criteria reflect conditions used for planning purposesto 
select mechanical response equipment and are not conditions thatwould 
limit response actions or affect normal vessel operations.
    (2) Limitations that are identified in the Area Contingency Plansfor 
the COTP zones in which the vessel operates, including--
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges; and
    (iv) Weather-related visibility.
    (b) The COTP may reclassify a specific body of water or 
locationwithin the COTP zone. Any reclassifications will be identified 
in theapplicable Area Contingency Plan. Reclassifications may be to--
    (1) A more stringent operating environment if the prevailing 
waveconditions exceed the significant wave height criteria during 
morethan 35 percent of the year; or
    (2) A less stringent operating environment if the prevailing 
waveconditions do not exceed the significant wave height criteria for 
theless stringent operating environment during more than 35 percent 
ofthe year.
    (c) Response equipment must--
    (1) Meet or exceed the criteria listed in Table 1 of Appendix B 
ofthis part;
    (2) Be capable of functioning in the applicable 
operatingenvironment; and
    (3) Be appropriate for the petroleum oil carried.
    (d) The owner or operator of a vessel that carries groups Ithrough 
IV petroleum oil as a primary cargo shall identify in theresponse plan 
and ensure the availability of, through contract orother approved means, 
the response resources that will respond to adischarge up to the 
vessel's average most probable discharge.
    (1) For a vessel that carries groups I through IV petroleum oil 
asits primary cargo, the response resources must include--
    (i) Containment boom in a quantity equal to twice the length ofthe 
largest vessel involved in the transfer and capable of beingdeployed at 
the site of oil transfer operations--
    (A) Within 1 hour of detection of a spill, when the transfer 
isconducted between 0 and 12 miles from the nearest shoreline; or
    (B) Within 1 hour plus travel time from the nearest shoreline,based 
on an on-water speed of 5 knots, when the transfer is conductedover 12 
miles up to 200 miles from the nearest shoreline; and
    (ii) Oil recovery devices and recovered oil storage capacitycapable 
of being at the transfer site--
    (A) Within 2 hours of the detection of a spill during 
transferoperations, when the transfer is conducted between 0 and 12 
miles fromthe nearest shoreline; or
    (B) Within 1 hour plus travel time from the nearest shoreline,based 
on an

[[Page 438]]

on-water speed of 5 knots, when the transfer isconducted over 12 miles 
up to 200 miles from the nearest shoreline.
    (2) For locations of multiple vessel transfer operations, a 
vesselmay identify the same equipment as identified by other 
vessels,provided that each vessel has ensured access to the equipment 
throughcontract or other approved means. Under these circumstances, 
priorapproval by the Coast Guard is not required for temporary changes 
inthe contracted oil spill removal organization underSec. 
155.1070(c)(5).
    (3) The owner or operator of a vessel conducting transferoperations 
at a facility required to submit a response plan under 33CFR 154.1017 is 
required to plan for and identify the responseresources required in 
paragraph (d)(1) of this section. However, theowner or operator is not 
required to ensure by contract or other meansthe availability of such 
resources.
    (e) The owner or operator of a vessel carrying groups I through 
IVpetroleum oil as a primary cargo must identify in the response planand 
ensure the availability of, through contract or other approvedmeans, the 
response resources necessary to respond to a discharge upto the vessel's 
maximum most probable discharge volume.
    (1) These resources must be positioned such that they can arriveat 
the scene of a discharge within--
    (i) 12 hours of the discovery of a discharge in higher volume 
portareas and the Great Lakes;
    (ii) 24 hours of the discovery of a discharge in all rivers 
andcanals, inland, nearshore and offshore areas; and
    (iii) 24 hours of the discovery of a discharge plus travel timefrom 
shore for open ocean areas.
    (2) The necessary response resources include sufficientcontainment 
boom, oil recovery devices, and storage capacity for anyrecovery of up 
to the maximum most probable discharge planning volume.
    (3) The response plan must identify the storage location, 
make,model, and effective daily recovery capacity of each oil 
recoverydevice that is identified for plan credit.
    (4) The response resources identified for responding to a 
maximummost probable discharge must be positioned to be capable of 
meetingthe planned arrival times in this paragraph. The COTP 
withjurisdiction over the area in which the vessel is operating must 
benotified whenever the identified response resources are not capable 
ofmeeting the planned arrival times.
    (f) The owner or operator of a vessel carrying groups I through 
IVpetroleum oil as a primary cargo must identify in the response planand 
ensure the availability of, through contract or other approvedmeans, the 
response resources necessary to respond to discharges up tothe worst 
case discharge volume of the oil cargo to the maximum extentpracticable.
    (1) The location of these resources must be suitable to meet 
theresponse times identified for the applicable geographic area(s) 
ofoperation and response tier.
    (2) The response resources must be appropriate for--
    (i) The capacity of the vessel;
    (ii) Group(s) of petroleum oil carried as cargo; and
    (iii) The geographic area(s) of vessel operation.
    (3) The resources must include sufficient boom, oil recoverydevices, 
and storage capacity to recover the planning volumes.
    (4) The response plan must identify the storage location, 
make,model, and effective daily recovery capacity of each oil 
recoverydevice that is identified for plan credit.
    (5) The guidelines in Appendix B of this part must be used 
forcalculating the quantity of response resources required to respond 
ateach tier to the worst case discharge to the maximum 
extentpracticable.
    (6) When determining response resources necessary to meet 
therequirements of this paragraph (f)(6), a portion of those 
resourcesmust be capable of use in close-to-shore response activities 
inshallow water. The following percentages of the response 
equipmentidentified for the applicable geographic area must be capable 
ofoperating in waters of 6 feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.
    (iii) Nearshore, inland, Great Lakes, and rivers andcanals--20 
percent.

[[Page 439]]

    (7) Response resources identified to meet the requirements 
ofparagraph (f)(6) of this section are exempt from the significant 
waveheight planning requirements of Table 1 of Appendix B of this part.
    (g) Response equipment identified to respond to a worst 
casedischarge must be capable of arriving on scene within the 
timesspecified in this paragraph for the applicable response tier in 
ahigher volume port area, Great Lakes, and in other areas. Responsetimes 
for these tiers from the time of discovery of a dischargeare--

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3
------------------------------------------------------------------------
Higher volume port area         12 hrs......  36 hrs......  60 hrs
 (except tankers in Prince
 William Soundcovered by Sec.
  155.1135).
Great Lakes...................  18 hrs......  42 hrs......  66 hrs
All other rivers & canals,      24 hrs......  48 hrs......  72 hrs
 inland, nearshore, and
 offshoreareas.
Open ocean (plus travel time    24 hrs+.....  48 hrs+.....  72hrs+
 from shore).
------------------------------------------------------------------------

    (h) For the purposes of arranging for response resources 
throughcontract or other approved means, response equipment identified 
forTier 1 plan credit must be capable of being mobilized and enroute 
tothe scene of a discharge within 2 hours of notification. 
Thenotification procedures identified in the plan must provide 
fornotification and authorization for mobilization of identified Tier 
1response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or 
substantialthreat of discharge.
    (i) Response resources identified for Tier 2 and Tier 3 plancredit 
must be capable of arriving on scene within the time listed forthe 
applicable tier.
    (j) The response plan for a vessel carrying group II or 
IIIpersistent petroleum oils as a primary cargo that operates in 
areaswith year-round pre-approval for dispersant use may request a 
creditagainst up to 25% of the on-water oil recovery capability for 
eachworst case discharge tier necessary to meet the requirements of 
thissubpart. To receive this credit, the vessel owner or operator 
shallidentify in the response plan and ensure, through contract or 
otherapproved means, the availability of the dispersants and the 
necessaryresources to apply those agents appropriate for the type of 
oilcarried and to monitor the effectiveness of the dispersants. 
Theextent of the credit will be based on the volumes of 
dispersantavailable to sustain operations at manufacturers' recommended 
dosagerates. Dispersant resources identified for plan credit must be 
capableof being on scene within 12 hours of discovery of a discharge.
    Note: Identification of these resources does not imply thatthey will 
be authorized for use. Actual authorization for use during aspill 
response will be governed by the provisions of the National Oiland 
Hazardous Substances Pollution Contingency Plan (40 CFR part 300)and the 
applicable Area Contingency Plan.
    (k)(1) The owner or operator of a vessel carrying groups I throughIV 
petroleum oil as a primary cargo must identify in the response planand 
ensure the availability of, through contract or other approvedmeans, the 
following resources:
    (i) A salvage company with expertise and equipment.
    (ii) A company with vessel firefighting capability that willrespond 
to casualties in the area(s) in which the vessel will operate.
    (2) Vessel owners or operators must identify intended sources ofthe 
resources required under paragraph (k)(1) of this section capableof 
being deployed to the areas in which the vessel will operate.Provider(s) 
of these services may not be listed in the plan unlessthey have provided 
written consent to be listed in the plan as anavailable resource.
    (3) To meet this requirement in a response plan submitted 
forreapproval on or after February 18, 1998, the identified 
resourcesmust be capable of being deployed to the port nearest to the 
area inwhich the vessel operates within 24 hours of notification.
    (l) The owner or operator of a vessel carrying groups I through 
IVpetroleum oil as a primary cargo must identify in the response planand 
ensure the availability of, through contract or other approvedmeans, 
certain response

[[Page 440]]

resources required bySec. 155.1035(c)(5)(ii) or Sec. 
155.1040(c)(5)(i),as appropriate.
    (1) These resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Emergency lightering equipment, including portable pumps 
andancillary equipment necessary to offload the vessel's largest 
cargotank in 24 hours of continuous operation.
    (2) These resources must be capable of reaching the locations 
inwhich the vessel operates within the stated times 
followingnotification:
    (i) Inland (except tankers in Prince William Sound covered bySec. 
155.1130), nearshore, and Great Lakes waters--12hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating on rivers and canals as defined in 
thissubpart, the requirements of this paragraph (l)(3) may be met 
bylisting resources capable of meeting the response times in 
paragraph(l)(2) of this section. Such resources may not be identified in 
a planunless the response organization has provided written consent to 
belisted in a plan as an available resource.
    (m) The owner or operator of a vessel carrying groups I through 
IVpetroleum oil as a primary cargo must identify in the response planand 
ensure the availability of, through contract or other approvedmeans, 
response resources necessary to perform shoreline protectionoperations.
    (1) The response resources must include the quantities of boomlisted 
in table 2 of appendix B of this part, based on the areas inwhich the 
vessel operates.
    (2) Vessels that intend to offload their cargo at the 
LouisianaOffshore Oil Port (LOOP) marine terminal are not required to 
complywith the requirements of this paragraph when they are within 
theoffshore area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within theLOOP 
Shipping Safety Fairway, as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of 
cargotransfer operations or anchored in the designated anchorage 
areaawaiting discharge.
    (n) The owner or operator of a vessel carrying groups I through 
IVpetroleum oil as a primary cargo must identify in the response planand 
ensure the availability of, through contract or other approvedmeans, an 
oil spill removal organization capable of effecting ashoreline cleanup 
operation commensurate with the quantity ofemulsified petroleum oil to 
be planned for in shoreline cleanupoperations.
    (1) The shoreline cleanup resources required must be determined 
asdescribed in appendix B of this part.
    (2) Vessels that intend to offload their cargo at the 
LouisianaOffshore Oil Port (LOOP) marine terminal are not required to 
complywith the requirements of this paragraph when they are within 
theoffshore area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within theLOOP 
Shipping Safety Fairway as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of 
cargotransfer operations or anchored in the designated anchorage 
areaawaiting discharge.
    (o) Appendix B of this part sets out caps that recognize 
thepractical and technical limits of response capabilities for which 
anindividual vessel owner or operator can contract in advance. Table 6in 
appendix B lists the contracting caps that are applicable, as ofFebruary 
18, 1993, and that are slated to apply on February 18, 1998.The owner or 
operator of a vessel carrying groups I through IVpetroleum oil as a 
primary cargo, whose required daily recoverycapacity exceeds the 
applicable contracting caps in table 6, shallidentify commercial sources 
of additional equipment equal to twice thecap listed for each tier or 
the amount necessary to reach thecalculated planning volume, whichever 
is lower, to the extent thatthis equipment is available. The equipment 
so identified must becapable of arriving on scene no later than the 
applicable tierresponse times contained in Sec. 155.1050(g) or as 
quicklyas the nearest available resource permits. A response plan 
mustidentify the specific sources, locations, and quantities

[[Page 441]]

of thisadditional equipment. No contract is required.
    (p) The Coast Guard will initiate a review of cap increases andother 
requirements contained within this subpart that are scheduled tobe 
phased-in over time. Any changes in the requirements of thissection will 
occur through a public notice and comment process.
    (1) During this review, the Coast Guard will determine if 
thescheduled increase remains practicable, and will also establish 
aspecific cap for 2003. The review will include--
    (i) Increases in skimming efficiencies and design technology;
    (ii) Oil tracking technology;
    (iii) High rate response techniques;
    (iv) Other applicable response technologies; and
    (v) Increases in the availability of private response resources.
    (2) All scheduled future requirements will take effect unless 
theCoast Guard determines that they are not practicable. 
Scheduledchanges will be effective on February 18, 1998 and 2003 unless 
thereview of the additional requirements have not been completed by 
theCoast Guard. If this occurs, the changes will not be effective 
until90 days after publication of a Federal Register notice with 
theresults of the review.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byUSCG-2008-0179, 73 
FR 35015, June 19, 2008]

    Effective Date Note: By USCG-98-3417, 63FR 7071, Feb. 12, 1998, 
Sec. 155.1050, paragraph (k)(3), wassuspended from Feb. 12, 1998 until 
Feb. 12, 2001. At 66 FR 3878, Jan.17, 2001, paragraph (k)(3) was 
suspended from Feb. 12, 2001 until Feb.12, 2004. At 69 FR 3237, Jan. 23, 
2004, paragraph (k)(3) was suspendedfrom Feb. 12, 2004 until Feb. 12, 
2007. At 72 FR 6170, Feb. 9, 2007,effective Feb. 12, 2007, paragraph 
(k)(3) was suspended until Feb. 12,2009.



Sec. 155.1052  Response plan development and evaluation criteria for vesselscarrying group V petroleum oil as a primary cargo.

    (a) Owners and operators of vessels that carry group V petroleumoil 
as a primary cargo must provide information in their plan 
thatidentifies--
    (1) Procedures and strategies for responding to discharges up to 
aworst case discharge of group V petroleum oils to the maximum 
extentpracticable; and
    (2) Sources of the equipment and supplies necessary to 
locate,recover, and mitigate such a discharge.
    (b) Using the criteria in Table 1 of Appendix B of this part, 
anowner or operator of a vessel carrying group V petroleum oil as 
aprimary cargo must ensure that any equipment identified in a 
responseplan is capable of operating in the conditions expected in 
thegeographic area(s) in which the vessel operates. When evaluating 
theoperability of equipment, the vessel owner or operator must 
considerlimitations that are identified in the Area Contingency Plans 
for theCOTP zones in which the vessel operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying group V petroleumoil 
as a primary cargo must identify in the response plan and ensure,through 
contract or other approved means, the availability of requiredequipment, 
including--
    (1) Sonar, sampling equipment, or other methods for locating theoil 
on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or othermethods 
for containing oil that may remain floating on the surface orto reduce 
spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover oilfrom 
the bottom and shoreline; and
    (4) Other appropriate equipment necessary to respond to adischarge 
involving the type of oil carried.
    (d) Response resources identified in a response plan underparagraph 
(c) of this section must be capable of being deployed within24 hours of 
discovery of a discharge to the port nearest the areawhere the vessel is 
operating. An oil spill removal organization maynot be listed in the 
plan unless the oil spill removal organizationhas provided written 
consent to be listed in the plan as an availableresource.
    (e) The owner or operator of a vessel carrying group V petroleumoil 
as a

[[Page 442]]

primary cargo shall identify in the response plan andensure the 
availability of the following resources through contract orother 
approved means--
    (1) A salvage company with appropriate expertise and equipment;and
    (2) A company with vessel firefighting capability that willrespond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources ofthe 
resources required under paragraph (e) of this section capable ofbeing 
deployed to the areas in which the vessel will operate. Acompany may not 
be listed in the plan unless the company has providedwritten consent to 
be listed in the plan as an available resource. Tomeet this requirement 
in a response plan submitted for approval orreapproval on or after 
February 18, 1998, the vessel owner or operatormust identify both the 
intended sources of this capability anddemonstrate that the resources 
are capable of being deployed to theport nearest to the area where the 
vessel operates within 24 hours ofdiscovery of a discharge.
    (g) The owner or operator of a vessel carrying group V petroleumoil 
as a primary cargo shall identify in the response plan and ensurethe 
availability of certain resources required bySec. Sec. 
155.1035(c)(5)(ii) and 155.1040(c)(5)(i), asapplicable, through contract 
or other approved means.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offloadthe 
vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in whichthe 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in 
thissubpart, the requirements of this paragraph (g)(3) may be met 
bylisting resources capable of being deployed in an area within 
theresponse times in paragraph (g)(2) of this section. A vessel owner 
oroperator may not identify such resources in a plan unless the 
responseorganization has provided written consent to be identified in a 
planas an available resource.

    Effective Date Note: By USCG-98-3417, 63FR 7071, Feb. 12, 1998, 
Sec. 155.1052, the last sentence inparagraph (f) was suspended from 
Feb. 12, 1998 until Feb. 12, 2001. At66 FR 3878, Jan. 17, 2001, the last 
sentence in paragraph (f) wassuspended from Feb. 12, 2001 until Feb. 12, 
2004. At 69 FR 3237, Jan.23, 2004, the last sentence in paragraph (f) 
was suspended from Feb.12, 2004 until Feb. 12, 2007. At 72 FR 6170, Feb. 
9, 2007, effectiveFeb. 12, 2007, the last sentence in paragraph (f) was 
suspended untilFeb. 12, 2009.



Sec. 155.1055  Training.

    (a) A response plan submitted to meet the requirements ofSec. 
155.1035 must identify the training to be provided topersons having 
responsibilities under the plan, including members ofthe vessel crew, 
the qualified individual, and the spill managementteam. A response plan 
submitted to meet the requirements ofSec. 155.1040 must identify the 
training to be provided tothe spill management team, the qualified 
individual, and otherpersonnel in Sec. 155.1040 with specific 
responsibilitiesunder the plan including tankermen and members of the 
towing vesselcrew. The training program must differentiate between that 
trainingprovided to vessel personnel and that training provided to 
shore-basedpersonnel. Appendix C of this part provides additional 
guidanceregarding training.
    (b) A vessel owner or operator shall ensure the maintenance 
ofrecords sufficient to document this training and make them 
availablefor inspection upon request by the Coast Guard. Records must 
bemaintained for 3 years following completion of training. The 
responseplan must identify the location of training records, which 
mustbe--
    (1) On board the vessel;
    (2) With the qualified individual; or
    (3) At a U.S. location of the spill management team.
    (c) A vessel owner or operator may identify equivalent 
workexperience

[[Page 443]]

which fulfills specific training requirements.
    (d) The vessel owner or operator shall ensure that any oil 
spillremoval organization identified in a response plan to meet 
therequirements of this part maintains records sufficient to 
documenttraining for the organization's personnel. These records must 
beavailable for inspection upon request by the Coast Guard. Records 
mustbe maintained for 3 years following completion of training.
    (e) Nothing in this section relieves the vessel owner or 
operatorfrom the responsibility to ensure that all private shore-
basedresponse personnel are trained to meet the Occupational Safety 
andHealth Administration (OSHA) standards for emergency 
responseoperations in 29 CFR 1910.120.
    (f) A training plan may be prepared in accordance with 
TrainingElements for Oil Spill Response to satisfy the requirements of 
thissection.



Sec. 155.1060  Exercises.

    (a) A vessel owner or operator required bySec. Sec. 155.1035 and 
155.1040 to have a response planshall conduct exercise as necessary to 
ensure that the plan willfunction in an emergency. Both announced and 
unannounced exercisesmust be included. The following are the minimum 
exercise requirementsfor vessels covered by this subpart:
    (1) Qualified individual notification exercises, which must 
beconducted quarterly;
    (2) Emergency procedures exercises, which must be 
conductedquarterly;
    (3) Shore-based spill management team tabletop exercises, whichmust 
be conducted annually. In a triennial period, at least one ofthese 
exercises must include a worst case discharge scenario;
    (4) Oil spill removal organization equipment deployment 
exercises,which must be conducted annually; and
    (5) An exercise of the entire response plan, which must beconducted 
every 3 years. The vessel owner or operator shall design theexercise 
program so that all components of the response plan areexercised at 
least once every 3 years. All of the components do nothave to be 
exercised at one time; they may be exercised over the 3-year period 
through the required exercises or through an areaexercise.
    (b) Annually, at least one of the exercises listed inSec. 
155.1060(a) (2) and (4) must be unannounced. Anunannounced exercise is 
one in which the personnel participating inthe exercise have not been 
advised in advance of the exact date, time,and scenario of the exercise.
    (c) A vessel owner or operator shall participate in 
unannouncedexercises, as directed by the Coast Guard COTP. The 
objectives of theunannounced exercises will be to evaluate notifications 
and equipmentdeployment for responses to average most probable discharge 
spillscenarios outlined in vessel response plans. The unannounced 
exerciseswill be limited to four per area per year, an area being 
thatgeographic area for which a separate and distinct Area 
ContingencyPlan has been prepared, as described in the Oil Pollution Act 
of 1990.After participating in an unannounced exercise directed by a 
COTP, theowner or operator will not be required to participate in 
anotherunannounced exercise for at least 3 years from the date of 
theexercise.
    (d) A vessel owner or operator shall participate in area exercisesas 
directed by the applicable on-scene coordinator. The area exerciseswill 
involve equipment deployment to respond to the spill scenariodeveloped 
by the exercise design team, of which the vessel owner oroperator will 
be a member. After participating in an area exercise, avessel owner or 
operator will not be required to participate inanother area exercise for 
at least 6 years.
    (e) The vessel owner or operator shall ensure that adequateexercise 
records are maintained. The following records are required:
    (1) On board the vessel, records of the qualified 
individualnotification exercises and the emergency procedures exercises. 
Theseexercises may be documented in the ship's log or may be kept in 
aseparate exercise log.
    (2) At the United States' location of either the 
qualifiedindividual, spill management team, the vessel owner or 
operator, orthe oil spill removal organization, records of exercises 
conducted offthe vessel. Response plans

[[Page 444]]

must indicate the location of theserecords.
    (f) Records described in paragraph (e) of this section must 
bemaintained and available to the Coast Guard for 3 years 
followingcompletion of the exercises.
    (g) The response plan submitted to meet the requirements of 
thissubpart must specify the planned exercise program. The plan 
shalldetail the exercise program, including the types of 
exercises,frequencies, scopes, objectives, and the scheme for exercising 
theentire response plan every 3 years.
    (h) Compliance with the National Preparedness for ResponseExercise 
Program (PREP) Guidelines will satisfy the vessel responseplan exercise 
requirements. These guidelines are available from theTASC DEPT 
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax:301-386-5394, 
stock number USCG-X0241). Compliance withan alternative program that 
meets the requirements of paragraph (a) ofthis section and has been 
approved under Sec. 155.1065 willalso satisfy the vessel response plan 
exercise requirements.

    Note to paragraph (h): The PREP guidelines are availableonline at 
``http://www.uscg.mil/hq/g-m/nmc/response/msprep.pdf''.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by68 FR 37741, June 
25, 2003; USCG-2008-0179, 73 FR 35015,June 19, 2008]



Sec. 155.1062  Inspection and maintenance of response resources.

    (a) The owner or operator of a vessel required to submit aresponse 
plan under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other majorequipment 
listed or referenced in the plan are periodically inspectedand 
maintained in good operating condition, in accordance withmanufacturer's 
recommendations and best commercial practices; and
    (2) All inspections and maintenance are documented and that 
theserecords are maintained for 3 years.
    (b) For equipment which must be inspected and maintained underthis 
section the Coast Guard may--
    (1) Verify that the equipment inventories exist as represented;
    (2) Verify the existence of records required under this section;
    (3) Verify that the records of inspection and maintenance reflectthe 
actual condition of any equipment listed or referenced; and
    (4) Inspect and require operational tests of equipment.
    (c) This section does not apply to containment booms, 
skimmers,vessels, and other major equipment listed or referenced in the 
planand ensured available through the written consent of an oil 
spillremoval organization, as described in the definition of``contract 
or other approved means'' atSec. 155.1020.



Sec. 155.1065  Procedures for plan submission, approval, requests for acceptanceof alternative planning criteria, and appeal.

    (a) An owner or operator of a vessel to which this subpart 
appliesshall submit one complete English language copy of a vessel 
responseplan to Commandant (CG-5431), Coast Guard, 2100 Second Street 
SW.,Washington, DC 20593-0001 or [email protected]. The plan mustbe submitted 
at least 60 days before the vessel intends to handle,store, transport, 
transfer, or lighter oil in areas subject to thejurisdiction of the 
United States.
    (b) The owner or operator shall include a statement certifyingthat 
the plan meets the applicable requirements of subparts D, E, F,and G of 
this part and shall include a statement indicating whetherthe vessel(s) 
covered by the plan are manned vessels carrying oil as aprimary cargo, 
unmanned vessels carrying oil as a primary cargo, orvessels carrying oil 
as a secondary cargo.
    (c) If the Coast Guard determines that the plan meets 
allrequirements of this subpart, the Coast Guard will notify the 
vesselowner or operator with an approval letter. The plan will be valid 
fora period of up to 5 years from the date of approval.
    (d) If the Coast Guard reviews the plan and determines that itdoes 
not meet all of the requirements, the Coast Guard will notify thevessel 
owner or operator of the response plan's deficiencies. Thevessel owner 
or operator must then resubmit the revised plan,

[[Page 445]]

orcorrected portions of the plan, within the time period specified inthe 
written notice provided by the Coast Guard.
    (e) For those vessels temporarily authorized underSec. 155.1025 to 
operate without an approved plan pendingformal Coast Guard approval, the 
deficiency provisions ofSec. 155.1070(c), (d), and (e) will also apply.
    (f) When the owner or operator of a vessel believes that 
nationalplanning criteria contained elsewhere in this part are 
inappropriateto the vessel for the areas in which it is intended to 
operate, theowner or operator may request acceptance of alternative 
planningcriteria by the Coast Guard. Submission of a request must be 
made 90days before the vessel intends to operate under the 
proposedalternative and must be forwarded to the COTP for the 
geographicarea(s) affected.
    (g) An owner or operator of a United States flag vessel may meetthe 
response plan requirements of Regulation 37 of MARPOL 73/78 andsubparts 
D, E, F, and G of this part by stating in writing, accordingto the 
provisions of Sec. 155.1030(j), that the plansubmitted is intended to 
address the requirements of both Regulation37 of MARPOL 73/78 and the 
requirements of subparts D, E, F, and G ofthis part.
    (h) Within 21 days of notification that a plan is not approved,the 
vessel owner or operator may appeal that determination to thePrevention 
Policy Directorate for Marine Safety, Security, andStewardship (CG-54). 
This appeal must be submitted in writing toCommandant (CG-54), Coast 
Guard, 2100 Second Street SW., Washington,DC 20593-0001.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996; CGD 97-023, 62FR 33364, June 19, 1997; USCG-2002-
12471, 67 FR 41333,June 18, 2002; USCG-2008-0179, 73 FR 35015, June 
19,2008]



Sec. 155.1070  Procedures for plan review, revision, amendment, and appeal.

    (a) A vessel response plan must be reviewed annually by the owneror 
operator.
    (1) This review must occur within 1 month of the anniversary dateof 
Coast Guard approval of the plan.
    (2) The owner or operator shall submit any plan amendments to 
theCoast Guard for information or approval. Revisions to a plan 
mustinclude a cover page that provides a summary of the changes being 
madeand the pages being affected. Revised pages must further include 
thenumber of the revision and date of that revision.
    (3) Any required changes must be entered in the plan and noted onthe 
record of changes page. The completion of the annual review mustalso be 
noted on the record of changes page.
    (b) The owner or operator of a vessel covered by subparts D, E, 
F,and G of this part shall resubmit the entire plan to the Coast 
Guardfor approval--
    (1) Six months before the end of the Coast Guard approval 
periodidentified in Sec. 155.1065(c); and
    (2) Whenever there is a change in the owner or operator of 
thevessel, if that owner or operator provided the certifying 
statementrequired by Sec. 155.1065(b). If this change occurs, a 
newstatement certifying that the plan continues to meet the 
applicablerequirements of subparts D, E, F, and G of this part must 
besubmitted.
    (c) Revisions or amendments to an approved response plan must 
besubmitted for approval by the vessel's owner or operator wheneverthere 
is--
    (1) A change in the owner or operator of the vessel, if that owneror 
operator is not the one who provided the certifying statementrequired by 
Sec. 155.1065(b);
    (2) A change in the vessel's operating area that includes ports 
orgeographic area(s) not covered by the previously approved plan. 
Avessel may operate in an area not covered in a previously approvedplan 
upon receipt of written acknowledgment by the Coast Guard that anew 
geographic-specific appendix has been submitted for approval bythe 
vessel's owner or operator and the certification required inSec. 
155.1025(c) has been provided;
    (3) A significant change in the vessel's configuration thataffects 
the information included in the response plan;
    (4) A change in the type of oil cargo carried aboard (oil group)that 
affects the required response resources, except as authorized bythe COTP 
for purposes

[[Page 446]]

of assisting in an oil spill responseactivity;
    (5) A change in the identification of the oil spill 
removalorganization(s) or other response related resource required 
bySec. Sec. 155.1050, 155.1052, 155.1230, or 155.2230, asappropriate, 
except an oil spill removal organization required bySec. 155.1050(d) 
which may be changed on a case by casebasis for an oil spill removal 
organization previously classified bythe Coast Guard which has been 
ensured available by contract or otherapproved means;
    (6) A significant change in the vessel's emergency 
responseprocedures;
    (7) A change in the qualified individual;
    (8) The addition of a vessel to the plan. This change must 
includethe vessel-specific appendix required by this subpart and the 
owner oroperator's certification required in Sec. 155.1025(c); or
    (9) Any other significant changes that affect the implementationof 
the plan.
    (d) Thirty days in advance of operation, the owner or operatorshall 
submit any revision or amendments identified in paragraph (c) ofthis 
section. The certification required in Sec. 155.1065(b)must be 
submitted along with the revisions or amendments.
    (e) The Coast Guard may require a vessel owner or operator torevise 
a response plan at any time if it is determined that theresponse plan 
does not meet the requirements of this subpart. TheCoast Guard will 
notify the vessel owner or operator in writing of anydeficiencies and 
any operating restrictions. Deficiencies must becorrected and submitted 
for acceptance within the time periodspecified in the written notice 
provided by the Coast Guard or theplan will be declared invalid and any 
further storage, transfer,handling, transporting or lightering of oil in 
areas subject to thejurisdiction of the United States will be in 
violation of section311(j)(5)(E) of the Federal Water Pollution Control 
Act (FWPCA) (33U.S.C. 1321(j)(5)(E)).
    (f) A vessel owner or operator who disagrees with a 
deficiencydetermination may submit a petition for reconsideration to 
PreventionPolicy Directorate for Marine Safety, Security, and 
Stewardship(CG-54), Coast Guard Headquarters, 2100 Second Street, 
SW.,Washington, DC 20593-0001 or [email protected] within the timeperiod 
required for compliance or within 7 days from the date ofreceipt of the 
Coast Guard notice of a deficiency determination,whichever is less. 
After considering all relevant material presented,the Coast Guard will 
notify the vessel owner or operator of the finaldecision.
    (1) Unless the vessel owner or operator petitions forreconsideration 
of the Coast Guard's decision, the vessel's owner oroperator must 
correct the response plan deficiencies within the periodspecified in the 
Coast Guard's initial determination.
    (2) If the vessel owner or operator petitions the Coast Guard 
forreconsideration, the effective date of the Coast Guard notice 
ofdeficiency determination may be delayed pending a decision by theCoast 
Guard. Petitions to the Coast Guard must be submitted inwriting, via the 
Coast Guard official who issued the requirement toamend the response 
plan, within 5 days of receipt of the notice.
    (g) Except as required in paragraph (c) of this section,amendments 
to personnel and telephone number lists included in theresponse plan do 
not require prior Coast Guard approval.
    (h) The Coast Guard and all other holders of the response planshall 
be advised of any revisions to personnel and telephone numbersand 
provided a copy of these revisions as they occur.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996; CGD 97-023, 62FR 33364, June 19, 1997; USCG-2002-
12471, 67 FR 41333,June 18, 2002; USCG-2008-0179, 73 FR 35015, June 
19,2008]



Subpart E_Additional Response Plan Requirements for TankersLoading Cargo 
at a Facility Permitted Under the Trans-Alaska PipelineAuthorization Act

    Source: CGD 91-034, 61 FR 1097, Jan. 12, 1996,unless otherwise 
noted.



Sec. 155.1110  Purpose and applicability.

    (a) This subpart establishes oil spill response planningrequirements 
for an

[[Page 447]]

owner or operator of a tanker loading cargoat a facility permitted under 
the Trans-Alaska Pipeline AuthorizationAct (TAPAA) (43 U.S.C. 1651 et 
seq.) in Prince William Sound,Alaska, in addition to the requirements of 
subpart D of this part. Therequirements of this subpart are intended for 
use in developingresponse plans and identifying response resources 
during the planningprocess, they are not performance standards.
    (b) The information required in this subpart must be included in 
aPrince William Sound geographic-specific appendix to the vesselresponse 
plan required by subpart D of this part.



Sec. 155.1115  Definitions.

    Except as provided in this section, the definitions inSec. 155.1020 
apply to this subpart.
    Prince William Sound means all State and Federal waterswithin Prince 
William Sound, Alaska, including the approach toHinchinbrook Entrance 
out to and encompassing Seal Rock.



Sec. 155.1120  Operating restrictions and interim operating authorization.

    The owner or operator of a tanker to which this subpart appliesmay 
not load cargo at a facility permitted under the Trans-AlaskaPipeline 
Authorization Act unless the requirements of this subpart andSec. 
155.1025 have been met. The owner or operator of such atanker shall 
certify to the Coast Guard that they have provided,through an oil spill 
removal organization required bySec. 155.1125, the necessary response 
resources to remove,to the maximum extent practicable, a worst case 
discharge or adischarge of 200,000 barrels of oil, whichever is greater, 
in PrinceWilliam Sound, AK.



Sec. 155.1125  Additional response plan requirements.

    (a) The owner or operator of a tanker subject to this subpartshall 
include the requirements of this section in the Prince WilliamSound 
geographic-specific appendix required by subpart D of this part.
    (1) The response plan must include identification of an oil 
spillremoval organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, 
includingtraining in the operation of prepositioned equipment, for 
personnel,including local residents and fishermen, from the following 
locationsin Prince William Sound--
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;
    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, 
EstherIsland, Cannery Creek, and Solomon Gulch.
    (iii) Consist of sufficient numbers of trained personnel with 
thenecessary technical skills to remove, to the maximum 
extentpracticable, a worst case discharge or a discharge of 200,000 
barrelsof oil, whichever is greater;
    (iv) Provide a plan for training sufficient numbers of 
additionalpersonnel to remove, to the maximum extent practicable, a 
worst casedischarge or a discharge of 200,000 barrels of oil, whichever 
isgreater; and
    (v) Address the responsibilities required inSec. 155.1035(d)(4).
    (2) The response plan must include exercise procedures thatmust--
    (i) Provide two exercises of the oil spill removal organizationeach 
year to ensure prepositioned equipment and trained personnelrequired 
under this subpart perform effectively;
    (ii) Provide for both announced and unannounced exercises; and
    (iii) Provide for exercises that test either the entire appendixor 
individual components.
    (3) The response plan must identify a testing, inspection, 
andcertification program for the prepositioned response 
equipmentrequired in Sec. 155.1130 that must provide for--
    (i) Annual testing and equipment inspection in accordance with 
themanufacturer's recommended procedures, to include--
    (A) Start-up and running under load of all electrical motors,pumps, 
power packs, air compressors, internal combustion engines, andoil 
recovery devices; and
    (B) Removal of no less than one-third of required boom fromstorage 
annually, such that all boom will have been

[[Page 448]]

removed andexamined within a period of 3 years;
    (ii) Records of equipment tests and inspection; and
    (iii) Use of an independent entity to certify that the equipmentis 
on-site and in good operating condition and that required tests 
andinspections have been performed. The independent entity must 
haveappropriate training and expertise to provide this certification.
    (4) The response plan must identify and give the location of 
theprepositioned response equipment required in Sec. 155.1130including 
the make, model, and effective daily recovery rate of eachoil recovery 
resource.
    (b) The owner or operator shall submit to the COTP for approval,no 
later than September 30th of each calendar year, a schedule for 
thetraining and exercises required by the geographic-specific 
appendixfor Prince William Sound for the following calendar year.
    (c) All records required by this section must be available 
forinspection by the Coast Guard and must be maintained for a period of 
3years.



Sec. 155.1130  Requirements for prepositioned response equipment.

    The owner or operator of a tanker subject to this subpart 
shallprovide the following prepositioned response equipment, located 
withinPrince William Sound, in addition to that required bySec. 
155.1035:
    (a) On-water recovery equipment with a minimum effective 
dailyrecovery capacity of 30,000 barrels, capable of being on scene 
within6 hours of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels, capable of beingon 
scene within 6 hours of notification of a discharge.
    (c) Additional on-water recovery equipment with a minimumeffective 
daily recovery capacity of 40,000 barrels capable of beingon scene 
within 18 hours of notification of a discharge.
    (d) On-water storage capacity of 300,000 barrels for recoveredoily 
material, capable of being on scene within 24 hours ofnotification of a 
discharge.
    (e) On-water oil recovery devices and storage equipment located 
incommunities and at strategic locations.
    (f) For sufficient protection of the environment in the 
locationsidentified in Sec. 155.1125(a)(1)(ii)--
    (1) Boom appropriate for the specific locations;
    (2) Sufficient boats to deploy boom and sorbents;
    (3) Sorbents including booms, sweeps, pads, blankets, drums 
andplastic bags;
    (4) Personnel protective clothing and equipment;
    (5) Survival equipment;
    (6) First aid supplies;
    (7) Buckets, shovels, and various other tools;
    (8) Decontamination equipment;
    (9) Shoreline cleanup equipment;
    (10) Mooring equipment;
    (11) Anchored buoys at appropriate locations to facilitate 
thepositioning of defensive boom; and
    (12) Other appropriate removal equipment for the protection of 
theenvironment as identified by the COTP.
    (g) For each oil-laden tanker, an escorting response vessel whichis 
fitted with skimming and on board storage capabilities practicablefor 
the initial oil recovery planned for a cleanup operation, asidentified 
by the oil spill removal organization.
    (h) Lightering resources required in Sec. 155.1050(l)capable of 
arriving on scene within 6 hours of notification of adischarge.



Sec. 155.1135  Response plan development and evaluation criteria.

    For tankers subject to this subpart, the following response 
timesmust be used in determining the on-scene arrival time in 
PrinceWilliam Sound, for the response resources required bySec. 
155.1050:

------------------------------------------------------------------------
                                   Tier 1         Tier2        Tier 3
------------------------------------------------------------------------
Prince William Sound..........  12 hrs......  24 hrs......  36 hrs
------------------------------------------------------------------------



Sec. 155.1145  Submission and approval procedures.

    An appendix prepared under this subpart must be submitted 
andapproved in accordance with Sec. 155.1065.



Sec. 155.1150  Plan revision and amendment procedures.

    An appendix prepared and submitted under this subpart must berevised 
and

[[Page 449]]

amended, as necessary, in accordance withSec. 155.1070.



Subpart F_Response plan requirements for vessels carryinganimal fats and 
                    vegetable oils as a primary cargo

    Source: CGD 91-034, 61 FR 1098, Jan. 12, 1996,unless otherwise 
noted.



Sec. 155.1210  Purpose and applicability.

    This subpart establishes oil spill response planning requirementsfor 
an owner or operator of a vessel carrying animal fats andvegetable oils 
as a primary cargo. The requirements of this subpartare intended for use 
in developing response plans and identifyingresponse resources during 
the planning process. They are notperformance standards.



Sec. 155.1225  Response plan submission requirements.

    An owner or operator of a vessel carrying animal fats andvegetable 
oils as a primary cargo shall submit a response plan inaccordance with 
the requirements of this subpart, and with allsections of subpart D of 
this part, exceptSec. Sec. 155.1050 and 155.1052.



Sec. 155.1230  Response plan development and evaluation criteria.

    (a) Owners and operators of vessels that carry animal fats 
orvegetable oils as a primary cargo must provide information in 
theirplan that identifies--
    (1) Procedures and strategies for responding to a worst 
casedischarge of animal fats or vegetable oils to the maximum 
extentpracticable; and
    (2) Sources of the equipment and supplies necessary to 
contain,recover, and mitigate such a discharge.
    (b) An owner or operator of a vessel carrying animal fats 
orvegetable oils as a primary cargo must ensure that any 
equipmentidentified in a response plan is capable of operating in 
theconditions expected in the geographic area(s) in which the 
vesseloperates using the criteria in Table 1 of Appendix B of this 
part.When evaluating the operability of equipment, the vessel owner 
oroperator must consider limitations that are identified in the 
AreaContingency Plans for the COTP zones in which the vessel 
operates,including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying animal fats 
orvegetable oils as a primary cargo must identify in the response 
planand ensure, through contract or other approved means, the 
availabilityof required equipment including--
    (1) Containment boom, sorbent boom, or other methods forcontaining 
oil floating on the surface or to protect shorelines fromimpact;
    (2) Oil recovery devices appropriate for the type of animal fatsor 
vegetable oils carried; and
    (3) Other appropriate equipment necessary to respond to adischarge 
involving the type of animal fats or vegetable oils carried.
    (d) Response resources identified in a response plan underparagraph 
(c) of this section must be capable of arriving on-scenewithin the 
applicable Tier 1 response times specified in thisparagraph. An oil 
spill removal organization may not be listed in theplan unless the 
organization has provided written consent to be listedin the plan as an 
available resource. Response times from the time ofdiscovery of a 
discharge are as follows:

------------------------------------------------------------------------
                                   Tier 1         Tier2        Tier 3
------------------------------------------------------------------------
Higher volume port area.......  12 hrs......  N/A.........  N/A
Great Lakes...................  18 hrs......  N/A.........  N/A
All other rivers and canals,    24 hrs......  N/A.........  N/A
 inland, nearshore, and
 offshoreareaas.
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A
 from shore).
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying animal fats 
orvegetable oils as a primary cargo must identify in the response 
planand ensure the availability of the following resources 
throughcontract or other approved means:
    (1) A salvage company with appropriate expertise and equipment.

[[Page 450]]

    (2) A company with vessel firefighting capability that willrespond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources ofthe 
resources required under paragraph (e) of this section capable ofbeing 
deployed to the areas in which the vessel will operate. Acompany may not 
be listed in the plan unless the company has providedwritten consent to 
be listed in the plan as an available resource. Tomeet this requirement 
in a response plan submitted for approval orreapproval on or after 
February 18, 1998, the vessel owner or operatormust identify both the 
intended sources of this capability anddemonstrate that the resources 
are capable of being deployed to theport nearest to the area where the 
vessel operates within 24 hours ofdiscovery of a discharge.
    (g) The owner or operator of a vessel carrying animal fats 
orvegetable oils as a primary cargo must identify in the response 
plan,and ensure the availability of, through contract or other 
approvedmeans, certain resources required by subpart D,Sec. 
155.1035(c)(5)(ii) and Sec. 155.1040(c)(5)(i), as applicable.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offloadthe 
vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in whichthe 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in 
thissubpart, the requirements of this paragraph (g)(3) may be met 
bylisting resources capable of being deployed in an area within 
theresponse times in paragraph (g)(2) of this section. A vessel owner 
oroperator may not identify such resources in a plan unless the 
responseorganization has provided written consent to be identified in a 
planas an available resource.
    (h) The response plan for a vessel that is located in anyenvironment 
with year-round preapproval for use of dispersantssuitable for animal 
fats and vegetable oils and that handles, stores,or transports animal 
fats or vegetable oils may request a credit forup to 25 percent of the 
worst case planning volume set forth bysubpart D of this part. To 
receive this credit, the vessel owner oroperator must identify in the 
plan and ensure, by contract or otherapproved means, the availability of 
specified resources to apply thedispersants and to monitor their 
effectiveness. To extent of thecredit will be based on the volumes of 
the dispersant available tosustain operations at the manufacturers' 
recommended dosage rates.Other spill mitigation techniques, including 
mechanical dispersal, maybe identified in the response plan, provided 
they are in accordancewith the NCP and the applicable ACP. Resources 
identified for plancredit should be capable of being on scene within 12 
hours of adiscovery of a discharge. Identification of these resources 
does notimply that they will be authorized for use. Actual authorization 
foruse during the spill response will be governed by the provisions 
ofthe NCP and the applicable ACP.



   Subpart G_Response Plan Requirements for Vessels CarryingOther Non-
                    Petroleum Oils as a Primary Cargo

    Source: CGD 91-034, 61 FR 1099, Jan. 12, 1996,unless otherwise 
noted.



Sec. 155.2210  Purpose and applicability.

    This subpart establishes oil spill response planning requirementsfor 
an owner or operator of a vessel carrying other non-petroleum oilsas a 
primary cargo. The requirements of this subpart are intended foruse in 
developing response plans and identifying response resourcesduring the 
planning process. They are not performance standards.

[[Page 451]]



Sec. 155.2225  Response plan submission requirements.

    An owner or operator of a vessel carrying other non-petroleum oilsas 
a primary cargo shall submit a response plan in accordance with 
therequirements of this subpart, and with all sections of subpart D 
ofthis part, except Sec. Sec. 155.1050 and 155.1052.



Sec. 155.2230  Response plan development and evaluation criteria.

    (a) Owners and operators of vessels that carry other non-
petroleumoil as a primary cargo must provide information in their plan 
thatidentifies--
    (1) Procedures and strategies for responding to a worst 
casedischarge of other non-petroleum oils to the maximum 
extentpracticable; and
    (2) Sources of the equipment and supplies necessary to 
contain,recover, and mitigate such a discharge.
    (b) An owner or operator of a vessel carrying other non-petroleumoil 
as a primary cargo must ensure that any equipment identified in 
aresponse plan is capable of operating in the conditions expected inthe 
geographic area(s) in which the vessel operates using the criteriain 
Table 1 of Appendix B of this part. When evaluating the operabilityof 
equipment, the vessel owner or operator must consider limitationsthat 
are identified in the Area Contingency Plans for the COTP zonesin which 
the vessel operates, including--
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    (c) The owner or operator of a vessel carrying other non-
petroleumoil as a primary cargo must identify in the response plan and 
ensure,through contract or other approved means, the availability of 
requiredequipment including--
    (1) Containment boom, sorbent boom, or other methods forcontaining 
oil floating on the surface or to protect shorelines fromimpact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oil carried; and
    (3) Other appropriate equipment necessary to respond to adischarge 
involving the type of other non-petroleum oil carried.
    (d) Response resources identified in a response plan underparagraph 
(c) of this section must be capable of arriving on-scenewithin the 
applicable Tier 1 response times specified in thisparagraph. An oil 
spill removal organization may not be listed in theplan unless the 
organization has provided written consent to be listedin the plan as an 
available resource. Response times from the time ofdiscovery of a 
discharge are as follow:

------------------------------------------------------------------------
                                   Tier 1         Tier2        Tier 3
------------------------------------------------------------------------
Higher volume port area.......  12 hrs......  N/A.........  N/A
Great Lakes...................  18 hrs......  N/A.........  N/A
All other rivers and canals,    24 hrs......  N/A.........  N/A
 inland, nearshore, and
 offshoreareas.
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A
 from shore).
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying other non-
petroleumoil as a primary cargo must identify in the response plan and 
ensurethe availability of the following resources through contract or 
otherapproved means:
    (1) A salvage company with appropriate expertise and equipment.
    (2) A company with vessel firefighting capability that willrespond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources ofthe 
resources required under paragraph (e) of this section capable ofbeing 
deployed to the areas in which the vessel will operate. Acompany may not 
be listed in the plan unless the company has providedwritten consent to 
be listed in the plan as an available resource. Tomeet this requirement 
in a response plan submitted for approval orreapproval on or after 
February 18, 1998, the vessel owner or operatormust identify both the 
intended sources of this capability anddemonstrate that the resources 
are capable of being deployed to theport nearest to the area where the 
vessel operates within 24 hours ofdiscovery of a discharge.
    (g) The owner or operator of a vessel carrying other non-
petroleumoil as a

[[Page 452]]

primary cargo must identify in the response plan, andensure the 
availability of, through contract or other approved means,certain 
resources required by subpart D of this part,Sec. 155.1035(c)(5)(ii) 
and Sec. 155.1040(c)(5)(i)of this part, as applicable.
    (1) Resources must include--
    (i) Fendering equipment;
    (ii) Transfer hoses and connection equipment; and
    (iii) Portable pumps and ancillary equipment necessary to offloadthe 
vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in whichthe 
vessel operates within the stated times following notification:
    (i) Inland, nearshore, and Great Lakes waters--12 hours.
    (ii) Offshore waters and rivers and canals--18 hours.
    (iii) Open ocean waters--36 hours.
    (3) For barges operating in rivers and canals as defined in 
thissubpart, the requirements of this paragraph (g)(3) may be met 
bylisting resources capable of being deployed in an area within 
theresponse times in paragraph (g)(2) of this section. A vessel owner 
oroperator may not identify such resources in a plan unless the 
responseorganization has provided written consent to be identified in a 
planas an available resource.
    (h) The response plan for a vessel that is located in anyenvironment 
with year-round preapproval for use of dispersants andthat handles, 
stores, or transports other non-petroleum oils mayrequest a credit for 
up to 25 percent of the worst case planningvolume set forth by subpart D 
of this part. To receive this credit,the vessel owner or operator must 
identify in the plan and ensure, bycontract or other approved means, the 
availability of specifiedresources to apply the dispersants and to 
monitor their effectiveness.The extent of the credit will be based on 
the volumes of thedispersant available to sustain operations at the 
manufacturers'recommended dosage rates. Identification of these 
resources does notimply that they will be authorized for use. Actual 
authorization foruse during a spill response will be governed by the 
provisions of theNCP and the applicable ACP.



     Sec. Appendix A to Part155--Specifications for Shore Connection

          [See Sec. Sec.  340, 350,370 and 380 of this Part]
------------------------------------------------------------------------
              Item                    Description          Dimension
------------------------------------------------------------------------
1...............................  Outside diameter..  215 mm. (8 in.).
2...............................  Inside diameter...  According to pipe
                                                       outside diameter.
3...............................  Bolt circle         183 mm. (7 \3/16\
                                   diameter.           in.).
4...............................  Slots in flange...  6 holes 22 mm. (\7/
                                                       8\ in.) in
                                                       diameter shallbe
                                                       equidistantly
                                                       placed on a bolt
                                                       circle of the
                                                       above
                                                       diameter,slotted
                                                       to the flange
                                                       periphery. The
                                                       slot width is to
                                                       be 22 mm. (\7/
                                                       8\in.).
5...............................  Flange thickness..  20 mm. (\3/4\
                                                       in.).
6...............................  Bolts and nuts....  6, each of 20 mm.
                                                       (\3/4\ in.) in
                                                       diameter andof
                                                       suitable length.
------------------------------------------------------------------------
The flange must be of steel having a flat face, with a gasket ofoilproof
  material, and must be suitable for a service pressure of 6kg./cm.2 (85
  p.s.i.).
The steel materials used must meet the material specifications
  ofstandard B16.5, Steel Pipe Flanges and Flanged Fittings of
  theAmerican National Standards Institute. (See Sec.  154.106 ofthis
  chapter.)


[CGD 75-124, 45 FR 7176, Jan. 31, 1980]



Sec. Appendix B to Part 155--Determiningand Evaluating Required Response 
                   Resources for Vessel Response Plans

                               1. Purpose

    1.1 The purpose of this appendix is to describe theprocedures for 
identifying response resources to meet the requirementsof subparts D, E, 
F, and G of this part. These guidelines will be usedby the vessel owner 
or operator in preparing the response plan and bythe Coast Guard to 
review vessel response plans. Response planssubmitted under subparts F 
and G of this part will be evaluated underthe guidelines in section 2 
and Table 1 of this appendix.

                 2. Equipment Operability and Readiness

    2.1 All equipment identified in a response plan must becapable of 
operating in the conditions expected in the geographic areain which a 
vessel operates. These conditions vary widely based on thelocation and 
season. Therefore, it is difficult to identify a singlestockpile of 
response equipment that will function effectively inevery geographic 
location.

[[Page 453]]

    2.2 Vessels storing, handling, or transporting oil inmore than one 
operating environment as indicated in Table 1 mustidentify equipment 
capable of successfully functioning in eachoperating environment. For 
example, vessels moving from the ocean to ariver port must identify 
appropriate equipment designed to meet thecriteria for transiting 
oceans, inland waterways, rivers, and canals.This equipment may be 
designed to operate in all of these environmentsor, more likely, 
different equipment may be designed for use in eacharea.
    2.3 When identifying equipment for response plan credit, avessel 
owner or operator must consider the inherent limitations in 
theoperability of equipment components and response systems. The 
criteriain Table 1 of this appendix must be used for evaluating 
theoperability in a given environment. These criteria reflect the 
generalconditions in certain operating areas.
    2.4 Table 1 of this appendix lists criteria for oil recoverydevices 
and boom. All other equipment necessary to sustain or supportresponse 
operations in a geographic area must be designed to functionin the same 
conditions. For example, boats which deploy or supportskimmers or boom 
must be capable of being safely operated in thesignificant wave heights 
listed for the applicable operatingenvironment. The Coast Guard may 
require documentation that the boomidentified in a response plan meets 
the criteria in Table 1 of thisappendix. Absent acceptable 
documentation, the Coast Guard may requirethat the boom be tested to 
demonstrate that it meets the criteria inTable 1 of this appendix. 
Testing must be in accordance with certainAmerican Society for Testing 
Materials (ASTM) standards [ASTM F 715(incorporated by reference, see 
Sec. 155.140) StandardMethods of Testing Spill Control Barrier Membrane 
Materials], or othertests approved by the Coast Guard.
    2.5 A vessel owner or operator must refer to the applicableArea 
Contingency Plan to determine if ice, debris, and weather-
relatedvisibility are significant factors in evaluating the operability 
ofequipment. The Area Contingency Plan will also identify the 
averagetemperature ranges expected in a geographic area in which a 
vesseloperates. All equipment identified in a response plan must be 
designedto operate within those conditions or ranges.
    2.6 The requirements of subparts D, E, F, and G of this 
partestablish response resource mobilization and response times. 
Thelocation that the vessel operates farthest from the storage 
locationof the response resources must be used to determine whether 
theresources are capable of arriving on scene within the time required. 
Avessel owner or operator shall include the time for 
notification,mobilization, and travel time of resources identified to 
meet themaximum most probable discharge and Tier 1 worst case 
dischargerequirements. For subparts D and E of this part, tier 2 and 
3resources must be notified and mobilized as necessary to meet 
therequirements for arrival on scene. An on-water speed of 5 knots and 
aland speed of 35 miles per hour is assumed, unless the vessel owner 
oroperator can demonstrate otherwise.
    2.7 For subparts D and E of this part, in identifyingequipment, the 
vessel owner or operator shall list the storagelocation, quantity, and 
manufacturer's make and model, unless the oilspill removal 
organization(s) providing the necessary responseresources have been 
evaluated by the Coast Guard, and their capabilityhas been determined to 
equal or exceed the response capability neededby the vessel. For oil 
recovery devices, the effective daily recoverycapacity, as determined 
using section 6 of this appendix, must beincluded. For boom, the overall 
boom height (draft plus freeboard)must be included. A vessel owner or 
operator is responsible forensuring that identified boom has compatible 
connectors.
    2.8 For subparts F and G of this part, in identifyingequipment, the 
vessel owner or operator shall list the storagelocation, quantity, and 
manufacturer's make and model, unless the oilspill removal 
organization(s) providing the necessary responseresources have been 
evaluated by the Coast Guard, and their capabilityhas been determined to 
equal or exceed the response capability neededby the vessel. For boom, 
the overall boom height (draft plusfreeboard) must be included. A vessel 
owner of operator is responsiblefor ensuring that identified boom has 
compatible connectors.

3. Determining Response Resources Required for the Average MostProbable 
                                Discharge

    3.1 A vessel owner or operator shall identify and ensure, bycontract 
or other approved means, that sufficient response resourcesare available 
to respond to the 50-barrel average most probabledischarge at the point 
of an oil transfer involving a vessel thatcarries oil as a primary 
cargo. The equipment must be designed tofunction in the operating 
environment at the point of oil transfer.These resources must include--
    3.1.1 Containment boom in a quantity equal to twice thelength of the 
largest vessel involved in the transfer capable of beingdeployed within 
1 hour of the detection of a spill at the site of oiltransfer 
operations. If the transfer operation is more than 12 milesfrom shore, 
the containment boom must be deployed within 1 hour plusthe travel time 
from the nearest shoreline at a speed of 5 knots.
    3.1.2 Oil recovery devices with an effective daily recoverycapacity 
of 50 barrels or greater available at the transfer sitewithin 2 hours of 
the detection of an oil discharge.

[[Page 454]]

    3.1.3 Oil storage capacity for recovered oily materialindicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum MostProbable 
                                Discharge

    4.1 A vessel owner or operator shall identify and ensure, bycontract 
or other approved means, that sufficient response resourcesare available 
to respond to discharges up to the maximum most probabledischarge volume 
for that vessel. The resources should be capable ofcontaining and 
collecting up to 2,500 barrels of oil. All equipmentidentified must be 
designed to operate in the applicable operatingenvironment specified in 
table 1 of this appendix.
    4.2 To determine the maximum most probable discharge volumeto be 
used for planning, use the lesser of--
    4.2.1 2500 barrels; or
    4.2.2 10 percent of the total oil cargo capacity.
    4.3 Oil recovery devices necessary to meet the applicablemaximum 
most probable discharge volume planning criteria must belocated such 
that they arrive on scene within 12 hours of thediscovery of a discharge 
in higher volume port areas and the GreatLakes, 24 hours in all other 
rivers and canals, inland, nearshore, andoffshore areas, and 24 hours 
plus travel time from shore in all openocean areas.
    4.3.1 Because rapid control, containment, and removal of oilis 
critical to reduce spill impact, the effective daily recoverycapacity 
for oil recovery devices must equal 50% of the planningvolume applicable 
for the vessel as determined in section 4.2 of thisappendix. The 
effective daily recovery capacity for oil recoverydevices identified in 
the plan must be determined using the criteriain section 6 of this 
appendix.
    4.4 In addition to oil recovery capacity, the vessel owneror 
operator must identify in the response plan and ensure theavailability 
of, through contract or other approved means, sufficientboom available 
within the required response times for oil connectionand containment, 
and for protection of shoreline areas. While theregulation does not set 
required quantities of boom for oil collectionand containment, the owner 
or operator of a vessel must still identifyin a response plan and 
ensure, through contract or other approvedmeans, the availability of the 
boom identified in the plan for thispurpose.
    4.5 The plan must indicate the availability of temporarystorage 
capacity to meet the requirements of section 9.2 of thisappendix. If 
available storage capacity is insufficient to meet thisrequirement, the 
effective daily recovery capacity must be downgradedto the limits of the 
available storage capacity.
    4.6 The following is an example of a maximum most probabledischarge 
volume planning calculation for equipment identification ina higher 
volume port area:
    The vessel's cargo capacity is 10,000 barrels, thus the 
planningvolume is 10 percent or 1,000 barrels. The effective daily 
recoverycapacity must be 50 percent of the planning volume, for 500 
barrelsper day. The ability of oil recovery devices to meet this 
capacitywill be calculated using the procedures in section 6 of this 
appendix.Temporary storage capacity available on scene must equal twice 
thedaily recovery capacity as indicated in section 9 of this appendix, 
or1000 barrels per day. This figure would represent the information 
thevessel owner or operator would use to identify and ensure 
theavailability of, through contract or other approved means, 
therequired response resources. The vessel owner would also need 
toidentify how much boom was available for use.

 5. Determining Response Resources Required for the Worst CaseDischarge 
                    to the Maximum Extent Practicable

    5.1 A vessel owner or operator shall identify and ensure, bycontract 
or other approved means, that sufficient response resourcesare available 
to respond to the worst case discharge of oil cargo tothe maximum extent 
practicable. Section 7 of this appendix describesthe method to determine 
the required response resources.
    5.2 Oil spill recovery devices identified to meet theapplicable 
worst case discharge planning volume must be located suchthat they can 
arrive at the scene of a discharge within the timespecified for the 
applicable response tier listed inSec. 155.1050(g).
    5.3 The effective daily recovery capacity for oil recoverydevices 
identified in a response plan must be determined using thecriteria in 
section 6 of this appendix. A vessel owner or operatorshall identify the 
storage locations of all equipment that must beused to fulfill the 
requirements for each tier.
    5.4 A vessel owner or operator shall identify theavailability of 
temporary storage capacity to meet the requirements ofsection 9.2 of 
this appendix. If available storage capacity isinsufficient to meet this 
requirement, then the effective dailyrecovery capacity must be 
downgraded to the limits of the availablestorage capacity.
    5.5 When selecting response resources necessary to meet theresponse 
plan requirements, the vessel owner or operator must ensurethat a 
portion of those resources are capable of being used in close-to-shore 
response activities in shallow water. The followingpercentages of the 
on-water response equipment identified for theapplicable geographic area 
must be capable of operating in waters of 6feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.

[[Page 455]]

    (iii) Nearshore, inland, Great Lakes, and rivers andcanals--20 
percent.
    5.6 In addition to oil spill recovery devices and temporarystorage 
capacity, a vessel owner or operator shall identify in theresponse plan 
and ensure the availability of, through contract orother approved means, 
sufficient boom that can arrive on scene withinthe required response 
times for oil containment and collection. Thespecific quantity of boom 
required for collection and containment willdepend on the specific 
recovery equipment and strategies employed.Table 2 of this appendix 
lists the minimum quantities of additionalboom required for shoreline 
protection that a vessel owner or operatorshall identify in the response 
plan and ensure the availability of,through contract or other approved 
means.
    5.7 A vessel owner or operator shall also identify in theresponse 
plan and ensure, by contract or other approved means, theavailability of 
an oil spill removal organization capable ofresponding to a shoreline 
cleanup operation involving the calculatedvolume of emulsified oil that 
might impact the affected shoreline. Thevolume of oil for which a vessel 
owner or operator should plan shouldbe calculated through the 
application of factors contained in Tables 3and 4 of this appendix. The 
volume calculated from these tables isintended to assist the vessel 
owner or operator in identifying acontractor with sufficient resources. 
This planning volume is not usedexplicitly to determine a required 
amount of equipment and personnel.

6. Determining Effective Daily Recovery Capacity for Oil RecoveryDevices

    6.1 Oil recovery devices identified by a vessel owner oroperator 
must be identified by manufacturer, model, and effectivedaily recovery 
capacity. These capacities must be to meet theapplicable planning 
criteria for the average most probable discharge;maximum most probable 
discharge; and worst case discharge to themaximum extent practicable.
    6.2 For the purposes of determining the effective dailyrecovery 
capacity of oil recovery devices, the following method willbe used. This 
method considers potential limitations due to availabledaylight, 
weather, sea state, and percentage of emulsified oil in therecovered 
material. The Coast Guard may assign a lower efficiencyfactor to 
equipment listed in a response plan if it determines thatsuch a 
reduction is warranted.
    6.2.1 The following formula must be used to calculate theeffective 
daily recovery capacity:

R=Tx24xE

R--Effective daily recovery capacity
T--Throughput rate in barrels per hour (nameplate capacity)
E--20% efficiency factor (or lower factor as determined bythe Coast 
Guard)

    6.2.2 For those devices in which the pump limits thethroughput of 
liquid, throughput rate will be calculated using thepump capacity.
    6.2.3 For belt or mop type devices, the throughput rate willbe 
calculated using data provided by the manufacturer on the nameplaterated 
capacity for the device.
    6.2.4 Vessel owners or operators including in the responseplan oil 
recovery devices whose throughput is not measurable using apump capacity 
or belt or mop capacity may provide information tosupport an alternative 
method of calculation. This information must besubmitted following the 
procedures in section 6.5 of this appendix.
    6.3 As an alternative to section 6.2 of this appendix, avessel owner 
or operator may submit adequate evidence that a differenteffective daily 
recovery capacity should be applied for a specific oilrecovery device. 
Adequate evidence is actual verified performance datain spill conditions 
or test using certain ASTM standards [ASTM F 631(incorporated by 
reference, see Sec. 155.140) StandardMethod for Testing Full Scale 
Advancing Spill Removal Devices], or anequivalent test approved by the 
Coast Guard.
    6.3.1 The following formula must be used to calculate theeffective 
daily recovery capacity under this alternative:

R=DxU

R--Effective daily recovery capacity
D--Average Oil Recovery Rate in barrels per hour (Item13.2.16 in ASTM F 
631; or actual performance data)
U--Hours per day that a vessel owner or operator candocument capability 
to operate equipment under spill conditions. Tenhours per day must be 
used unless a vessel owner or operator candemonstrate that the recovery 
operation can be sustained for longerperiods.

    6.4 A vessel owner or operator submitting a response planshall 
provide data that supports the effective daily recoverycapacities for 
the oil recovery devices listed. The following is anexample of these 
calculations:
    A weir skimmer identified in a response plan has a 
manufacturer'srated throughput at the pump of 267 gallons per minute 
(gpm).

267 gpm=381 barrels per hour
R=381x24x.2=1,829 barrels per day

    After testing using ASTM procedures, the skimmer's oil recoveryrate 
is determined to be 220 gpm. The vessel owner or operatoridentifies 
sufficient resources available to support operations 12hours per day.

220 gpm=314 barrels per hour
R=314x12=3,768 barrels per day

    A vessel owner or operator will be able to use the higher capacityif 
sufficient temporary oil storage capacity is available.

[[Page 456]]

    6.5 Determinations of alternative efficiency factorsunder section 
6.2 or alternative effective daily recovery capacitiesunder section 6.3 
of this appendix will be made by Commandant(CG-5431), Coast Guard 
Headquarters, 2100 Second Street SW.,Washington, DC 20593 or 
[email protected]. Oil spill removalorganizations or equipment manufacturers 
may submit requiredinformation on behalf of multiple vessel owners or 
operators.

        7. Calculating the Worst Case Discharge Planning Volumes

    7.1 A vessel owner or operator shall plan for a response toa 
vessel's worst case discharge volume of oil cargo. The planning foron-
water recovery must take into account a loss of some oil to 
theenvironment due to evaporations and natural dissipation, 
potentialincreases in volume due to emulsification, and the potential 
fordeposit of some oil on the shoreline.
    7.2 The following procedures must be used to calculate theplanning 
volume used by a vessel owner or operator for determiningrequired on-
water recovery capacity:
    7.2.1 The following must be determined: the total volume ofoil cargo 
carried; the appropriate cargo group for the type ofpetroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vesseloperates. For vessels 
carrying mixed cargoes from different petroleumoil groups, each group 
must be calculated separately. This informationis to be used with Table 
3 of this appendix to determine thepercentages of the total cargo volume 
to be used for removal capacityplanning. This table divides the cargo 
volume into three categories:oil lost to the environment; oil deposited 
on the shoreline; and oilavailable for on-water recovery.
    7.2.2 The on-water oil recovery volume must be adjustedusing the 
appropriate emulsification factor found in Table 4 of thisappendix.
    7.2.3 The adjusted volume is multiplied by the on-water oilrecovery 
resource mobilization factor found in Table 5 of thisappendix from the 
appropriate operating area and response tier todetermine the total on-
water oil recovery capacity in barrels per daythat must be identified or 
contracted for to arrive on scene withinthe applicable time for each 
response tier. Three tiers are specified.For higher volume port areas, 
the contracted tiers of resources mustbe located such that they can 
arrive on scene within 12, 36, and 60hours of the discovery of an oil 
discharge. For the Great Lakes, thesetiers are 18, 42, and 66 hours. For 
rivers and canals, inland,nearshore, and offshore, these tiers are 24, 
48, and 72 hours. For theopen ocean area, these tiers are 24, 48, and 72 
hours with anadditional travel time allowance of 1 hour for every 
additional 5nautical miles from shore.
    7.2.4 The resulting on-water recovery capacity in barrelsper day for 
each tier is used to identify response resources necessaryto sustain 
operations in the applicable geographic area. The equipmentmust be 
capable of sustaining operations for the time period specifiedin Table 3 
of this appendix. A vessel owner or operator shall identifyand ensure 
the availability of, through contract or other approvedmeans, sufficient 
oil spill recovery devices to provide the effectivedaily oil recovery 
capacity required. If the required capacity exceedsthe applicable cap 
described in Table 6 of this appendix, then avessel owner or operator 
must contract only for the quantity ofresources required to meet the 
cap, but shall identify sources ofadditional resources as indicated in 
Sec. 155.1050(o). Theowner or operator of a vessel whose planning 
volume exceeded the capin 1993 should plan for additional capacity to be 
under contract by1998 or 2003, as appropriate. For a vessel that carries 
multiplegroups of oil, the required effective daily recovery capacity 
for eachgroup is calculated and summed before applying the cap.
    7.3 The following procedures must be used to calculate theplanning 
volume for identifying shoreline cleanup capacity:
    7.3.1 The following must be determined: the total volume ofoil cargo 
carried; the appropriate cargo group for the type ofpetroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vesseloperates. For a 
vessel carrying cargoes from different oil groups,each group must be 
calculated separately. Using this information,Table 3 of this appendix 
must be used to determine the percentages ofthe total cargo volume to be 
used for shoreline cleanup resourceplanning.
    7.3.2 The shoreline cleanup planning volume must be adjustedto 
reflect an emulsification factor using the same procedure asdescribed in 
section 7.2.2 of this appendix.
    7.3.3 The resulting volume will be used to identify an oilspill 
removal organization with the appropriate shoreline cleanupcapability.
    7.4 The following is an example of the procedure describedabove:
    A vessel with a 100,000 barrel capacity for 6 oil 
(specificgravity .96) will move from a higher volume port area to 
another area.The vessel's route will be 70 miles from shore.

Cargo carried: 100,000 bbls. Group IV oil Emulsification factor(from 
          Table 4 of this appendix): 1.4 Areas transited: 
          Inland,Nearshore, Offshore, Open ocean
Planned % on-water recovery (from Table 3 of this appendix):
    Inland 50%
    Nearshore 50%
    Offshore 40%

[[Page 457]]

    Open ocean 20%
Planned % oil onshore recovery (from Table 3 of this appendix):
    Inland 70%
    Nearshore 70%
    Offshore 30%
    Open ocean 30%

General formula to determine planning volume:
(planning volume)=(capacity)x(% from Table 3 of 
          thisappendix)x(emulsification factor from Table 4 of this 
          appendix)
Planning volumes for on-water recovery:
    Inland 100,000x.5x1.4=70,000 bbls
    Nearshore 100,000x.5x1.4=70,000 bbls
    Offshore 100,000x.4x1.4=56,000 bbls
    Open ocean 100,000x.2x1.4=28,000 bbls
Planning volumes for on shore recovery:
    Inland 100,000x.7x1.4=98,000 bbls
    Nearshore 100,000x.7x1.4=98,000 bbls
    Offshore 100,000x.3x1.4=42,000 bbls
    The vessel owner or operator must contract with a responseresource 
capable of managing a 98,000-barrel shoreline cleanup inthose areas 
where the vessel comes closer than 50 miles to shore.
    Determining required resources for on-water recovery for each 
tierusing mobilization factors: (barrel per day on-water 
recoveryrequirements)=(on-water planning volume as calculated 
above)x(mobilization factor from Table 5 of this appendix).

------------------------------------------------------------------------
                                        Tier 1      Tier 2       Tier 3
------------------------------------------------------------------------
Inland/Nearshore 70,000........   x         .15         .25          .40
Offshore 56,000................   x         .10         .165         .21
Open ocean 28,000..............   x         .06         .10          .12
 
                        equals (barrels per day)
 
Inland/Nearshore...............  ...     10,500   17,500          28,000
Offshore.......................  ...      5,600    9,240          11,760
Open ocean.....................  ...      1,680    2,800           3,360
------------------------------------------------------------------------

    Since the requirements for Tier 1 for inland and nearshore exceedthe 
caps, the vessel owner would only need to contract for 10,000barrels per 
day for Tier 1. No additional equipment would be requiredto be 
identified because the required Tier 3 resources are below theTier 3 
caps.
    10% of the on-water recovery capability for offshore, and 20% ofthe 
capability for inland/nearshore, for all tiers, must be capable 
ofoperating in water with a depth of 6 feet or less.
    The vessel owner or operator would also be required to identify 
orcontract for quantities of boom identified in Table 2 of this 
appendixfor the areas in which the vessel operates.

      8. Determining the Availability of High-Rate Response Methods

    8.1 Response plans for a vessel carrying group II or IIIpersistent 
oil as a primary cargo that operates in an area with year-round pre-
approval for dispersant use may receive credit for up to 25percent of 
their required on-water recovery capacity in that area for1993 if the 
availability of these resources are ensured by contract orother approved 
means. For response plan credit, these resources mustbe capable of being 
on scene within 12 hours of the discovery of adischarge.
    8.2 To receive credit against any required on-water 
recoverycapacity, a response plan must identify the locations of 
dispersantstockpiles, methods of transporting to a shoreside staging 
area, andappropriate aircraft or vessels to apply the dispersant and 
monitorits effectiveness at the scene of an oil discharge.
    8.2.1 Sufficient volumes of dispersants must be available totreat 
the oil at the dosage rate recommended by the dispersantmanufacturer. 
Dispersants identified in a response plan must be on theNational 
Contingency Plan Product Schedule maintained by the U.S.Environmental 
Protection Agency. (Some States have a list of approveddispersants and 
within State waters only they can be used.)
    8.2.2 Dispersant application equipment identified in aresponse plan 
for credit must be located such that it can be mobilizedto shoreside 
staging areas to meet the time requirements in section8.1 of this 
appendix. Sufficient equipment capacity and sources ofappropriate 
dispersants must be identified to sustain dispersantoperations for at 
least 3 days.
    8.2.3 Credit against on-water recovery capacity in pre-approved 
areas will be based on the ability to treat oil at a rateequivalent to 
this credit. For example, a 2,500 barrels per day creditagainst the 
10,000 barrels per day on-water Tier 1 cap would requirethe vessel owner 
or operator to demonstrate the ability to treat 2,500barrels per day of 
oil at the manufacturer's recommended dosage rate.Assuming a dosage rate 
of 10:1, the plan would need to show stockpilesand sources of 750 
barrels of dispersants that would be available onscene at a rate of 250 
barrels per day and the ability to apply thedispersant at the daily rate 
for 3 days in the area in which thevessel operates. Similar data

[[Page 458]]

would need to be provided for anyadditional credit against Tier 2 and 3 
resources.
    8.3 In addition to the equipment and supplies required, avessel 
owner or operator shall identify a source of support to conductthe 
monitoring and post-use effectiveness evaluation required byapplicable 
Local and Area Contingency Plans.
    8.4 Identification of the resources for dispersantapplication does 
not imply that the use of this technique will beauthorized. Actual 
authorization for use during a spill response willbe governed by the 
provisions of the National Oil and HazardousSubstances Contingency Plan 
(40 CFR part 300) and the applicable Localor Area Contingency Plan.
    8.5 In addition to the credit identified above, a vesselowners or 
operators that operates in areas pre-approved for dispersantuse may 
reduce their required on-water recovery cap increases for 1998and 2003 
by up to 50% by identifying non-mechanical methods.
    8.6 The use of in-situ burning as a non-mechanical responsemethod is 
still being studied. Because limitations and uncertaintiesremain for the 
use of this method, it may not be used to reducerequired oil recovery 
capacity in 1993. Use of this or otheralternative high-rate methods for 
a portion of the required capincrease in 1998 will be determined during 
the cap increase review in1996.

    9. Additional Equipment Necessary To Sustain Response Operations

    9.1 A vessel owner or operator is responsible for ensuringthat 
sufficient numbers of trained personnel, boats, aerial spottingaircraft, 
sorbent materials, boom anchoring materials, and otherresources are 
available to sustain response operations to completion.All such 
equipment must be suitable for use with the primary equipmentidentified 
in the response plan. A vessel owner or operator is notrequired to list 
these resources in the response plan, but shallcertify their 
availability.
    9.2 A vessel owner or operator shall evaluate theavailability of 
adequate temporary storage capacity to sustain theeffective daily 
recovery capacities from equipment identified in theplan. Because of the 
inefficiencies of oil spill recovery devices,response plans must 
identify daily storage capacity equivalent totwice the effective daily 
recovery capacity required on scene. Thistemporary storage capacity may 
be reduced if a vessel owner oroperator can demonstrate by waste stream 
analysis that theefficiencies of the oil recovery devices, ability to 
decant water, orthe availability of alternative temporary storage or 
disposallocations in the area(s) the vessel will operate will reduce 
theoverall volume of oily material storage requirements.
    9.3 A vessel owner or operator shall ensure that theirplanning 
includes the capability to arrange for disposal of recoveredoil 
products. Specific disposal procedures will be addressed in 
theapplicable Area Contingency Plan.

              Table 1--Response Resource OperatingCriteria
                         [Oil Recovery Devices]
------------------------------------------------------------------------
                                             Significant Wave
                                                Height \1\
           Operating Environment            ------------------ Sea State
                                                  (feet)
------------------------------------------------------------------------
Rivers & Canals............................               <=1          1
Inland.....................................               <=3          2
Great Lakes................................               <=4        2-3
Ocean......................................               <=6        3-4
------------------------------------------------------------------------


                                                     [Boom]
----------------------------------------------------------------------------------------------------------------
                                                                                 Use
                                                    ------------------------------------------------------------
                   Boom Property                       Rivers &
                                                        Canals        Inland        Great Lakes        Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave \1,2\ Height (feet)...............          <=1             <=3             <=4             <=6
Sea State..........................................            1               2             2-3             3-4
Boomheight--in.....................................         6-18           18-42           18-42  =42
    (draft plus freeboard)
Reserve Buoyancy to Weight Ratio...................          2:1             2:1             2:1      3:1 to 4:1
Total TensileStrength--lbs.........................        4,500       15-20,000       15-20,000  20,
                                                                                                             000
Skirt Fabric Tensile Strength--lbs.................          200             300             300             500
Skirt Fabric Tear Strength--lbs....................          100             100             100             125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom must be at least capable ofoperating in wave heights up to and including the
  values listed inTable 1 for each operating environment.
\2\ Equipment identified as capable of operating in waters of6 feet or less depth are exempt from the
  significant wave heightplanning requirement.


[[Page 459]]


                                    Table 2--Shoreline ProtectionRequirements
----------------------------------------------------------------------------------------------------------------
                                                                       Boom             Availability hours
                                                                 -----------------------------------------------
                                                                    Ensured by
                            Location                                contract or    Higher volume
                                                                   otherapproved     port area      Other areas
                                                                    means (ft.)
----------------------------------------------------------------------------------------------------------------
                                                 Persistent Oils
----------------------------------------------------------------------------------------------------------------
Open Ocean......................................................  ..............  ..............  ..............
Offshore........................................................          15,000              24              48
Nearshore/Inland/Great Lakes....................................          30,000              12              24
Rivers & Canals.................................................          25,000              12              24
----------------------------------------------------------------------------------------------------------------
                                               Non-Persistent Oils
----------------------------------------------------------------------------------------------------------------
Open Ocean......................................................  ..............  ..............  ..............
Offshore........................................................  ..............  ..............  ..............
Nearshore/Inland/Great Lakes....................................          10,000              12              24
Rivers & Canals.................................................          15,000              12              24
----------------------------------------------------------------------------------------------------------------


[[Page 460]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.000


[[Page 461]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.001


      Table 4--EmulsificationFactors for Petroleum Oil Cargo Groups
 
 
------------------------------------------------------------------------
Non-persistent oil 72 G:
    Group I................................................          1.0
Persistent oil:
    Group II...............................................          1.8
    Group III..............................................          2.0

[[Page 462]]

 
    Group IV...............................................          1.4
------------------------------------------------------------------------


                           Table 5--On-Water Oil RecoveryResource Mobilization Factors
----------------------------------------------------------------------------------------------------------------
                                  Area                                       Tier 1       Tier 2        Tier 3
----------------------------------------------------------------------------------------------------------------
Rivers and Canals.......................................................          .30        .40             .60
Inland/Nearshore/Great Lakes............................................          .15        .25             .40
Offshore................................................................          .10        .165            .21
Ocean...................................................................          .06        .10             .12
----------------------------------------------------------------------------------------------------------------
Note: These mobilization factors are for total resources mobilized,not incremental resources.


                               Table 6--Response Capability Capsby Geographic Area
----------------------------------------------------------------------------------------------------------------
                                                Tier 1                   Tier 2                   Tier 3
----------------------------------------------------------------------------------------------------------------
As of February 18, 1993:
All except rivers & canals & Great     10Kbbls/day............  20K bbls/day...........  40K bbls/day.
 Lakes.
Great Lakes..........................  5K bbls/day............  10K bbls/day...........  20K bbls/day.
Rivers & canals......................  1,500 bbls/day.........  3,000 bbls/day.........  6,000bbls/day.
February 18, 1998:
All except rivers & canals & Great     12.5Kbbls/day..........  25K bbls/day...........  50K bbls/day.
 Lakes.
Great Lakes..........................  6.35K bbls/day.........  12.5K bbls/day.........  25K bbls/day.
Rivers & canals......................  1,875 bbls/day.........  3,750 bbls/day.........  7,500bbls/day.
February 18, 2003
All except rivers & canals & Great     TBD....................  TBD....................  TBD
 Lakes.
Great Lakes..........................  TBD....................  TBD....................  TBD
Rivers & canals......................  TBD....................  TBD....................  TBD
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recoverycapacity, not incremental increases.
K = Thousand
bbls = Barrels
TBD = To be determined


[CGD 91-034, 61 FR 1100, Jan. 12, 1996, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996;USCG-1999-5151, 64 FR 67176, Dec. 1, 1999;USCG-
2005-21531, 70 FR 36349, June 23, 2005];USCG-2008-0179, 73 FR 35015, 
June 19, 2008]



  Sec. Appendix C to Part 155--TrainingElements for Oil Spill Response 
                                  Plans

                               1. General

    1.1 The portion of the plan dealing with training is one ofthe key 
elements of a response plan. This concept is clearly expressedby the 
fact that Congress, in writing the Oil Pollution Act of 
1990,specifically included training as one of the sections required in 
avessel or facility response plan. In reviewing submitted responseplans, 
it has been noted that the plans often do not providesufficient 
information in the training section of the plan for eitherthe user or 
the reviewer of the plan. In some cases, plans simplystate that the crew 
and others will be training in their duties andresponsibilities, with no 
other information being provided. In otherplans, information is simply 
given that required parties will receivethe necessary worker safety 
training (HAZWOPER).
    1.2 The training section of the plan need not be a detailedcourse 
syllabus, but it must contain sufficient information to allowthe user 
and reviewer (or evaluator) to have an understanding of thoseareas that 
are believed to be critical. Plans should identify keyskill areas and 
the training that is required to ensure that theindividual identified 
will be capable of performing the dutiesprescribed to them. It should 
also describe how the training will bedelivered to the various 
personnel. Further, this section of the planmust work in harmony with 
those sections of the plan dealing withexercises, the spill management 
team, and the qualified individual.
    1.3 The material in this appendix C is not all-inclusive andis 
provided for guidance only.

                       2. Elements To Be Addressed

    2.1 To assist in the preparation of the training section ofa vessel 
response plan, some of the key elements that should beaddressed are 
indicated in the following sections. Again, while it isnot necessary 
that the comprehensive training program for the companybe included in 
the response plan, it is necessary for the plan toconvey the elements 
that define the program as appropriate.

[[Page 463]]

    2.2 An effective spill response training program shouldconsider and 
address the following:
    2.2.1 Notification requirements and procedures.
    2.2.2 Communication system(s) used for the notifications.
    2.2.3 Procedures to mitigate or prevent any discharge or 
asubstantial threat of a discharge of oil resulting from--
    2.2.3.1 Operational activities associated with internal orexternal 
cargo transfers;
    2.2.3.2 Grounding or stranding;
    2.2.3.3 Collision;
    2.2.3.4 Explosion or fire;
    2.2.3.5 Hull failure;
    2.2.3.6 Excessive list; or
    2.2.3.7 Equipment failure.
    2.2.4 Procedures and arrangements for emergency towing.
    2.2.5 When performing shipboard mitigation measures--
    2.2.5.1 Ship salvage procedures;
    2.2.5.2 Damage stability; and
    2.2.5.3 Hull stress considerations.
    2.2.6 Procedures for transferring responsibility fordirection of 
response activities from vessel and facility personnel tothe spill 
management team.
    2.2.7 Familiarity with the operational capabilities of thecontracted 
oil spill removal organizations and the procedures tonotify and activate 
such organizations.
    2.2.8 Familiarity with the contracting and orderingprocedures to 
acquire oil spill removal organization resources.
    2.2.9 Familiarity with the Area Contingency Plans.
    2.2.10 Familiarity with the organizational structures thatwill be 
used to manage the response actions.
    2.2.11 Responsibilities and duties of the spill managementteam 
members in accordance with designated job responsibilities.
    2.2.12 Responsibilities and authority of the qualifiedindividual as 
described in the vessel response plan and companyresponse organization.
    2.2.13 Responsibilities of designated individuals toinitiate a 
response and supervise shore-based response resources.
    2.2.14 Actions to take, in accordance with designated 
jobresponsibilities, in the event of a transfer system leak, 
tankoverflow, or suspected cargo tank or hull leak.
    2.2.15 Information on the cargoes handled by the vessel orfacility, 
including familiarity with--
    2.2.15.1 Cargo material safety data sheets;
    2.2.15.2 Chemical characteristics of the cargo;
    2.2.15.3 Special handling procedures for the cargo;
    2.2.15.4 Health and safety hazards associated with thecargo; and
    2.2.15.5 Spill and firefighting procedures for the cargo.
    2.2.16 Occupational Safety and Health Administrationrequirements for 
worker health and safety (29 CFR 1910.120).

                        3. Further Considerations

    In drafting the training section of the response plan, somefurther 
considerations are noted below (these points are raised simplyas a 
reminder):
    3.1 The training program should focus on training providedto vessel 
personnel.
    3.2 An organization is comprised of individuals, and atraining 
program should be structured to recognize this fact byensuring that 
training is tailored to the needs of the individualsinvolved in the 
program.
    3.3 An owner or operator may identify equivalent workexperience 
which fulfills specific training requirements.
    3.4 The training program should include participation inperiodic 
announced and unannounced exercises. This participationshould 
approximate the actual roles and responsibilities ofindividuals as 
specified in the response plan.
    3.5 Training should be conducted periodically to reinforcethe 
required knowledge and to ensure an adequate degree ofpreparedness by 
individuals with responsibilities under the vesselresponse plan.
    3.6 Training may be delivered via a number of differentmeans; 
including classroom sessions, group discussions, video tapes,self study 
workbooks, resident training courses, on-the-job training,or other means 
as deemed appropriate to ensure proper instruction.
    3.7 New employees should complete the training program priorto being 
assigned job responsibilities which require participation inemergency 
response situations.

                              4. Conclusion

    The information in this appendix is only intended to assistresponse 
plan preparers in reviewing the content of and in modifyingthe training 
section of their response plans. It may be morecomprehensive than is 
needed for some vessels and not comprehensiveenough for others. The 
Coast Guard expects that plan preparers havedetermined the training 
needs of their organizations created by thedevelopment of the response 
plans and the actions identified asnecessary to increase the 
preparedness of the company and itspersonnel to respond to actual or 
threatened discharges of oil fromtheir vessels.

[CGD 91-034, 61 FR 1107, Jan. 12, 1996]

[[Page 464]]



PART 156_OIL AND HAZARDOUS MATERIALTRANSFER OPERATIONS--Table of Contents




        Subpart A_Oil and Hazardous Material Transfer Operations

Sec.
156.100 Applicability.
156.105 Definitions.
156.107 Alternatives.
156.110 Exemptions.
156.111 Incorporation by reference.
156.112 Suspension order.
156.113 Compliance with suspension order.
156.115 Person in charge: Limitations.
156.118 Advance notice of transfer.
156.120 Requirements for transfer.
156.125 Discharge cleanup.
156.130 Connection.
156.150 Declaration of inspection.
156.160 Supervision by person in charge.
156.170 Equipment tests and inspections.

   Subpart B_Special Requirements for Lightering of Oil andHazardous 
                            Material Cargoes

156.200 Applicability.
156.205 Definitions.
156.210 General.
156.215 Pre-arrival notices.
156.220 Reporting of incidents.
156.225 Designation of lightering zones.
156.230 Factors considered in designating lightering zones.

 Subpart C_Lightering Zones and Operational Requirements forthe Gulf of 
                                 Mexico

156.300 Designated lightering zones.
156.310 Prohibited areas.
156.320 Maximum operating conditions.
156.330 Operations.

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a,3715; E.O. 
11735, 3 CFR 1971-1975 Comp., p. 793. Section156.120(bb) and (ee) are 
also issued under 46 U.S.C. 3703.



        Subpart A_Oil and Hazardous Material Transfer Operations



Sec. 156.100  Applicability.

    This subpart applies to the transfer of oil or hazardous materialon 
the navigable waters or contiguous zone of the United States to,from, or 
within each vessel with a capacity of 250 barrels or more;except that, 
this subpart does not apply to transfer operations withina public 
vessel.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 156.105  Definitions.

    Except as specifically stated in a section, the definitions inSec. 
154.105 of this chapter apply to this subpart.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]



Sec. 156.107  Alternatives.

    (a) The COTP may consider and approve alternative 
procedures,methods, or equipment standards to be used by a vessel or 
facilityoperator in lieu of any requirements in this part if:
    (1) Compliance with the requirement is economically or 
physicallyimpractical;
    (2) The vessel or facility operator submits a written request forthe 
alternative at least 30 days before operations under thealternative are 
proposed, unless the COTP authorizes a shorter time;and
    (3) The alternative provides an equivalent level of safety 
andprotection from pollution by oil or hazardous material, which 
isdocumented in the request.
    (b) The COTP takes final approval or disapproval action on 
anyalternative requested, in writing, within 30 days of receipt of 
therequest.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.110  Exemptions.

    (a) The Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection, acting for the Commandant, may grant 
anexemption or partial exemption from compliance with any requirement 
inthis part, and the District Commander may grant an exemption orpartial 
exemption from compliance with any operating condition orrequirement in 
subpart C of this part, if:
    (1) The vessel or facility operator submits an application 
forexemption via the COTP at least 30 days before operations under 
theexemption are proposed, unless the COTP authorizes a shorter time; 
and
    (2) It is determined, from the application, that:
    (i) Compliance with a specific requirement is economically 
orphysically impractical;

[[Page 465]]

    (ii) No alternative procedures, methods, or equipmentstandards exist 
that would provide an equivalent level of safety andprotection from 
pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being dischargedas 
a result of the exemption is minimal.
    (b) If requested, the applicant must submit any 
appropriateinformation, including an environmental and economic 
assessment of theeffects of and reasons for the exemption and proposed 
procedures,methods or equipment standards.
    (c) The exemption may specify the procedures, methods, orequipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision ofthe 
Assistant Commandant for Marine Safety, Security and 
EnvironmentalProtection is a final agency action.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR36255, Sept. 4, 1990; CGD 93-081, 
60 FR 45017, Aug. 29, 1995;CGD 96-026, 61 FR 33666, June 28, 1996; CGD 
93-056, 61FR 41461, Aug. 8, 1996; CGD0 97-023, 62 FR 33364, June 
19,1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]



Sec. 156.111  Incorporation by reference.

    (a) Certain material is incorporated by reference into this partwith 
the approval of the Director of the Federal Register 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. All approved material isavailable for 
inspection at the U.S. Coast Guard, Office of Compliance(CG-543), 2100 
Second Street, SW, Washington, DC 20593-0001 andat the National Archives 
and Records Administration (NARA). 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. All approved material is available from thesources 
indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in thispart 
and the sections affected are as follows:

            Oil Companies International Marine Forum (OCIMF)

    15th Floor, 96 Victoria Street, London SW1E 5JW, England.
    Ship to Ship Transfer Guide (Petroleum), Second Edition,1988--
156.330.

                    International Chamber of Shipping

    12 Carthusian Street, London EC1M 6EB, England.
    Guide to Helicopter/Ship Operations, Third Edition,1989--156.330.

[CGD 93-081, 60 FR 45017, Aug. 29, 1995, as amended byCGD 96-026, 61 FR 
33666, June 28, 1996; 69 FR 18803, Apr. 9,2004; USCG-2008-0179, 73 FR 
35015, June 19, 2008]



Sec. 156.112  Suspension order.

    The COTP or OCMI may issue a suspension order to suspend 
transferoperations to the vessel or facility operator when the COTP or 
OCMIfinds there is a condition requiring action to prevent the 
dischargeor threat of discharge of oil or hazardous material, or when 
the COTPor OCMI is unable to verify compliance with the regulations 
through aninspection. A suspension order:
    (a) May be effective immediately;
    (b) Is issued in writing unless it is effective immediately andthen 
it may be issued orally and followed up in writing;
    (c) Includes a statement of each condition requiring correctionto--
    (1) Prevent the discharge of oil or hazardous material; or
    (2) Comply with Sec. 154.735 of this chapter; and
    (d) Is withdrawn when the COTP, OCMI, or District Commander, 
asapplicable, determines that the condition requiring action to 
preventthe discharge or threat of discharge of oil or hazardous material 
hasbeen corrected or no longer exists.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.113  Compliance with suspension order.

    (a) No vessel or facility operator to whom a suspension order 
hasbeen

[[Page 466]]

issued may conduct transfer operations from the time theorder is 
effective until that order is withdrawn by the applicableCOTP, OCMI, or 
by the District Commander.
    (b) The vessel or facility operator may request reconsideration 
ofthe suspension order either orally or in writing to the COTP or 
OCMIwho issued it. The request may contain supporting documentation 
andevidence that the vessel or facility operator wishes to 
haveconsidered.
    (c) Any person not satisfied with a ruling made under theprocedure 
contained in paragraph (b) of this section may appeal thatruling in 
writing, except as allowed under paragraph (e) of thissection, to the 
Coast Guard District Commander of the district inwhich the suspension 
order was issued. The appeal may containsupporting documentation and 
evidence that the appellant wishes tohave considered. The appeal does 
not stay the effect of the suspensionorder while the COTP or OCMI ruling 
is being reviewed. The DistrictCommander issues a ruling after reviewing 
the appeal.
    (d) The ruling by the District Commander is final agency action.
    (e) If the delay in presenting a written appeal under paragraph(c) 
of this section would have a significant adverse impact on theappellant, 
the appeal may initially be presented orally. If an initialpresentation 
of the appeal is made orally, the appellant must submitthe appeal in 
writing within five days of the oral presentation to theDistrict 
Commander to whom the oral appeal was made, containing, at aminimum the 
basis for the appeal and a summary of the materialpresented orally.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.115  Person in charge: Limitations.

    (a) No person may serve as the person in charge of 
transferoperations on more than one vessel at a time during transfers 
betweenvessels or between two or more vessels and a facility 
unlessauthorized by the COTP.
    (b) No person may serve as the person in charge of both a vesseland 
a facility during transfer operations unless authorized by theCOTP.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.118  Advance notice of transfer.

    (a) The COTP may require a facility operator to notify the COTP 
ofthe time and place of each transfer operation at least 4 hours 
beforeit begins for facilities that:
    (1) Are mobile;
    (2) Are in a remote location;
    (3) Have a prior history of oil or hazardous material spills; or
    (4) Conduct infrequent transfer operations.
    (b) In the case of a vessel to vessel transfer, the COTP mayrequire 
a vessel operator of a lightering or fueling vessel to notifythe COTP of 
the time and place of each transfer operation, asspecified by the COTP, 
at least 4 hours before it begins.
    (c) No person may conduct such transfer operations until 
advancenotice has been given as specified by the COTP.
    Note: The notification may be accomplished by submitting awritten 
schedule, periodically updated to be current.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.120  Requirements for transfer.

    A transfer is considered to begin when the person in charge on 
thetransferring vessel or facility and the person in charge on 
thereceiving facility or vessel first meet to begin completing 
thedeclaration of inspection, as required by Sec. 156.150 ofthis part. 
No person shall conduct an oil or hazardous materialtransfer operation 
unless:
    (a) The vessel's moorings are strong enough to hold during 
allexpected conditions of surge, current, and weather and are long 
enoughto allow adjustment for changes in draft, drift, and tide during 
thetransfer operation;
    (b) Transfer hoses and loading arms are long enough to allow 
thevessel to move to the limits of its moorings without placing strain 
onthe hose, loading arm, or transfer piping system;

[[Page 467]]

    (c) Each hose is supported to prevent kinking or other damageto the 
hose and strain on its coupling.
    (d) Each part of the transfer system is aligned to allow the flowof 
oil or hazardous material;
    (e) Each part of the transfer system not necessary for thetransfer 
operation is securely blanked or shut off;
    (f) The end of each hose and loading arm that is not connected 
forthe transfer of oil or hazardous material is blanked off using 
theclosure devices required by Sec. Sec. 154.520 and 155.805of this 
chapter;
    (g) The transfer system is attached to a fixed connection on 
thevessel and the facility except that when a vessel is receiving 
fuel,an automatic back pressure shutoff nozzle may be used;
    (h) Each overboard discharge or sea suction valve that isconnected 
to the vessel's transfer or cargo tank system is sealed orlashed in the 
closed position; except when used to receive ordischarge ballast in 
compliance with 33 CFR Part 157;
    (i) Each transfer hose has no unrepaired loose covers, kinks,bulges, 
soft spots, or any other defect which would permit thedischarge of oil 
or hazardous material through the hose material andno gouges, cuts, or 
slashes that penetrate the first layer of hosereinforcement 
(``reinforcement'' means the strengthmembers of the hose, consisting of 
fabric, cord and/or metal);
    (j) Each hose or loading arm in use meetsSec. Sec. 154.500 and 
154.510 of this chapter,respectively;
    (k) Each connection meets Sec. 156.130;
    (l) Any monitoring devices required by Sec. 154.525 ofthis chapter 
are installed and operating properly;
    (m) The discharge containment equipment required bySec. 154.545 of 
this chapter is readily accessible ordeployed as applicable;
    (n) The discharge containment required bySec. Sec. 154.530, 
155.310, and 155.320 of this chapter,as applicable, is in place and 
periodically drained to provide therequired capacity;
    (o) Each drain and scupper is closed by the mechanical meansrequired 
by Sec. 155.310;
    (p) All connections in the transfer system are leak free exceptthat 
a component in the transfer system, such as the packing glands ofa pump, 
may leak at a rate that does not exceed the capacity of thedischarge 
containment provided during the transfer operation;
    (q) The communications required by Sec. Sec. 154.560and 155.785 of 
this chapter are operable for the transfer operation;
    (r) The emergency means of shutdown required bySec. Sec. 154.550 
and 155.780 of this chapter, asapplicable, is in position and operable;
    (s) There is a person in charge on the transferring vessel 
orfacility and the receiving vessel or facility except as 
otherwiseauthorized under Sec. 156.115;
    (t) Each person in charge required by paragraph (s) of thissection:
    (1) Is at the site of the transfer operation and 
immediatelyavailable to the transfer personnel;
    (2) Has in his or her possession a copy of the facility 
operationsmanual or vessel transfer procedures, as appropriate; and
    (3) Conducts the transfer operation in accordance with thefacility 
operations manual or vessel transfer procedures, asappropriate;
    (u) The personnel required, under the facility operations manualand 
the vessel transfer procedures, to conduct the transfer operation:
    (1) Are on duty; and
    (2) Conduct the transfer operation in accordance with the 
facilityoperations manual or vessel transfer procedures, as appropriate;
    (v) At least one person is at the site of the transfer operationwho 
fluently speaks the language or languages spoken by both personsin 
charge;
    (w) The person in charge of the transfer on the transferringvessel 
or facility and the person in charge of it on the receivingvessel or 
facility have held a conference, to ensure that each personin charge 
understands--
    (1) The identity of the product to be transferred;
    (2) The sequence of transfer operations;
    (3) The transfer rate;
    (4) The name or title and location of each person participating 
inthe transfer operation;
    (5) Details of the transferring and receiving systems 
includingprocedures to ensure that the transfer pressure

[[Page 468]]

does not exceedthe maximum allowable working pressure (MAWP) for each 
hose assembly,loading arm and/or transfer pipe system;
    (6) Critical stages of the transfer operation;
    (7) Federal, state, and local rules that apply to the transfer ofoil 
or hazardous material;
    (8) Emergency procedures;
    (9) Discharge containment procedures;
    (10) Discharge reporting procedures;
    (11) Watch or shift arrangement;
    (12) Transfer shutdown procedures; and,
    (13) If the persons use radios, a predetermined frequency 
forcommunications during the transfer, agreed upon by both.
    (x) The person in charge of transfer operations on thetransferring 
vessel or facility and the person in charge of transferoperations on the 
receiving vessel or facility agree to begin thetransfer operation;
    (y) Between sunset and sunrise the lighting required bySec. Sec. 
154.570 and 155.790 of this chapter is provided;and
    (z) For transfer operations between tank barges from sunset 
tosunrise, lighting is provided as described in Sec. 155.790of this 
chapter.
    (aa) A transfer operation which includes collection of vaporemitted 
from a vessel's cargo tanks through a venting system notlocated on the 
vessel must have the following verified by the personin charge:
    (1) Each manual valve in the vapor collection system is 
correctlypositioned to allow the collection of cargo vapor;
    (2) A vapor collection hose or arm is connected to the vessel'svapor 
connection;
    (3) The electrical insulating device required bySec. 154.810(g) of 
this chapter or 46 CFR 39.40-3(c)is fitted between the facility vapor 
connection and the vessel vaporconnection;
    (4) The initial loading rate and the maximum transfer rate 
aredetermined;
    (5) The maximum and minimum operating pressures at the facilityvapor 
connection are determined;
    (6) The tank barge overfill control system, if installed, 
isconnected to the facility, tested, and operating properly;
    (7) The following have been performed not more than 24 hours priorto 
the start of the transfer operation:
    (i) Each alarm and automatic shutdown system required by subpart Eof 
part 154 of this chapter and 46 CFR part 39 has been tested andfound to 
be operating properly, and
    (ii) Analyzers required by Sec. 154.820(a),Sec. 154.824 (d) and 
(e) of this chapter or 46 CFR39.40-3(a) have been checked for 
calibration by use of a spangas;
    (8) Each vapor recovery hose has no unrepaired loose covers,kinks, 
bulges, soft spots, or any other defect which would permit thedischarge 
of vapor through the hose material, and no external gouges,cuts, or 
slashes that penetrate the first layer of hose reinforcement;and
    (9) The oxygen content of the vessel's cargo tanks, if inerted, isat 
or below 8 percent by volume.
    (bb) If the transfer operation involves loading oil, as defined 
inSec. 151.05 of this chapter, into a cargo tank, the overfilldevice 
required by Sec. 155.480 of this chapter is installedand operating 
properly.
    (cc) Smoking is not permitted in the facilities marine transferarea 
except in designated smoking areas.
    (dd) Welding, hot work operations and smoking are prohibited 
onvessels during the transfer of flammable or combustible 
materials,except that smoking may be permitted in accommodation areas 
designatedby the master.
    (ee) Each tank level or pressure monitoring device required under33 
CFR 155.490 must be activated and monitored whenever the tank isnot 
actively being subjected to cargo operations.

(Approved by the Office of Management and Budget under controlnumber 
1625-0039)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55FR 36255, Sept. 4, 1990; CGD 90-
071a, 59 FR 53291, Oct. 21,1994; CGD 93-056, 61 FR 41461, Aug. 8, 1996; 
CGD 79-116,62 FR 25127, May 8, 1997; USCG-2001-9046, 67 FR 58524,Sept. 
17, 2002; USCG-2006-25150, 71 FR 39210, July 12,2006]

[[Page 469]]


    Effective Date Note: ByUSCG-2001-9046, 70 FR 41617, July 20, 2005, 
inSec. 156.120, paragraph (ee) was suspended from Aug. 19,2005 until 
July 21, 2008. At 73 FR 24500, May 5, 2008, it was furthersuspended from 
June 4, 2008 until June 6, 2011.



Sec. 156.125  Discharge cleanup.

    (a) Each person conducting the transfer operation shall stop 
thetransfer operation whenever oil or hazardous material from any 
sourceis discharged:
    (1) In the transfer operation work area; or
    (2) Into the water or upon the adjoining shoreline in the 
transferarea.
    (b) Except as permitted under paragraph (c) of this section, 
noperson may resume the transfer operation after it has been 
stoppedunder paragraph (a) of this section, unless:
    (1) Oil or hazardous material discharged in the transfer 
operationwork area is cleaned up; and
    (2) Oil or hazardous material discharged into the water or uponthe 
adjoining shoreline is cleaned up, or is contained and beingcleaned up.
    (c) The COTP may authorize resuming the transfer operation if itis 
deemed appropriate.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.130  Connection.

    (a) Each person who makes a connection for transfer operationsshall:
    (1) Use suitable material in joints and couplings to ensure aleak-
free seal;
    (2) Use a bolt in at least every other hole, and in no case lessthan 
four bolts, in each temporary bolted connection that uses aflange that 
meets American National Standards Institute (ANSI)standard flange 
requirements under Sec. 154.500(d)(2) ofthis chapter;
    (3) Use a bolt in each hole in each temporary bolted connectionthat 
uses a flange other than one that meets ANSI standards;
    (4) Use a bolt in each hole of each permanently connected flange;
    (5) Use bolts of the correct size in each bolted connection; and
    (6) Tighten each bolt and nut uniformly to distribute the load 
andsufficiently to ensure a leak free seal.
    (b) A person who makes a connection for transfer operations mustnot 
use any bolt that shows signs of strain or is elongated ordeteriorated.
    (c) Except as provided in paragraph (d) of this section, no 
personmay use a connection for transfer operations unless it is:
    (1) A bolted or full threaded connection; or
    (2) A quick-connect coupling acceptable to the Commandant.
    (d) No person may transfer oil or hazardous material to a vesselthat 
has a fill pipe for which containment cannot practically beprovided 
unless an automatic back pressure shutoff nozzle is used.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36256, Sept. 4, 1990]



Sec. 156.150  Declaration of inspection.

    (a) No person may transfer oil or hazardous material to or from 
avessel unless each person in charge, designated underSec. Sec. 154.710 
and 155.700 of this chapter, has filledout and signed the declaration of 
inspection form described inparagraph (c) of this section.
    (b) No person in charge may sign the declaration of inspectionunless 
he or she has determined by inspection, and indicated byinitialling in 
the appropriate space on the declaration of inspectionform, that the 
facility or vessel, as appropriate, meetsSec. 156.120.
    (c) The declaration of inspection may be in any form but mustcontain 
at least:
    (1) The name or other identification of the transferring vessel 
orfacility and the receiving vessel or facility;
    (2) The address of the facility or location of the transferoperation 
if not at a facility;
    (3) The date and time the transfer operation is started;
    (4) A list of the requirements in Sec. 156.120 withspaces on the 
form following each requirement for the person in chargeof the vessel or 
facility to indicate by initialling that therequirement is met for the 
transfer operation; and
    (5) A space for the date, time of signing, signature, and title 
ofeach person in charge during transfer operations on the 
transferringvessel or facility and a

[[Page 470]]

space for the date, time of signing,signature, and title of each person 
in charge during transferoperations on the receiving facility or vessel 
certifying that alltests and inspections have been completed and that 
they are both readyto begin transferring product; and
    (6) The date and time the transfer operation is completed.
    (d) The form for the declaration of inspection may incorporate 
thedeclaration-of-inspection requirements under 46 CFR 35.35-30.
    (e) The vessel and facility persons in charge shall each have 
asigned copy of the declaration of inspection available for inspectionby 
the COTP during the transfer operation.
    (f) The operators of each vessel and facility engaged in thetransfer 
operation shall retain a signed copy of the declaration ofinspection on 
board the vessel or at the facility for at least 1 monthfrom the date of 
signature.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 93-056, 61FR 41461, Aug. 8, 1996]



Sec. 156.160  Supervision by person in charge.

    (a) No person may connect or disconnect a hose, top off a tank, 
orengage in any other critical procedures during the transfer 
operationunless the person in charge, required by Sec. 
156.120(s),supervises that procedure.
    (b) No person may start the flow of oil or hazardous material toor 
from a vessel unless instructed to do so by either person incharge.
    (c) No person may transfer oil or hazardous material to or from 
avessel unless each person in charge is in the immediate vicinity 
andimmediately available to the transfer personnel.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 86-034, 55 FR 
36256, Sept. 4, 1990]



Sec. 156.170  Equipment tests and inspections.

    (a) Except as provided in paragraph (d) of this section, no 
personmay use any equipment listed in paragraph (c) of this section 
fortransfer operations unless the vessel or facility operator, 
asappropriate, tests and inspects the equipment in accordance 
withparagraphs (b), (c) and (f) of this section and the equipment is 
inthe condition specified in paragraph (c) of this section.
    (b) During any test or inspection required by this section, 
theentire external surface of the hose must be accessible.
    (c) For the purpose of paragraph (a) of this section:
    (1) Each nonmetallic transfer hose must:
    (i) Have no unrepaired loose covers, kinks, bulges, soft spots orany 
other defect which would permit the discharge of oil or 
hazardousmaterial through the hose material, and no gouges, cuts or 
slashesthat penetrate the first layer of hose reinforcement as defined 
inSec. 156.120(i).
    (ii) Have no external deterioration and, to the extent 
internalinspection is possible with both ends of the hose open, no 
internaldeterioration;
    (iii) Not burst, bulge, leak, or abnormally distort under 
staticliquid pressure at least 1\1/2\ times the maximum allowable 
workingpressure; and
    (iv) Hoses not meeting the requirements of paragraph (c)(1)(i) 
ofthis section may be acceptable after a static liquid pressure test 
issuccessfully completed in the presence of the COTP. The test medium 
isnot required to be water.
    (2) Each transfer system relief valve must open at or below 
thepressure at which it is set to open;
    (3) Each pressure gauge must show pressure within 10 percent ofthe 
actual pressure;
    (4) Each loading arm and each transfer pipe system, including 
eachmetallic hose, must not leak under static liquid pressure at 
least1\1/2\ times the maximum allowable working pressure; and
    (5) Each item of remote operating or indicating equipment, such asa 
remotely operated valve, tank level alarm, or emergency shutdowndevice, 
must perform its intended function.
    (d) No person may use any hose in underwater service for 
transferoperations unless the operator of the vessel or facility has 
testedand inspected it in accordance with paragraph (c)(1) or (c)(4) of 
thissection, as applicable.
    (e) The test fluid used for the testing required by this sectionis 
limited to

[[Page 471]]

liquids that are compatible with the hose tube asrecommended by the hose 
manufacturer.
    (f) The frequency of the tests and inspections required by 
thissection must be:
    (1) For facilities, annually or not less than 30 days prior to 
thefirst transfer conducted past one year from the date of the last 
testsand inspections;
    (2) For a facility in caretaker status, not less than 30 daysprior 
to the first transfer after the facility is removed fromcaretaker 
status; and
    (3) For vessels, annually or as part of the biennial and mid-period 
inspections.
    (g) If a facility or vessel collects vapor emitted from a 
vesselcargo tank with a vapor control system, the system must not be 
usedunless the following tests and inspections are 
satisfactorilycompleted:
    (1) Each vapor hose, vapor collection arm, pressure or vacuumrelief 
valve, and pressure sensor is tested and inspected inaccordance with 
paragraphs (b), (c), and (f) of this section;
    (2) Each remote operating or indicating device is tested forproper 
operation in accordance with paragraph (f) of this section;
    (3) Each detonation arrester required by Sec. 154.820,Sec. 
154.826(a), and Sec. 154.828(a) of thischapter or 46 CFR 39.40-3(d), 
and each flame arrester requiredby Sec. 154.826(a), Sec. 154.828 (a) 
and (c) ofthis chapter has been inspected internally within the last 
year, orsooner if operational experience has shown that frequent 
clogging orrapid deterioration is likely; and
    (4) Each hydrocarbon and oxygen analyzer required bySec. 154.820(a) 
and Sec. 154.824 (d) and (e) ofthis chapter or 46 CFR 39.40-3(a) is 
calibrated:
    (i) Within the previous two weeks, or
    (ii) Within 24 hours prior to operation when the vapor controlsystem 
is operated less frequently than once a week.
    (h) Upon the request of the owner or operator, the COTP mayapprove 
alternative methods of compliance to the testing requirementsof 
paragraph (c) of this section if the COTP determines that thealternative 
methods provide an equal level of protection.

(Approved by the Office of Management and Budget under controlnumber 
1625-0095)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended byCGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55FR 36256, Sept. 4, 1990; CGD 93-056, 
61 FR 41461, Aug. 8, 1996;USCG-2006-25150, 71 FR 39210, July 12, 2006]



   Subpart B_Special Requirements for Lightering of Oil andHazardous 
                            Material Cargoes

    Source: CGD 78-180, 49 FR 11172, Mar. 26, 1984,unless otherwise 
noted.



Sec. 156.200  Applicability.

    This subpart applies to each vessel to be lightered and eachservice 
vessel engaged in a lightering operation in the marineenvironment beyond 
the baseline from which the territorial sea ismeasured when the oil or 
hazardous material lightered is destined fora port or place subject to 
the jurisdiction of the U.S. This subpartdoes not apply to lightering 
operations involving public vessels, orto the dedicated response vessels 
and vessels of opportunity inaccordance with the National Contingency 
Plan (40 CFR parts 9 and 300)when conducting response activities. These 
rules are in addition tothe rules of subpart A of this part, as well as 
the rules in theapplicable sections of parts 151, 153, 155, 156, and 157 
of thischapter.

[CGD 93-081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.205  Definitions.

    (a) In addition to the terms defined in this section, thedefinitions 
in Sec. 154.105 of this chapter apply to thissubpart and to subpart C.
    (b) As used in this subpart and subpart C:
    Lightering or Lightering operation means the transferof a cargo of 
oil or a hazardous material in bulk from one vessel toanother, including 
all phases of the operation from the beginning ofthe mooring operation 
to the departure of the service vessel from thevessel to be lightered, 
except when that cargo is intended only foruse as fuel or lubricant 
aboard the receiving vessel.
    Marine environment means--

[[Page 472]]

    (1) The navigable waters of the United States;
    (2) The waters of an area over which the United States 
assertsexclusive fishery management authority; and
    (3) The waters superadjacent to the Outer Continental Shelf of 
theUnited States.
    Service vessel means the vessel which receives a cargo ofoil or a 
hazardous material from another vessel in a lighteringoperation.
    Vessel to be lightered means the vessel which transports acargo of 
oil or a hazardous material to a place within the marineenvironment for 
transfer of that cargo to another vessel for furthertransport to a port 
or place subject to the jurisdiction of the UnitedStates. The term 
``vessel to be lightered'' does notinclude drilling rigs, or offshore 
supply vessels transferring cargointended for use as fuel or lubricant 
aboard the receiving vessel.
    Work includes any administrative duties associated with thevessel 
whether performed on board the vessel or onshore.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended byCGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 90-052, 58FR 48436, Sept. 15, 1993; CGD 93-
081, 60 FR 45017, Aug. 29,1995]



Sec. 156.210  General.

    (a) No vessel may transfer oil or hazardous materials in a port 
orplace subject to the jurisdiction of the United States, if the 
cargohas been lightered from another vessel, unless:
    (1) The regulations in this subpart have been complied with;
    (2) Both the vessel to be lightered and service vessel have, 
onboard, at the time of transfer, a valid Certificate of 
Inspection,Certificate of Compliance, or a Tank Vessel Examination 
Letter, aswould have been required under 46 U.S.C. 3710 or 3711, had 
thetransfer taken place in a port or place subject to the jurisdiction 
ofthe United States;
    (3) The delivering and receiving vessels have on board at the timeof 
transfer, evidence that each vessel is operating in compliance 
withsection 311(j) of the Federal Water Pollution Control Act (33 
U.S.C.1321(j)) and applicable regulations issued under the authority 
ofsection 311(j) in the form of a Declaration of Inspection as 
requiredby Sec. 156.150 and a vessel response plan if required 
underpart 155 of this chapter; and

    Note: Under 46 U.S.C. 3715, the delivering and receivingvessels must 
have on board at the time of transfer, a Certificate ofFinancial 
Responsibility that would be required if the transfer hadtaken place in 
a location subject to the jurisdiction of the U.S.Regulations concerning 
Certificates of Financial Responsibility forvessels using the navigable 
waters of the U.S. are in part 130 of thischapter.

    (4) The vessel to be lightered has on board, at the time oftransfer, 
an International Oil Pollution Prevention (IOPP) Certificateor 
equivalent documentation of compliance with Annex I of theInternational 
Convention for the Prevention of Pollution from Ships,1973, as modified 
by the Protocol of 1978 relating thereto (MARPOL73/78), as would be 
required by Part 151 of this chapter for vesselsin navigable waters of 
the United States. The IOPP Certificate ordocumentation of compliance 
shall be that prescribed bySec. Sec. 151.19 and 151.21 of this chapter, 
and shall beeffective under the same timetable as specified inSec. 
151.19.
    (b) Lightering operations involving hazardous materials, otherthan 
oil, may be conducted only with the specific approval of theCommandant. 
A request to lighter hazardous materials, other than oil,must be 
submitted to Commandant (G-M) prior to the planned beginningof 
lightering operations. The request must include the informationdescribed 
in Sec. 156.215(a) to the extent known, for theinitial transfer, and 
the estimated frequency of subsequent lighteringoperations. After the 
entry into force of Annex II to MARPOL 73/78,vessels lightering 
hazardous materials shall carry an InternationalPollution Prevention 
Certificate for the Carriage of Noxious LiquidSubstances in Bulk (1973), 
if required by Annex II to MARPOL 73/78, orequivalent documentation of 
compliance with the annex.
    (c) In an emergency, the COTP, upon request, may authorize 
adeviation from any rule in this part if the COTP determines that 
itsapplication will endanger persons, property, or the environment.

[[Page 473]]

    (d) On vessels conducting lightering operations in adesignated 
lightering zone, a licensed individual or seaman may notwork, except in 
an emergency or a drill, more than 15 hours in any 24-hour period, or 
more than 36 hours in any 72-hour period, includingthe 24-hour and 72-
hour periods prior to commencing lighteringoperations.

[CGD 78-180, 49 FR 11172, Mar. 29, 1984, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 90-052, 58 FR48436, Sept. 15, 1993; CGD 93-081, 
60 FR 45017, Aug. 29, 1995;USCG-2002-12471, 67 FR 41333, June 18, 2002]



Sec. 156.215  Pre-arrival notices.

    (a) The master, owner or agent of each vessel to be lightered 
mustgive at least 24 hours advance notice to the Captain of the 
Portnearest the lightering location or zone, prior to arrival in 
thelightering location or zone. This advance notice must include:
    (1) The vessel's name, call sign or official number, and registry:
    (2) The cargo type (if oil) or shipping name (if hazardousmaterial) 
and approximate amount on board;
    (3) The number of transfers expected and the amount of cargoexpected 
to be transferred during each transfer;
    (4) The lightering location or zone to be used;
    (5) The estimated time of arrival in the lightering location orzone;
    (6) The estimated duration of transfer operations; and
    (7) The name and destination of service vessel(s).
    (b) In the event the estimated time of arrival in the 
lighteringlocation or zone changes by more than six hours, the Master, 
owner oragent of each vessel to be lightered must advise the Captain of 
thePort of this change as soon as possible.
    (c) Where lightering is conducted as a result of 
collision,grounding, tank rupture or any similar emergency, immediate 
noticemust be given to the Captain of the Port.
    (d) In addition to the other requirements in this section, 
themaster, owner, or agent of a vessel that requires a Tank 
VesselExamination (TVE) or other special Coast Guard inspection in order 
tolighter in a designated lightering zone must request the TVE or 
otherinspection from the cognizant Captain of the Port at least 72 
hoursprior to commencement of lightering operations.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended byCGD 90-052, 58 FR 
48437, Sept. 15, 1993; CGD 93-081, 60FR 45017, Aug. 29, 1995]



Sec. 156.220  Reporting of incidents.

    (a) An immediate report must be made to the nearest Captain of 
thePort, by the service vessel, if fire, explosion, collision, 
groundingor any similar emergency, which poses a threat to the 
vesselsinvolved, occurs during lightering.
    (b) Any discharge of oil or hazardous material into the watershall 
be reported, by the service vessel, in accordance with theprocedures 
specified in Sec. 151.15 of this chapter.



Sec. 156.225  Designation of lightering zones.

    The District Commander is delegated the authority to 
designatelightering zones and their operating requirements, where they 
arenecessary for safety or environmental protection. When a 
lighteringzone has been designated, lightering operations in a given 
geographicarea may only be conducted within the designated lightering 
zone.



Sec. 156.230  Factors considered in designating lightering zones.

    The following factors are considered in designating a 
lighteringzone:
    (a) The findings of the environmental analysis or, if prepared,the 
Environmental Impact Statement;
    (b) The proximity of the zone to:
    (1) Shipping lanes;
    (2) Vessel traffic schemes or vessel separation systems;
    (3) Anchorages;
    (4) Fixed structures;
    (5) Designated marine sanctuaries;
    (6) Commercial and recreational fishing areas;
    (7) Environmentally sensitive areas; and
    (8) Designated units of the National Park System, National Wildand 
Scenic Rivers System, National Wilderness Preservation System,properties 
included on the National Register of Historic Places andNational 
Registry of

[[Page 474]]

Natural Landmarks, and National WildlifeRefuge System.
    (c) The traditional use of areas for lightering operations;
    (d) The normal weather and sea conditions in the areas, and 
theireffect on lightering operations, and the fate of possible 
cargodischarges;
    (e) The depth of water and underwater obstructions that mayadversely 
impact anchorages and clearance of vessels;
    (f) Other relevant safety, environmental, or economic data.



 Subpart C_Lightering Zones and Operational Requirements forthe Gulf of 
                                 Mexico

    Source: CGD 93-081, 60 FR 45017, Aug. 29, 1995,unless otherwise 
noted.



Sec. 156.300  Designated lightering zones.

    The following lightering zones are designated in the Gulf ofMexico 
and are more than 60 miles from the baseline from which theterritorial 
sea is measured:
    (a) Southtex--lightering zone. This lightering zoneand the 
geographic area for this zone are coterminous and consist ofthe waters 
bounded by a line connecting the following points beginningat:

Latitude N.                          Longitude W.
27[deg]40[min]00[sec],               93[deg]00[min]00[sec], thence to
27[deg]40[min]00[sec],               94[deg]35[min]00[sec], thence to
28[deg]06[min]30[sec],               94[deg]35[min]00[sec], thence to
27[deg]21[min]00[sec],               96[deg]00[min]00[sec], thence to
26[deg]30[min]00[sec],               96[deg]00[min]00[sec], thence to
26[deg]30[min]00[sec],               93[deg]00[min]00[sec], and thence
                                      tothe point of beginning.
 


(NAD 83)
    (b) Gulfmex No. 2--lightering zone. This lighteringzone and the 
geographic area for this zone are coterminous and consistof the waters 
bounded by a line connecting the following pointsbeginning at:

Latitude N.                          Longitude W.
27[deg]53[min]00[sec],               89[deg]00[min]00[sec], thence to
27[deg]53[min]00[sec],               91[deg]30[min]00[sec], thence to
26[deg]30[min]00[sec],               91[deg]30[min]00[sec], thence to
26[deg]30[min]00[sec],               89[deg]00[min]00[sec], and thence
                                      tothe point of beginning.
 


(NAD 83)
    (c) Offshore Pascagoula No. 2--lightering zone. Thislightering zone 
and the geographic area for this zone are coterminousand consist of the 
waters bounded by a line connecting the followingpoints beginning at:

Latitude N.                          Longitude W.
29[deg]20[min]00[sec],               87[deg]00[min]00[sec], thence to
29[deg]12[min]00[sec],               87[deg]45[min]00[sec], thence to
28[deg]39[min]00[sec],               88[deg]00[min]00[sec], thence to
28[deg]00[min]00[sec],               88[deg]00[min]00[sec], thence to
28[deg]00[min]00[sec],               87[deg]00[min]00[sec], and thence
                                      tothe point of beginning.
 


(NAD 83)
    (d) South Sabine Point--lightering zone. Thislightering zone and the 
geographic area for this zone are coterminousand consist of the waters 
bounded by a line connecting the followingpoints beginning at:

Latitude N.                          Longitude W.
28[deg]30[min]00[sec],               92[deg]38[min]00[sec], thence to
28[deg]44[min]00[sec],               93[deg]24[min]00[sec], thence to
28[deg]33[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               92[deg]38[min]00[sec], and thence
                                      tothe point of beginning.
 


(NAD 83)



Sec. 156.310  Prohibited areas.

    Lightering operations are prohibited within the following areas 
inthe Gulf of Mexico:
    (a) Claypile--prohibited area. This prohibited areaconsists of the 
waters bounded by a line connecting the followingpoints beginning at:

Latitude N.                          Longitude W.
28[deg]15[min]00[sec],               94[deg]35[min]00[sec], thence to
27[deg]40[min]00[sec],               94[deg]35[min]00[sec], thence to
27[deg]40[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]33[min]00[sec],               94[deg]00[min]00[sec], and thence
                                      tothe point of beginning.
 


(NAD 83)
    (b) Flower Garden--prohibited area. This prohibitedarea consists of 
the waters bounded by a line connecting the followingpoints beginning 
at:

Latitude N.                          Longitude W.
27[deg]40[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               94[deg]00[min]00[sec], thence to
28[deg]18[min]00[sec],               92[deg]38[min]00[sec], thence to
28[deg]30[min]00[sec],               92[deg]38[min]00[sec], thence to
28[deg]15[min]00[sec],               91[deg]30[min]00[sec], thence to
27[deg]40[min]00[sec],               91[deg]30[min]00[sec], and thence
                                      tothe point of beginning.
 


[[Page 475]]


(NAD 83)
    (c) Ewing--prohibited area. This prohibited areaconsists of the 
waters bounded by a line connecting the followingpoints beginning at:

Latitude N.                          Longitude W.
27[deg]53[min]00[sec],               91[deg]30[min]00[sec], thence to
28[deg]15[min]00[sec],               91[deg]30[min]00[sec], thence to
28[deg]15[min]00[sec],               90[deg]10[min]00[sec], thence to
27[deg]53[min]00[sec],               90[deg]10[min]00[sec], and thence
                                      tothe point of beginning.
 


(NAD 83)



Sec. 156.320  Maximum operating conditions.

    Unless otherwise specified, the maximum operating conditions inthis 
section apply to tank vessels operating within the lighteringzones 
designated in this subpart.
    (a) A tank vessel shall not attempt to moor alongside anothervessel 
when either of the following conditions exist:
    (1) The wind velocity is 56 km/hr (30 knots) or more; or
    (2) The wave height is 3 meters (10 feet) or more.
    (b) Cargo transfer operations shall cease and transfer hoses shallbe 
drained when--
    (1) The wind velocity exceeds 82 km/hr (44 knots); or
    (2) Wave heights exceed 5 meters (16 feet).



Sec. 156.330  Operations.

    (a) Unless otherwise specified in this subpart, or when 
otherwiseauthorized by the cognizant Captain of the Port (COTP) or 
DistrictCommander, the master of a vessel lightering in a zone 
designated inthis subpart shall ensure that all officers and appropriate 
members ofthe crew are familiar with the guidelines in paragraphs (b) 
and (c) ofthis section and that the requirements of paragraphs (d) 
through (l)of this section are complied with.
    (b) Lightering operations should be conducted in accordance withthe 
Oil Companies International Marine Forum Ship to Ship TransferGuide 
(Petroleum), Second Edition, 1988, to the maximum extentpracticable.
    (c) Helicopter operations should be conducted in accordance withthe 
International Chamber of Shipping Guide to Helicopter/ShipOperations, 
Third Edition, 1989, to the maximum extent practicable.
    (d) The vessel to be lightered shall make a voice warning prior 
tothe commencement of lightering activities via channel 13 VHF and 
2182Khz. The voice warning shall include:
    (1) The names of the vessels involved;
    (2) The vessels' geographical positions and general headings;
    (3) A description of the operations;
    (4) The expected time of commencement and duration of theoperation; 
and
    (5) Request for wide berth.
    (e) In the event of a communications failure between thelightering 
vessels or the respective persons-in-charge of thetransfer, or an 
equipment failure affecting the vessel's cargohandling capability or 
ship's maneuverability, the affected vesselshall suspend lightering 
activities and shall sound at least fiveshort, rapid blasts on the 
vessel's whistle. Lightering activitiesshall remain suspended until 
corrective action has been completed.
    (f) No vessel involved in a lightering operation may open itscargo 
system until the servicing vessel is securely moored alongsidethe vessel 
to be lightered.
    (g) If any vessel not involved in the lightering operation orsupport 
activities approaches within 100 meters of vessels engaged inlightering, 
the vessel engaged in lightering shall warn theapproaching vessel by 
sounding a loud hailer, ship's whistle, or anyother appropriate means.
    (h) Only a lightering tender, a supply boat, or a crew boat,equipped 
with a spark arrestor on its exhaust, or a tank vesselproviding bunkers, 
may moor alongside a vessel engaged in lighteringoperations.
    (i) Lightering operations shall not be conducted within 1 
nauticalmile of offshore structures or mobile offshore drilling units.
    (j) No vessel engaged in lightering activities may anchor 
overcharted pipelines, artificial reefs, or historical resources.
    (k) All vessels engaged in lightering activities shall be able 
toimmediately maneuver at all times while inside a designated 
lighteringzone. The main

[[Page 476]]

propulsion system must not be disabled at anytime.
    (l) In preparing to moor alongside the vessel to be lightered, 
aservice vessel shall not approach the vessel to be lightered closerthan 
1000 meters unless the service vessel is positioned broad on thequarter 
of the vessel to be lightered. The service vessel musttransition to a 
nearly parallel heading prior to closing to within 50meters of the 
vessel to be lightered.



PART 157_RULES FOR THE PROTECTION OF THE MARINEENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK--Table of Contents




                            Subpart A_General

Sec.
157.01 Applicability.
157.02 Incorportion by reference.
157.03 Definitions.
157.04 Authorization of classification societies.
157.05 Performing calculations for this part.
157.06 Appeals.
157.07 Equivalents.

              Subpart B_Design, Equipment, and Installation

157.08 Applicability of Subpart B.
157.09 Segregated ballast.
157.10 Segregated ballast tanks and crude oil washingsystems for certain 
          new vessels.
157.10a Segregated ballast tanks, crude oil washing systems,and 
          dedicated clean ballast tanks for certain new and existing 
          vesselsof 40,000 DWT or more.
157.10b Segregated ballast tanks, dedicated clean ballasttanks, and 
          special ballast arrangements for tank vessels 
          transportingOuter Continental Shelf oil.
157.10c Segregated ballast tanks, crude oil washing systems,and 
          dedicated clean ballast tanks for certain new and 
          existingtankships of 20,000 to 40,000 DWT.
157.10d Double hulls on tank vessels.
157.11 Pumping, piping and discharge arrangements.
157.12 Cargo monitor and control system.
157.13 Designated observation area.
157.15 Slop tanks in tank vessels.
157.17 Oil residue (sludge) tank.
157.19 Cargo tank arrangement and size.
157.21 Subdivision and stability.
157.22 Intact stability requirements.
157.23 Cargo and ballast system information.
157.24 Submission of calculations, plans, andspecifications.
157.24a Submission of calculations, plans, andspecifications for 
          existing vessels installing segregated ballasttanks.

                       Subpart C_Vessel Operation

157.25 Applicability of subpart C.
157.26 Operation of a tank vessel in violation ofregulations.
157.27 Discharges: Tank vessels carrying oil exclusively onrivers, 
          lakes, bays, sounds, and the Great Lakes, and seagoing 
          tankvessels of less than 150 gross tons.
157.28 Discharges from tank barges exempted from certaindesign 
          requirements.
157.29 Discharges: Seagoing tank vessels of 150 gross tonsor more.
157.31 Discharges: Chemical additives.
157.33 Water ballast in fuel oil tanks.
157.35 Ballast added to cargo tanks.
157.37 Discharge of oily mixtures from oil cargoes.
157.39 Machinery space bilges.
157.41 Emergencies.
157.43 Discharges of clean and segregated ballast: Seagoingtank vessels 
          of 150 gross tons or more.
157.45 Valves in cargo or ballast piping system.
157.47 Information for master.
157.49 Instruction manual.

        Subpart D_Crude Oil Washing (COW) System on Tank Vessels

                                 General

157.100 Plans for U.S. tank vessels: Submission.
157.102 Plans for foreign tank vessels: Submission.
157.104 Scale models.
157.106 Letter of acceptance.
157.108 Crude Oil Washing Operations and Equipment Manualfor U.S. tank 
          vessels: Submission.
157.110 Crude Oil Washing Operations and Equipment Manualfor foreign 
          tank vessels: Submission.
157.112 Approved Crude Oil Washing Operations and EquipmentManual.
157.114 Crude Oil Washing Operations and Equipment Manual:Not approved.
157.116 Required documents: U.S. tank vessels.
157.118 Required documents: Foreign tank vessels.
157.120 Waiver of required documents.

                   Design, Equipment, and Installation

157.122 Piping, valves, and fittings.
157.124 COW tank washing machines.
157.126 Pumps.
157.128 Stripping system.
157.130 Crude oil washing with more than one grade of crudeoil.

[[Page 477]]

157.132 Cargo tanks: Hydrocarbon vapor emissions.
157.134 Cargo tank drainage.
157.136 Two-way voice communications.
157.138 Crude Oil Washing Operations and Equipment Manual.

                               Inspections

157.140 Tank vessel inspections.
157.142 Letter of acceptance: Inspections.
157.144 Tank vessels of the same class: Inspections.
157.146 Similar tank design: Inspections on U.S. tankvessels.
157.147 Similar tank design: Inspections on foreign tankvessels.
157.148 COW system: Evidence for inspections.
157.150 Crude Oil Washing Operations and Equipment Manual:Recording 
          information after inspections.

                                Personnel

157.152 Person in charge of COW operations.
157.154 Assistant personnel.

                             COW Operations

157.155 COW operations: General.
157.156 COW operations: Meeting manual requirements.
157.158 COW operations: Changed characteristics.
157.160 Tanks: Ballasting and crude oil washing.
157.162 Crude oil washing during a voyage.
157.164 Use of inert gas system.
157.166 Hydrocarbon emissions.
157.168 Crew member: Main deck watch.
157.170 COW equipment: Removal.
157.172 Limitations on grades of crude oil carried.

         Subpart E_Dedicated Clean Ballast Tanks on Tank Vessels

                                 General

157.200 Plans for U.S. tank vessels: Submission.
157.202 Plans and documents for foreign tank vessels:Submission.
157.204 Letter of acceptance.
157.206 Dedicated Clean Ballast Tanks Operations Manual forU.S. tank 
          vessels: Submission.
157.208 Dedicated Clean Ballast Tanks Operations Manual forforeign tank 
          vessels: Submission.
157.210 Approved Dedicated Clean Ballast Tanks OperationsManual.
157.212 Dedicated Clean Ballast Tanks Operations Manual: Notapproved.
157.214 Required documents: U.S. tank vessels.
157.216 Required documents: Foreign tank vessels.
157.218 Dedicated clean ballast tanks: Alterations.

                          Design and Equipment

157.220 Dedicated clean ballast tanks: Standards.
157.222 Pump and piping arrangements.
157.224 Dedicated Clean Ballast Tanks Operations Manual.

                Dedicated Clean Ballast Tanks Operations

157.225 Dedicated clean ballast tanks operations: General.
157.226 Dedicated Clean Ballast Tanks Operations Manual:Procedures to be 
          followed.
157.228 Isolating Valves: Closed during a voyage.

            Subpart F_Exemption From   157.10a or  157.10c

157.300 Qualifications for exemptions under this part.
157.302 Applying for an exemption or requesting modificationof an 
          exemption.
157.304 Shore-based reception facility: standards.
157.306 Granting, denying, or modifying an exemption.
157.308 Revocation of exemption: procedure and appeals.
157.310 Exempted vessels: operations.

Subpart G_Interim Measures for Certain Tank Vessels WithoutDouble Hulls 
                         Carrying Petroleum Oils

157.400 Purpose and applicability.
157.410 Emergency lightering requirements for oil tankers.
157.415 Bridge resource management policy and procedures.
157.420 Vessel specific watch policy and procedures.
157.430 Enhanced survey requirements.
157.435 Vital systems surveys.
157.440 Autopilot alarm or indicator.
157.445 Maneuvering performance capability.
157.450 Maneuvering and vessel status information.
157.455 Minimum under-keel clearance.
157.460 Additional operational requirements for tank barges.

Subpart H_Interim Measures for Certain Tank Vessels WithoutDouble Hulls 
                  Carrying Animal Fat or Vegetable Oil

157.500 Purpose and applicability.

[[Page 478]]

157.510 Operational measures.

Subpart I_Interim Measures for Certain Tank Vessels WithoutDouble Hulls 
                    Carrying Other Non-Petroleum Oil

157.600 Purpose and applicability.
157.610 Operational measures.

Appendix A to Part 157--Damage Assumptions,Hypothetical Outflows, and 
          Cargo Tank Size and Arrangements
Appendix B to Part 157--Subdivision and StabilityAssumptions
Appendix C to Part 157--Procedure for DeterminingDistribution of 
          Segregated Ballast Tanks To Provide Protection AgainstOil 
          Outflow in the Event of Grounding, Ramming, or Collision
Appendix D to Part 157--Example of a Procedure forDedicated Clean 
          Ballast Tanks Operations
Appendix E to Part 157--Specifications for the Design,Installation and 
          Operation of a Part Flow System for Control ofOverboard 
          Discharges
Appendix F to Part 157--Guidelines and Specifications forOil Discharge 
          Monitoring and Control Systems for Tankers
Appendix G to Part 157--Timetables for Application ofDouble Hull 
          Requirements

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note);49 CFR 1.46. 
Subparts G, H, and I are also issued under section4115(b), Pub. L. 101-
380, 104 Stat. 520; Pub. L. 104-55,109 Stat. 546.

    Source: CGD 74-32, 40 FR 48283, Oct. 14, 1975,unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 157 appearby USCG-2008-
0179, 73 FR 35015, June 19, 2008.



                            Subpart A_General



Sec. 157.01  Applicability.

    (a) Unless otherwise indicated, this part applies to each vesselthat 
carries oil in bulk as cargo and that is:
    (1) Documented under the laws of the United States (a U.S.vessel); 
or
    (2) Any other vessel that enters or operates in the navigablewaters 
of the United States, or that operates, conducts ligteringunder 46 
U.S.C. 3715, or receives cargo from or transfers cargo to adeepwater 
port under 33 U.S.C. 1501 et seq., in the UnitedStates Exclusive 
Economic Zone, as defined in 33 U.S.C. 2701(8).
    (b) This part does not apply to a vessel exempted under 46 
U.S.C.2109 or 46 U.S.C. 3702.

[CGD 90-051, 57 FR 36238, Aug. 12, 1992, as amended byCGD 91-045, 61 FR 
39788, July 30, 1996]



Sec. 157.02  Incorportion by reference.

    (a) Certain material is incorporated by reference into this partwith 
the approval of the Director of the Federal Register 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 change in the Federal Register; and thematerial must be 
available to the public. All approved material isavailable for 
inspection at the U.S. Coast Guard, Office of Operatingand Environmental 
Standards (CG-522), 2100 Second Street SW.,Washington, DC 20593-0001, 
and 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 approved material is 
available from thesources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in thispart 
and the sections affected are as follows:

International Maritime Organization (IMO)--4
 AlbertEmbankment, London SE1 7SR, England.
    IMO Assembly Resolution A.601(15), Provision and Display     157.450
     ofManoeuvring Information on Board Ships, Annex sections
     1.1, 2.3, 3.1,and 3.2 with appendices, adopted on 19
     November 1987...........................................
    IMO Assembly Resolution A.744(18), Guidelines on the         157.430
     EnhancedProgramme of Inspections During Surveys of Bulk
     Carriers and OilTankers, Annex B sections 1.1.3-1.1.4,
     1.2-1.3, 2.1,2.3-2.6, 3-8, and Annexes 1-10 with
     appendices,adopted 4 November 1993......................
    IMO Assembly Resolution A.751(18), Interim Standards for     157.445
     ShipManoeuvrability, Annex sections 1.2, 2.3-2.4, 3-4.2,
     and5, adopted 4 November 1993 with Explanatory Notes in
     MSC/Circ. 644dated 6 June 1994..........................

[[Page 479]]

 
Oil Companies International Marine Forum (OCIMF)--15th Floor,
 96 Victoria Street, London, SW1E 5JW, England.
    International Safety Guide for Oil Tankers and Terminals,    157.435
     FourthEdition, Chapters 6, 7, and 10, 1996..............
 


[CGD 91-045, 61 FR 39788, July 30, 1996; 61 FR 41685,Aug. 9, 1996, as 
amended at 69 FR 18803, Apr. 9, 2004;USCG-2008-0179, 73 FR 35015, June 
19, 2008]



Sec. 157.03  Definitions.

    Except as otherwise stated in a subpart:
    Amidships means the middle of the length.
    Animal fat means a non-petroleum oil, fat, or grease derivedfrom 
animals and not specifically identified elsewhere in this part.
    Ballast voyage means the voyage that a tank vessel engagesin after 
it leaves the port of final cargo discharge.
    Breadth or B means the maximum molded breadth of avessel in meters.
    Cargo tank length means the length from the forward bulkheadof the 
forwardmost cargo tanks, to the after bulkhead of the aftermostcargo 
tanks.
    Center tank means any tank inboard of a longitudinalbulkhead.
    Clean ballast means ballast which:
    (1) If discharged from a vessel that is stationary into clean,calm 
water on a clear day, would not--
    (i) Produce visible traces of oil on the surface of the water oron 
adjoining shore lines; or
    (ii) Cause a sludge or emulsion to be deposited beneath thesurface 
of the water or upon adjoining shore lines; or
    (2) If verified by an approved cargo monitor and control system,has 
an oil content that does not exceed 15 p.m.
    Combination carrier means a vessel designed to carry oil orsolid 
cargoes in bulk.
    Crude oil means any liquid hydrocarbon mixture occurringnaturally in 
the earth, whether or not treated to render it suitablefor 
transportation, and includes crude oil from which certaindistillate 
fractions may have been removed, and crude oil to whichcertain 
distillate fractions may have been added.
    Deadweight or DWT means the difference in metric tonsbetween the 
lightweight displacement and the total displacement of avessel measured 
in water of specific gravity 1.025 at the loadwaterline corresponding to 
the assigned summer freeboard.
    Dedicated clean ballast tank means a cargo tank that isallocated 
solely for the carriage of clean ballast.
    Domestic trade means trade between ports or places withinthe United 
States, its territories and possessions, either directly orvia a foreign 
port including trade on the navigable rivers, lakes, andinland waters.
    Double bottom means watertight protective spaces that do notcarry 
any oil and which separate the bottom of tanks that hold any oilwithin 
the cargo tank length from the outer skin of the vessel.
    Double hull means watertight protective spaces that do notcarry any 
oil and which separate the sides, bottom, forward end, andaft end of 
tanks that hold any oil within the cargo tank length fromthe outer skin 
of the vessel as prescribed in Sec. 157.10d.
    Doubles sides means watertight protective spaces that do notcarry 
any oil and which separate the sides of tanks that hold any oilwithin 
the cargo tank length from the outer skin of the vessel.
    Existing vessel means any vessel that is not a new vessel.
    Fleeting or assist towing vessel means any commercial vesselengaged 
in towing astern, alongside, or pushing ahead, used solelywithin a 
limited geographic area, such as a particular barge fleetingarea or 
commercial facility, and used solely for restricted service,such as 
making up or breaking up larger tows.
    Foreign trade means any trade that is not domestic trade.
    From the nearest land means from the baseline from which 
theterritorial sea of the United States is established in accordance 
withinternational law.
    Fuel oil means any oil used as fuel for machinery in thevessel in 
which it is carried.

[[Page 480]]

    Inland vessel means a vessel that is not oceangoing andthat does not 
operate on the Great Lakes.
    Instantaneous rate of discharge of oil content means therate of 
discharge of oil in liters per hour at any instant, divided bythe speed 
of the vessel in knots at the same instant.
    Integrated tug barge means a tug and a tank barge with amechanical 
system that allows the connection of the propulsion unit(the tug) to the 
stern of the cargo carrying unit (the tank barge) sothat the two vessels 
function as a single self-propelled vessel.
    Large primary structural member includes any of the following:
    (1) Web frames.
    (2) Girders.
    (3) Webs.
    (4) Main brackets.
    (5) Transverses.
    (6) Stringers.
    (7) Struts in transverse web frames when there are 3 or morestruts 
and the depth of each is more than \1/15\ of the total depth ofthe tank.
    Length or L means the distance in meters from the foreside of the 
stem to the axis of the rudder stock on a waterline at 85percent of the 
least molded depth measured from the molded baseline,or 96 percent of 
the total length on that waterline, whichever isgreater. In vessels 
designed with drag, the waterline is measuredparallel to the designed 
waterline.
    Lightweight means the displacement of a vessel in metrictons without 
cargo, fuel oil, lubricating oil, ballast water, freshwater, and 
feedwater in tanks, consumable stores, and any persons andtheir effects.
    Major conversion means a conversion of an existing vesselthat:
    (1) Substantially alters the dimensions or carrying capacity ofthe 
vessel, except a conversion that includes only the installation 
ofsegregated ballast tanks, dedicated clean ballast tanks, a crude 
oilwashing system, double sides, a double bottom, or a double hull;
    (2) Changes the type of vessel;
    (3) Substantially prolongs the vessel's service life; or
    (4) Otherwise so changes the vessel that it is essentially a 
newvessel, as determined by the Commandant (CG-543).
    MARPOL 73/78 means the International Convention for thePrevention of 
Pollution from Ships, 1973, as modified by the Protocolof 1978 relating 
to that Convention. A copy of MARPOL 73/78 isavailable from the 
International Maritime Organization, 4 AlbertEmbankment, London, SE1
    New vessel means:
    (1) A U.S. vessel in domestic trade that:
    (i) Is constructed under a contract awarded after December 31,1974;
    (ii) In the absence of a building contract, has the keel laid oris 
at a similar stage of construction after June 30, 1975;
    (iii) Is delivered after December 31, 1977; or
    (iv) Has undergone a major conversion for which:
    (A) The contract is awarded after December 31, 1974;
    (B) In the absence of a contract, conversion is begun after June30, 
1975; or
    (C) Conversion is completed after December 31, 1977; and
    (2) A foreign vessel or a U.S. vessel in foreign trade that:
    (i) Is constructed under a contract awarded after December 31,1975;
    (ii) In the absence of a building contract, has the keel laid oris 
at a similar stage of construction after June 30, 1976;
    (iii) Is delivered after December 31, 1979; or
    (iv) Has undergone a major conversion for which:
    (A) The contract is awarded after December 31, 1975;
    (B) In the absence of a contract, conversion is begun after June30, 
1976; or
    (C) Conversion is completed after December 31, 1979.
    Non-petroleum oil means oil of any kind that is notpetroleum-based. 
It includes, but is not limited to, animal fat andvegetable oil.
    Oceangoing has the same meaning as defined inSec. 151.05 of this 
chapter.
    Officer in charge of a navigational watch means any officeremployed 
or engaged to be responsible for navigating or maneuveringthe vessel and 
for maintaining a continuous vigilant watch during hisor her periods of 
duty

[[Page 481]]

and following guidance set out by themaster, international or national 
regulations, and company policies.
    Oil means oil of any kind or in any form including, but notlimited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixedwith wastes 
other than dredged spoil. This includes liquidhydrocarbons as well as 
animal and vegetable oils.
    Oil cargo residue means any residue of oil cargo whether insolid, 
semi-solid, emulsified, or liquid form from cargo tanks andcargo pump 
room bilges, including but not limited to, drainages,leakages, exhausted 
oil, muck, clingage, sludge, bottoms, paraffin(wax), and any constituent 
component of oil. The term ``oilcargo residue'' is also known as ``cargo 
oilresidue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil whether in solid, semi-solid, emulsified,or 
liquid form, resulting from drainages, leakages, exhausted oil, andother 
similar occurrences from machinery spaces.
    Oil spill response vessel means a vessel that is 
exclusivelydedicated to operations to prevent or mitigate environmental 
damagedue to an actual or impending accidental oil spill. This includes 
avessel that performs routine service as an escort for a tank vessel,but 
excludes a vessel that engages in any other commercial activity,such as 
the carriage of any type of cargo.
    Oil tanker means a vessel that is constructed or adaptedprimarily to 
carry crude oil or products in bulk as cargo. Thisincludes a tank barge, 
a tankship, and a combination carrier, as wellas a vessel that is 
constructed or adapted primarily to carry noxiousliquid substances in 
bulk as cargo and which also carries crude oil orproducts in bulk as 
cargo.
    Oily mixture means a mixture, in any form, with any oilcontent. 
``Oily mixture'' includes, but is not limitedto--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oilywaste, 
and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks, including 
anyoil cargo residue.
    Oily mixture means a mixture with any oil content.
    Other non-petroleum oil means an oil of any kind that is 
notpetroleum oil, an animal fat, or a vegetable oil.
    Permeability of a space means the ratio of the volume withina space 
that is assumed to be occupied by water to the total volume ofthat 
space.
    Petroleum oil means petroleum in any form, including but notlimited 
to, crude oil, fuel oil, sludge, oil residue, and refinedproducts.
    Primary towing vessel means any vessel engaged in towingastern, 
alongside, or pushing ahead and includes the tug in anintegrated tug 
barge. It does not include fleeting or assist towingvessels.
    Product means any liquid hydrocarbon mixture in any form,except 
crude oil, petrochemicals, and liquefied gases.
    Segregated ballast means the ballast water introduced into atank 
that is completely separated from the cargo oil and fuel oilsystem and 
that is permanently allocated to the carriage of ballast.
    Slop tank means a tank specifically designated for thecollection of 
cargo drainings, washings, and other oily mixtures.
    Tank means an enclosed space that is formed by the 
permanentstructure of a vessel, and designed for the carriage of liquid 
inbulk.
    Tank barge means a tank vessel not equipped with a means ofself-
propulsion.
    Tank vessel means a vessel that is constructed or adaptedprimarily 
to carry, or that carries, oil or hazardous material in bulkas cargo or 
cargo residue, and that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subjectto 
the jurisdiction of the United States. This does not include anoffshore 
supply vessel, or a fishing vessel or fish tender vessel ofnot more than 
750 gross tons when engaged only in the fishingindustry.
    Tankship means a tank vessel propelled by mechanical poweror sail.

[[Page 482]]

    Vegetable oil means a non-petroleum oil or fat notspecifically 
identified elsewhere in this part that is derived fromplant seeds, nuts, 
kernels, or fruits.
    Wing tank means a tank that is located adjacent to the sideshell 
plating.

[CGD 96-026, 61 FR 33666, June 28, 1996; 61 FR 36786,July 12, 1996, as 
amended by CGD 91-045, 61 FR 39788, July 30,1996; USCG-2000-7641, 66 FR 
55572, Nov. 2, 2001]



Sec. 157.04  Authorization of classification societies.

    (a) The Coast Guard may authorize any classification society (CS)to 
perform certain plan reviews, certifications, and inspectionsrequired by 
this part on vessels classed by that CS, except that onlyU.S. 
classification societies may be authorized to perform those planreviews, 
inspections, and certifications for U.S. vessels.
    (b) If a CS desires authorization to perform the plan 
reviews,certifications, and inspections required under this part, it 
mustsubmit to the Commandant (CG-543), U.S. Coast Guard, Washington, 
DC20593-0001, evidence from the governments concerned showingthat they 
have authorized the CS to inspect and certify vessels ontheir behalf 
under the MARPOL 73/78.
    (c) The Coast Guard notifies the CS in writing whether or not itis 
accepted as an authorized CS. If authorization is refused, reasonsfor 
the refusal are included.
    (d) Acceptance as an authorized CS terminates unless the 
followingare met:
    (1) The authorized CS must have each Coast Guard regulation thatis 
applicable to foreign vessels on the navigable waters of the 
UnitedStates.
    (2) Each issue concerning equivalents to the regulations in thispart 
must be referred to the Coast Guard for determination.
    (3) Copies of any plans, calculations, records of inspections, 
orother documents relating to any plan review, inspection, 
orcertification performed to meet this part must be made available tothe 
Coast Guard.
    (4) Each document certified under Sec. Sec. 157.116(a)(2), 
157.118(b)(1)(ii), and 157.216(b)(1)(ii) must be marked with thename or 
seal of the authorized CS.
    (5) A copy of the final documentation that is issued to eachvessel 
that is certified under this part must be referred to theCommandant (CG-
543), U.S. Coast Guard, Washington, D.C.20593-0001.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11625, and 11630, Mar. 22, 1985, asamended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD96-026, 61 FR 33668, June 28, 
1996;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001;USCG-2006-25150, 71 FR 
39210, July 12, 2006]



Sec. 157.05  Performing calculations for this part.

    In this part, unless the context requires otherwise:
    (a) Formulas are in the International System of Units (SI);
    (b) Values used in those formulas must be in the InternationalSystem 
of Units; and
    (c) Forward and after perpendiculars are located at the forwardend 
and at the after end of the length. The forward perpendicularcoincides 
with the foreside of the stem on the waterline on which thelength of the 
vessel is measured.



Sec. 157.06  Appeals.

    (a) Any person directly affected by an action taken under thispart 
may request reconsideration by the Coast Guard official who 
isresponsible for that action.
    (b) Any person not satisfied with a ruling made under theprocedure 
contained in paragraph (a) of this section may appeal thatruling in 
writing, except as allowed under paragraph (e) of thissection, to the 
Coast Guard District Commander of the district inwhich the action was 
taken. The appeal may contain supportingdocumentation and evidence that 
the appellant wishes to haveconsidered. If requested, the District 
Commander may stay the effectof the action being appealed while the 
ruling is being reviewed. TheDistrict Commander issues a ruling after 
reviewing the appealsubmitted under this paragraph.
    (c) Any person not satisfied with a ruling made under theprocedure 
contained in paragraph (b) of this section

[[Page 483]]

may appealthat ruling in writing, except as allowed under paragraph (e) 
of thissection, to the Assistant Commandant for Marine Safety, Security, 
andStewardship (CG-5), U.S. Coast Guard, Washington, DC20593-0001. The 
appeal may contain supporting documentation andevidence that the 
appellant wishes to have considered. If requested,the Assistant 
Commandant for Marine Safety, Security and Stewardship(CG-5) may stay 
the effect of the action being appealed while theruling is being 
reviewed. The Chief, Marine Safety, Security andEnvironmental Protection 
issues a ruling after reviewing the appealsubmitted under this 
paragraph.
    (d) Any decision made by the Assistant Commandant for MarineSafety, 
Security, and Stewardship (CG-5) under the procedure containedin 
paragraph (c) of this section is final agency action.
    (e) If the delay in presenting a written appeal would have 
asignificant adverse impact on the appellant, the appeal underparagraph 
(b) or (c) of this section may initially be presentedorally. If an 
initial presentation of the appeal is made orally, theappellant must 
submit the appeal in writing within five days of theoral presentation to 
the Coast Guard official to whom the oralpresentation was made. The 
written appeal must contain, at a minimumthe basis for the appeal and a 
summary of the material presentedorally.

[CGD 77-058b, 45 FR 43706, June 30, 1980, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR33667, 33668, June 28, 1996; CGD 
97-023, 62 FR 33364, June 19,1997; USCG-2002-12471, 67 FR 41333, June 
18, 2002;USCG-2008-0179, 73 FR 35015, June 19, 2008]



Sec. 157.07  Equivalents.

    The Coast Guard may accept an equivalent, in accordance with 
theprocedure in 46 CFR 30.15-1, of a design or an equipment tofulfill a 
requirement in this part, except an operational method maynot be 
substituted for a design or equipment requirement that is alsorequired 
under the MARPOL 73/78.

[CGD 82-28, 50 FR 11625, Mar. 22, 1985, as amended byCGD 97-023, 62 FR 
33364, June 19, 1997;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



              Subpart B_Design, Equipment, and Installation



Sec. 157.08  Applicability of subpart B.

    Note: An ``oil tanker'' as defined inSec. 157.03 includes barges as 
well as self-propelledvessels.
    (a) Sections 157.10d and 157.11(g) apply to each vessel to whichthis 
part applies.
    (b) Sections 157.11 (a) through (f), 157.12, 157.15, 
157.19(b)(3),157.33, and 157.37 apply to each vessel to which this part 
appliesthat carries 200 cubic meters or more of crude oil or products in 
bulkas cargo, as well as to each oceangoing oil tanker to which this 
partapplies of 150 gross tons or more. These sections do not apply to 
aforeign vessel which remains beyond the navigable waters of the 
UnitedStates and does not transfer oil cargo at a port or place subject 
tothe jurisdiction of the United States.
    (c) Section 157.21 applies to each oil tanker to which this 
partapplies of 150 gross tons or more that is oceangoing or that 
operateson the Great Lakes. This section does not apply to a foreign 
vesselwhich remains beyond the navigable waters of the United States 
anddoes not transfer oil cargo at a port or place subject to 
thejurisdiction of the United States.
    (d) Sections in subpart B of 33 CFR part 157 that are notspecified 
in paragraphs (a) through (c) of this section apply to eachoceangoing 
oil tanker to which this part applies of 150 gross tons ormore, unless 
otherwise indicated in paragraphs (e) through (m) of thissection. These 
sections do not apply to a foreign vessel which remainsbeyond the 
navigable waters of the United States and does not transferoil cargo at 
a port or place subject to the jurisdiction of the UnitedStates.
    (e) Sections 157.11 (a) through (f), 157.12, and 157.15 do notapply 
to a vessel, except an oil tanker, that carries less than 1,000cubic 
meters of crude oil or products in bulk as cargo and which

[[Page 484]]

retains oily mixtures on board and discharges them to a 
receptionfacility.
    (f) Sections 157.11 (a) through (f), 157.12, 157.13, and 157.15 
donot apply to a tank vessel that carries only asphalt, carbon 
blackfeedstock, or other products with similar physical properties, such 
asspecific gravity and cohesive and adhesive characteristics, 
thatinhibit effective product/water separation and monitoring.
    (g) Sections 157.11 (a) through (f), 157.12, 157.13, 157.15, 
and157.23 do not apply to a tank barge that cannot ballast cargo tanks 
orwash cargo tanks while underway.
    (h) Sections 157.19 and 157.21 do not apply to a tank barge thatis 
certificated by the Coast Guard for limited short protectedcoastwise 
routes if the barge is otherwise constructed andcertificated for service 
exclusively on inland routes.
    (i) Section 157.09(d) does not apply to any:
    (1) U.S. vessel in domestic trade that is constructed under 
acontract awarded before January 8, 1976;
    (2) U.S. vessel in foreign trade that is constructed under acontract 
awarded before April 1, 1977; or
    (3) Foreign vessel that is constructed under a contract 
awardedbefore April 1, 1977.
    (j) Sections 157.09 and 157.10a do not apply to a new vessel that:
    (1) Is constructed under a building contract awarded after June 
1,1979;
    (2) In the absence of a building contract, has the keel laid or isat 
a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion for which:
    (i) The contract is awarded after June 1, 1979;
    (ii) In the absence of a contract, conversion is begun afterJanuary 
1, 1980; or
    (iii) Conversion is completed after June 1, 1982.
    (k) Sections 157.09(b)(3), 157.10(c)(3), 157.10a(d)(3), 
and157.10b(b)(3) do not apply to tank barges.
    (l) Section 157.10b does not apply to tank barges if they do 
notcarry ballast while they are engaged in trade involving the 
transferof crude oil from an offshore oil exploitation or production 
facilityon the Outer Continental Shelf of the United States.
    (m) Section 157.12 does not apply to a U.S. vessel that:
    (1) Is granted an exemption under Subpart F of this part; or
    (2) Is engaged solely in voyages that are:
    (i) Between ports or places within the United States, itsterritories 
or possessions;
    (ii) Of less than 72 hours in length; and
    (iii) At all times within 50 nautical miles of the nearest land.
    (n) Section 157.10d does not apply to:
    (1) A vessel that operates exclusively beyond the navigable watersof 
the United States and the United States Exclusive Economic Zone, 
asdefined in 33 U.S.C. 2701(8);
    (2) An oil spill response vessel;
    (3) Before January 1, 2015--
    (i) A vessel unloading oil in bulk as cargo at a deepwater 
portlicensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 
etseq.); or
    (ii) A delivering vessel that is off-loading oil in bulk as cargoin 
lightering activities--
    (A) Within a lightering zone established under 46 U.S.C. 3715(b)(5); 
and
    (B) More than 60 miles from the territorial sea base line, asdefined 
in 33 CFR 2.20.
    (4) A vessel documented under 46 U.S.C., Chapter 121, that 
wasequipped with a double hull before August 12, 1992;
    (5) A barge of less than 1,500 gross tons as measured under 
46U.S.C., Chapter 145, carrying refined petroleum in bulk as cargo in 
oradjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Oceanand 
waters tributary thereto and in the waters of the Aleutian Islandsand 
the Alaskan Peninsula west of 155 degrees west longitude; or
    (6) A vessel in the National Defense Reserve Fleet pursuant to 
50App. U.S.C. 1744.

[CGD 75-240, 41 FR 54179, Dec. 13, 1976, as amended byCGD 77-058b, 45 FR 
43707, June 30, 1980; CGD 79-152, 45FR 82249, Dec. 15, 1980; CGD 76-
088b, 48 FR 45720, Oct. 6,1983; CGD 90-051, 57 FR 36239, Aug. 12, 1992; 
57 FR 40494,Sept. 3, 1992; CGD 97-023, 62 FR 33364, June 19, 1997;USCG-
2008-0179, 73 FR 35015, June 19, 2008]

[[Page 485]]



Sec. 157.09  Segregated ballast.

    (a) A new vessel of 70,000 tons DWT or more must have 
segregatedballast tanks that have a total capacity to allow the vessel 
to meetthe draft and trim requirements in paragraph (b) of this 
sectionwithout recourse to the use of oil tanks for water ballast.
    (b) In any ballast condition during any part of a voyage,including 
that of lightweight with only segregated ballast, thevessel's drafts and 
trim must have the capability of meeting each ofthe following 
requirements:
    (1) The molded draft amidship (dm) in meters without taking 
intoaccount vessel deformation must not be less than dm in the 
followingmathematical relationship:

dm=2.0+0.02L
    (2) The drafts at the forward and after perpendiculars 
mustcorrespond to those determined by the draft amidship as specified 
inparagraph (b)(1) of this section, in association with the trim by 
thestern of no more than 0.015L.
    (3) The minimum allowable draft at the after perpendicular is 
thatwhich is necessary to obtain full immersion of the propeller.
    (c) The vessel may be designed to carry ballast water in cargotanks 
during the condition described in Sec. 157.35.
    (d) Segregated ballast spaces, voids, and other noncargo-
carryingspaces for a vessel of conventional form must be distributed:
    (1) So that the mathematical average of the hypothetical 
collision(Oc) and the hypothetical stranding 
(Os)outflows as determined by the application of the 
procedures inSec. 157.19 and Appendix B is 80 percent or less of 
themaximum allowable outflow (OA) as determined bySec. 
157.19(b)(1); and
    (2) To protect at least 45 percent of the sum of the side andbottom 
shell areas, based upon projected molded dimensions, within thecargo 
tank length. When the vessel design configuration does notprovide for 
the spaces to be distributed to protect at least 45percent of the side 
and bottom shell areas, the spaces must bedistributed so that the 
mathematical average of the hypotheticalcollision (Oc) and 
the hypothetical stranding(Os) outflows, determined by 
application of the proceduresin Sec. 157.19 and Appendix B, is a 
further 2 percent lessthan the maximum allowable outflow (Oa) 
for each 1 percentby which the shell area protection coverage required 
is not achieved.
    (e) A ballast space, void or other non-cargo-carrying space usedto 
meet requirements in paragraph (d) of this section must separatethe 
cargo tank boundaries from the shell plating of the vessel by atleast 2 
meters.
    (f) A vessel of conventional form for application of this 
sectionhas:
    (1) A block coefficient of .80 or greater,
    (2) A length to depth ratio between 12 and 16, and
    (3) A breadth to depth ratio between 1.5 and 3.5.
    (g) Segregated ballast spaces, voids, and other noncargo-
carryingspaces for a vessel not of conventional form must be distributed 
in aconfiguration acceptable to the Coast Guard.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 75-201, 41 FR1482, Jan. 8, 1976]



Sec. 157.10  Segregated ballast tanks and crude oil washing systems for certainnew vessels.

    (a) This section applies to a new vessel that:
    (1) Is constructed under a building contract awarded after June 
1,1979;
    (2) In the absence of a building contract, has the keel laid or isat 
a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion for which:
    (i) The contract is awarded after June 1, 1979;
    (ii) In the absence of a contract, conversion is begun afterJanuary 
1, 1980; or
    (iii) Conversion is completed after June 1, 1982.
    (b) Each tank vessel under this section of 20,000 DWT or more 
thatcarries crude oil and of 30,000 DWT or more that carries products 
musthave segregated ballast tanks that have a total capacity to allow 
thevessel to meet the draft and trim requirements in paragraph (c) 
ofthis section without recourse to the use of cargo tanks for 
waterballast.

[[Page 486]]

    (c) In any ballast condition during any part of a voyage,including 
that of lightweight with only segregated ballast, each tankvessel under 
paragraph (b) of this section must have the capability ofmeeting each of 
the following:
    (1) The molded draft amidship (dm) in meters, without taking 
intoaccount vessel deformation, must not be less than dm in the 
followingmathematical relationship:

dm = 2.0 + 0.02L
    (2) The drafts at the forward and after perpendiculars 
mustcorrespond to those determined by the draft amidship under 
paragraph(c)(1) of this section, in association with a trim by the stern 
of nomore than 0.015L.
    (3) The minimum draft at the after perpendicular is that which 
isnecessary to obtain full immersion of the propeller.
    (d) Segregated ballast tanks required in paragraph (b) of 
thissection, voids, and other spaces that do not carry cargo must 
bedistributed:
    (1) For a vessel to which Sec. 157.10d applies, inaccordance with 
Sec. 157.10d(c)(4); or,
    (2) For a vessel to which Sec. 157.10d does not apply,in accordance 
with the procedure contained in appendix C to this part.
    (e) Each tank vessel under this section of 20,000 DWT or more 
thatcarries crude oil must have a crude oil washing system that meets 
thedesign, equipment, and installation requirements in Subpart D of 
thispart.
    (f) Each tank vessel under this section may be designed to 
carryballast water in cargo tanks as allowed under Sec. 157.35.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended byCGD 90-051, 57 FR 
36239, Aug. 12, 1992]



Sec. 157.10a  Segregated ballast tanks, crude oil washing systems, and dedicatedclean ballast tanks for certain new and existing vessels of 40,000 DWTor more.

    (a) An existing vessel of 40,000 DWT or more that carries crudeoil 
and a new vessel of 40,000 DWT or more but less than 70,000 DWTthat 
carries crude oil must have:
    (1) Segregated ballast tanks with a total capacity to meet thedraft 
and trim requirements in paragraph (d) of this section; or
    (2) A crude oil washing system that meets the design, equipment,and 
installation requirements of Subpart D of this part.
    (b) [Reserved]
    (c) An existing vessel of 40,000 DWT or more that carries 
productsand a new vessel of 40,000 DWT or more but less than 70,000 DWT 
thatcarries products must have:
    (1) Segregated ballast tanks with a total capacity to meet thedraft 
and trim requirements in paragraph (d) of this section; or
    (2) Dedicated clean ballast tanks that have a total capacity tomeet 
the draft and trim requirements in paragraph (d) of this sectionand that 
meet the design and equipment requirements under Subpart E ofthis part.
    (d) In any ballast condition during any part of a voyage,including 
that of lightweight with either segregated ballast insegregated ballast 
tanks or clean ballast in dedicated clean ballasttanks, each tank vessel 
under paragraph (a)(1), or (c) of this sectionmust have the capability 
of meeting each of the following withoutrecourse to the use of cargo 
tanks for water ballast:
    (1) The molded draft amidship (dm) in meters, without taking 
intoaccount vessel deformation, must not be less than dm in the 
followingmathematical relationship:

dm=2.0+0.02L
    (2) The drafts at the forward and after perpendiculars 
mustcorrespond to those determined by the draft amidship under 
paragraph(d)(1) of this section, in association with a trim by the stern 
of nomore than 0.015L.
    (3) The minimum draft at the after perpendicular is that which 
isnecessary to obtain full immersion of the propeller.
    (e) Each tank vessel that meets paragraph (a)(1), or (c) of 
thissection may be designed to carry ballast water in cargo tanks 
asallowed under Sec. 157.35.
    Note: Segregated ballast tanks located in wing tanks 
provideprotection against oil

[[Page 487]]

outflow in the event of a collision,ramming, or grounding.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended byCGD 82-28, 50 FR 
11626, Mar. 22, 1985;USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 157.10b  Segregated ballast tanks, dedicated clean ballast tanks, andspecial ballast arrangements for tank vessels transporting OuterContinental Shelf 
          oil.

    (a) Each tank vessel that is engaged in the transfer of crude 
oilfrom an offshore oil exploitation or production facility on the 
OuterContinental Shelf of the United States on or after June 1, 1980 
must,if segregated ballast tanks or dedicated clean ballast tanks are 
notrequired under Sec. 157.09, Sec. 157.10 orSec. 157.10a, have one 
of the following:
    (1) Segregated ballast tanks with a total capacity to meet thedraft 
and trim requirements in paragraph (b) of this section.
    (2) Dedicated clean ballast tanks having a total capacity to meetthe 
draft and trim requirements in paragraph (b) of this section andmeeting 
the design and equipment requirements under Subpart E of thispart.
    (3) Special ballast arrangements acceptable to the Coast Guard.
    (b) In any ballast condition during any part of a voyage,including 
that of lightweight with either segregated ballast insegregated ballast 
tanks or clean ballast in dedicated clean ballasttanks, each vessel 
under paragraph (a)(1) or (a)(2) of this sectionmust have the capability 
of meeting each of the following:
    (1) The molded draft amidship (dm), in meters, without taking 
intoaccount vessel deformation, must not be less than ``dm''in the 
following mathematical relationship:

dm=2.00+0.020L for vessels of 150 meters or more in length

dm=1.25+0.025L for vessels less than 150 meters in length

    (2) The drafts, in meters, at the forward and after 
perpendicularsmust correspond to those determined by the draft amidship 
underparagraph (b)(1) of this section, in association with a trim, 
inmeters, by the stern (t) of no more than ``t'' in thefollowing 
mathematical relationship:

t=0.015L for vessels of 150 meters or more in length

t=1.5+0.005L for vessels less than 150 meters in length

    (3) The minimum draft at the after perpendicular is that which 
isnecessary to obtain full immersion of the propeller.
    (c) Special ballast arrangements are accepted under the proceduresin 
paragraph (d) of this section if:
    (1) The vessel is dedicated to one specific route;
    (2) Each offshore transfer facility on the route is less than 
50miles from shore;
    (3) The duration of the ballast voyage is less than 10 hours;
    (4) They prevent the mixing of ballast water and oil; and
    (5) They provide suitable draft and trim to allow for the 
safenavigation of the vessel on the intended route.
    (d) The owner or operator of a vessel that meets paragraph (c) 
ofthis section must apply for acceptance of the special 
ballastarrangement, in writing, to the Officer in Charge, Marine 
Inspection,of the zone in which the vessel operates. The application 
mustcontain:
    (1) The specific route on which the vessel would operate;
    (2) The type of ballast to be carried;
    (3) The location of the ballast on the vessel;
    (4) Calculations of draft and trim for maximum ballast 
conditions;and
    (5) The associated operating requirements or limitations necessaryto 
ensure safe navigation of the vessel.

    Note: Operating requirements or limitations necessary toensure safe 
navigation of the vessel could include (but are notlimited to) weather 
conditions under which the vessel would notoperate and weather 
conditions under which cargo would be carried incertain cargo tanks on 
the ballast voyage.

    (e) The Coast Guard will inform each applicant for special 
ballastarrangements under paragraph (d) of this section whether or not 
thearrangements are accepted. If they are not accepted, the reasons 
whythey are not accepted will be stated.
    (f) Each tank vessel under this section may be designed to 
carryballast

[[Page 488]]

water in cargo tanks, as allowed underSec. 157.35.

[CGD 79-152, 45 FR 82249, Dec. 15, 1980]



Sec. 157.10c  Segregated ballast tanks, crude oil washing systems, and dedicatedclean ballast tanks for certain new and existing tankships of 20,000to 40,000 
          DWT.

    (a) This section applies to each tankship of 20,000 DWT or more,but 
less then 40,000 DWT, except each one that--
    (1) Is constructed under a building contract awarded after June 
1,1979;
    (2) In the absence of a building contract, has the keel laid or isat 
a similar stage of construction after January 1, 1980;
    (3) Is delivered after June 1, 1982; or
    (4) Has undergone a major conversion, for which--
    (i) The contract is awarded after June 1, 1979; or
    (ii) Conversion is completed after June 1, 1982.
    (b) On January 1, 1986, or 15 years after the date it wasdelivered 
to the original owner or 15 years after the completion of amajor 
conversion, whichever is later, a vessel under this section thatcarries 
crude oil must have--
    (1) Segregated ballast tanks that have a total capacity to allowthe 
vessel to meet the draft and trim requirements inSec. 157.09(b); or
    (2) A crude oil washing system that meets the design, equipment,and 
installation requirements of Sec. Sec. 157.122 through157.138.
    (c) On January 1, 1986, or 15 years after the date it wasdelivered 
to the original owner or 15 years after the completion of amajor 
conversion, whichever is later, a vessel under this section thatcarries 
product must have--
    (1) Segregated ballast tanks that have total capacity to allow 
thevessel to meet the draft and trim requirements inSec. 157.09(b); or
    (2) Dedicated clean ballast tanks that meet the design andequipment 
requirements under Sec. Sec. 157.220, 157.222,and 157.224 and have 
total capacity to allow the vessel to meet thedraft and trim 
requirements in Sec. 157.09(b).
    (d) If the arrangement of tanks on a vessel under this section 
issuch that, when using the tankage necessary to comply with the 
draftand trim requirements in Sec. 157.09(b), the draft 
amidshipsexceeds the minimum required draft by more the 10 percent, or 
thearrangement results in the propeller being fully immersed by more 
than10 percent of its diameter, alternative arrangements may be 
acceptedprovided--
    (1) At least 80 percent of the propeller diameter is immersed; and
    (2) The moulded draft amidships is at least 80 percent of 
thatrequired under Sec. 157.09(b)(1).

[CGD 82-28, 50 FR 11626, Mar. 22, 1985; 50 FR 12800,Apr. 1, 1985]



Sec. 157.10d  Double hulls on tank vessels.

    (a) With the exceptions stated in Sec. 157.08(n), thissection 
applies to a tank vessel--
    (1) For which the building contract is awarded after June 30,1990;
    (2) That is delivered after December 31, 1993;
    (3) That undergoes a major conversion for which;
    (i) The contract is awarded after June 30, 1990; or
    (ii) Conversion is completed after December 31, 1993; or
    (4) That is otherwise required to have a double hull by 46 
U.S.C.3703a(c).
    Note: The double hull compliance dates of 46 U.S.C. 3703a(c)are set 
out in appendix G to this part. To determine a tank vessel'sdouble hull 
compliance date under OPA 90, use the vessel's hullconfiguration (i.e., 
single hull; single hull with double sides;or single hull with double 
bottom) on August 18, 1990.
    (b) Each vessel to which this section applies must be fitted with:
    (1) A double hull in accordance with this section; and
    (2) If Sec. 157.10 applies, segregated ballast tanks anda crude oil 
washing system in accordance with that section.
    (c) Except on a vessel to which Sec. 157.10d(d) applies,tanks 
within the cargo tank length that carry any oil must beprotected by 
double sides and a double bottom as follows:
    (1) Double sides must extend for the full depth of the vessel'sside 
or from the uppermost deck, disregarding a rounded gunwale wherefitted, 
to the top of the double bottom. At any cross

[[Page 489]]

section,the molded width of the double side, measured at right angles to 
theside shell plating, from the side of tanks containing oil to the 
sideshell plating, must not be less than the distance w as shown 
inFigure 157.10d(c) and specified as follows:
    (i) For a vessel of 5,000 DWT and above: w=[0.5+(DWT/20,000)] 
meters; or, w=2.0 meters (79 in.), whicheveris less, but in no case less 
than 1.0 meter (39 in.).
    (ii) For a vessel of less than 5,000 DWT: w=[0.4+(2.4)(DWT/20,000)] 
meters, but in no case less than 0.76 meter (30 in.).
    (iii) For a vessel to which paragraph (a)(4) of this sectionapplies: 
w=0.76 meter (30 in.), provided that the double sidewas fitted under a 
construction or conversion contract awarded priorto June 30, 1990.

[[Page 490]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.015

    (2) At any cross section, the molded depth of the double 
bottom,measured at right angles to the bottom shell plating, from the 
bottomof tanks containing oil to the bottom shell plating, must not be 
lessthan the distance h as shown in Figure 157.10d(c) and specifiedas 
follows:

[[Page 491]]

    (i) For a vessel of 5,000 DWT and above: h=B/15; or,h=2.0 meters (79 
in.), whichever is less, but in no case lessthan 1.0 meter (39 in.).
    (ii) For a vessel of less than 5,000 DWT: h=B/15, but in nocase less 
than 0.76 meter (30 in.).
    (iii) For a vessel to which paragraph (a)(4) of this sectionapplies: 
h=B/15; or, h=2.0 meters (79 in.), whichever isthe lesser, but in no 
case less than 0.76 meter (30 in.), providedthat the double bottom was 
fitted under a construction or conversioncontract awarded prior to June 
30, 1990.
    (3) For a vessel built under a contract awarded after September11, 
1992, within the turn of the bilge or at cross sections where theturn of 
the bilge is not clearly defined, tanks containing oil must belocated 
inboard of the outer shell--
    (i) For a vessel of 5,000 DWT and above: At levels up to1.5h above 
the base line, not less than the distance h, asshown in Figure 
157.10d(c) and specified in paragraph (c)(2) of thissection. At levels 
greater than 1.5h above the base line, notless than the distance w, as 
shown in Figure 157.10d(c) andspecified in paragraph (c)(1) of this 
section.
    (ii) For a vessel of less than 5,000 DWT: Not less than thedistance 
h above the line of the mid-ship flat bottom, as shownin Figure 
157.10d(c)(3)(ii) and specified in paragraph (c)(2) of thissection. At 
levels greater than h above the line of the mid-shipflat bottom, not 
less than the distance w, as shown in Figure157.10d(c)(3)(ii) and 
specified in paragraph (c)(1) of this section.

[[Page 492]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.016

    (4) For a vessel to which Sec. 157.10(b) applies that isbuilt under 
a contract awarded after September 11, 1992.
    (i) The aggregate volume of the double sides, double bottom,forepeak 
tanks, and afterpeak tanks must not be less than the capacityof 
segregated

[[Page 493]]

ballast tanks required underSec. 157.10(b). Segregated ballast tanks 
that may beprovided in addition to those required under Sec. 
157.10(b)may be located anywhere within the vessel.
    (ii) Double side and double bottom tanks used to meet 
therequirements of Sec. 157.10(b) must be located as uniformlyas 
practicable along the cargo tank length. Large inboard extensionsof 
individual double side and double bottom tanks, which result in 
areduction of overall side or bottom protection, must be avoided.
    (d) A vessel of less than 10,000 DWT that is constructed 
andcertificated for service exclusively on inland or limited 
shortprotected coastwise routes must be fitted with double sides and 
adouble bottom as follows:
    (1) A minimum of 61 cm. (2 ft.) from the inboard side of the 
sideshell plate, extending the full depth of the side or from the 
maindeck to the top of the double bottom, measured at right angles to 
theside shell; and
    (2) A minimum of 61 cm. (2 ft.) from the top of the bottom 
shellplating, along the full breadth of the vessel's bottom, measured 
atright angles to the bottom shell.
    (3) For a vessel to which paragraph (a)(4) of this sectionapplies, 
the width of the double sides and the depth of the doublebottom may be 
38 cm. (15 in.), in lieu of the dimensions specified inparagraphs (d)(1) 
and (d)(2) of this section, provided that the doubleside and double 
bottom tanks were fitted under a construction orconversion contract 
awarded prior to June 30, 1990.
    (4) For a vessel built under a contract awarded after September11, 
1992, a minimum 46 cm. (18 in.) clearance for passage betweenframing 
must be maintained throughout the double sides and doublebottom.
    (e) Except as provided in paragraph (e)(3) of this section, avessel 
must not carry any oil in any tank extending forward of:
    (1) The collision bulkhead; or
    (2) In the absence of a collision bulkhead, the transverse 
planeperpendicular to the centerline through a point located:
    (i) The lesser of 10 meters (32.8 ft.) or 5 percent of the 
vessellength, but in no case less than 1 meter (39 in.), aft of the 
forwardperpendicular;
    (ii) On a vessel of less than 10,000 DWT tons that is constructedand 
certificated for service exclusively on inland or limited shortprotected 
coastwise routes, the lesser of 7.62 meters (25 ft.) or 5percent of the 
vessel length, but in no case less than 61 cm. (2 ft.),aft of the 
headlog or stem at the freeboard deck; or
    (iii) On each vessel which operates exclusively as a box or 
trailbarge, 61 cm. (2 ft.) aft of the headlog.
    (3) This paragraph does not apply to independent fuel oil tanksthat 
must be located on or above the main deck within the areasdescribed in 
paragraphs (e)(1) and (e)(2) of this section to serveadjacent deck 
equipment that cannot be located further aft. Such tanksmust be as small 
and as far aft as is practicable.
    (f) On each vessel, the cargo tank length must not extend aft toany 
point closer to the stern than the distance equal to the requiredwidth 
of the double side, as prescribed in Sec. 157.10d(c)(1) or Sec. 
157.10d(d)(1).

[CGD 90-051, 57 FR 36239, Aug. 12, 1992, as amended byUSCG-1999-6164, 65 
FR 39262, June 23, 2000]



Sec. 157.11  Pumping, piping and discharge arrangements.

    (a) Each tank vessel must have a fixed piping system fortransferring 
oily mixtures from cargo tanks to slop tanks and fordischarging oily 
mixtures to the sea and to reception facilities. On avessel that has two 
or more independent piping arrangements, thearrangements collectively 
form the fixed piping system required bythis paragraph.
    (b) Each fixed piping system required by paragraph (a) of 
thissection must have:
    (1) At least two manifolds on the weather deck for transferringoily 
mixtures to reception facilities, one of which is on the portside of the 
vessel and one of which is on the starboard side; and
    (2) Except as provided in paragraph (c) of this section, at leastone 
discharge point that:
    (i) Is used for discharges to the sea;

[[Page 494]]

    (ii) Is on a port or starboard weather deck or on thevessel's side 
above the waterline of its deepest ballast condition;and
    (iii) Has an automatic stop valve that is actuated by a cargomonitor 
signal, except that manual valves may be provided on newvessels of less 
than 4,000 tons deadweight and on existing vessels.
    (c) An above waterline discharge point is not required on anexisting 
vessel if its fixed piping system meets Paragraphs 3 and 4 ofAppendix E 
of this part.
    (d) Each tank vessel under Sec. 157.09,Sec. 157.10a, or Sec. 
157.10b that carries crudeoil must have:
    (1) Equipment that drains each cargo pump and oil piping line ofoil 
residue;
    (2) Oil piping lines for the draining of oil residue from cargopumps 
and other oil piping lines to a cargo tank or a slop tank; and
    (3) An oil piping line that meets paragraph (f) of this sectionand 
is connected to the cargo discharge piping on the outboard side ofthe 
manifold valves for the draining of oil residue from cargo pumpsand 
other oil piping lines to a receptacle on the shore.
    (e) Each tank vessel under Sec. 157.10 must have:
    (1) Oil piping lines that are designed and installed to minimizeoil 
retention in those lines;
    (2) Equipment that drains each cargo pump and oil piping line ofoil 
residue;
    (3) Oil piping lines for the draining of oil residue from cargopumps 
and other oil piping lines to a cargo tank or slop tank; and
    (4) An oil piping line that meets paragraph (f) of this sectionand 
is connected to the cargo discharge piping on the outboard side ofthe 
manifold valves for the draining of oil residue from cargo pumpsand 
other oil piping lines to a receptacle on the shore.
    (f) Each oil piping line under paragraph (d)(3) or (e)(4) of 
thissection must have a cross-sectional area of 10 percent or less of 
thecross-sectional area of the main cargo discharge piping line, 
exceptif the oil piping line under paragraph (d)(3) of this section 
isinstalled before January 1, 1980, that piping line may have a cross-
sectional area of 25 percent or less of the cross-sectional area ofthe 
main cargo discharge piping line.
    (g) Each tank vessel to which Sec. 157.10d applies thatis built 
under a contract awarded after September 11, 1992 must bearranged so 
that:
    (1) Except for short lengths of completely welded (or 
equivalent)piping,
    (i) Ballast piping and other piping to ballast tanks, such 
assounding and vent piping, do not pass through cargo tanks, and
    (ii) Cargo piping and other piping to cargo tanks do not passthrough 
ballast tanks;
    (2) Suction wells in cargo tanks that protrude into the doublebottom 
are as small as practicable and extend no closer to the bottomshell 
plating than 0.5h, as specified inSec. 157.10d(c)(2) or Sec. 
157.10d(d)(2), asapplicable; and
    (3) On a vessel that is constructed and certificated for 
serviceexclusively on inland, Great Lakes, or limited short 
protectedcoastwise routes, any oil piping that is located within double 
hullspaces must be placed as far from the outer shell as is 
practicableand must be fitted with valves at the point of connection to 
the tankserved, to prevent oil outflow in the event of damage to the 
piping.Such valves must be closed whenever the vessel is underway with 
anyoil in tanks served by the associated piping, except as 
necessaryduring transfer operations.
    Note: Piping location requirements for an oceangoing vesselare in 
Sec. 157.19(d). Related operating requirements are inSec. 157.45.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 80-78, 45 FR 
43704, June 30, 1980; CGD 77-058b, 45FR 43708, June 30, 1980; CGD 79-
152, 45 FR 82250, Dec. 15,1980; CGD 76-088b, 48 FR 45720, Oct. 6, 1983; 
CGD90-051, 57 FR 36244, Aug. 12, 1992;USCG-2000-7641, 66 FR 55573, Nov. 
2, 2001]



Sec. 157.12  Cargo monitor and control system.

    (a) Each vessel must have, for each type of cargo oil that 
itcarries, at least one cargo monitor that is designed for use with 
thatoil.
    (b) Each monitor installed on a U.S. vessel must be approved under46 
CFR 162.050. Each monitor installed on a foreign vessel must beapproved:
    (1) Under 46 CFR 162.050; or

[[Page 495]]

    (2) As meeting IMO Resolution A.393(X) by a country that hasratified 
the MARPOL 73/78.
    (c) Each monitor must be installed in accordance with Paragraphs4, 
5, and 6 of Appendix F to this part and be fitted with the controlsystem 
prescribed by paragraphs 6.1.4.2 through 6.1.4.5.5 of thatappendix.

[CGD 76-088b, 48 FR 45720, Oct. 6, 1983, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.13  Designated observation area.

    Each new vessel must have a designated observation area on 
theweather deck or above that is:
    (a) Located where the effluent from each discharge point andmanifold 
described in Sec. 157.11 can be visually observed;and
    (b) Equipped with:
    (1) A means to directly stop the discharge of effluent into thesea; 
or
    (2) A positive communication system, such as a telephone or aradio, 
between the observation area and the discharge controlposition.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 76-088b, 48 FR 
45720, Oct. 6, 1983]



Sec. 157.15  Slop tanks in tank vessels.

    (a) Number. A tank vessel must have the following number ofslop 
tanks that comply with the requirements of this section:
    (1) A new vessel of less than 70,000 tons DWT and an existingvessel 
must have at least one slop tank.
    (2) A new vessel of 70,000 tons DWT or more must have at least 
twoslop tanks.
    (b) Capacity. Slop tanks must have the total capacity toretain oily 
mixtures from cargo tank washings, oil residue, andballast water 
containing an oily mixture of 3 percent or more of theoil carrying 
capacity. Two percent capacity is allowed if thereare--
    (1) Segregated ballast tanks that meet the requirements inSec. 
157.09, Sec. 157.10, Sec. 157.10a,or Sec. 157.10b; or
    (2) No eductors arrangements that use water in addition to 
thewashing water.
    (c) Design. A slop tank required in this section:
    (1) Must minimize turbulence, entrainment of oil, and the creationof 
an emulsion by the use of separate inlet and outlet connections;and
    (2) May carry bulk oil when not being used as a slop tank.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975]

    Editorial Note: For Federal Register citationsaffecting Sec. 
157.15, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 157.17  Oil residue (sludge) tank.

    (a) A tank vessel of 400 gross tons or more must have a tank 
thatreceives and holds oil residue resulting from purification of fuel 
andlubricating oil and from oil leakages in machinery spaces.
    (b) Each oil residue (sludge) tank required in paragraph (a) ofthis 
section must have an adequate capacity that is determined by the:
    (1) Type of machinery installed on the vessel; and
    (2) Maximum fuel oil capacity.
    (c) Each oil residue (sludge) tank on a new vessel must bedesigned 
to facilitate:
    (1) Cleaning; and
    (2) Discharging to a reception facility.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 80-78, 45 FR 
43704, June 30, 1980;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.19  Cargo tank arrangement and size.

    (a) This section applies to:
    (1) A U.S. or foreign vessel that is delivered after January 1,1977;
    (2) A U.S. vessel that is delivered before January 1, 1977, forwhich 
the building contract is awarded after January 1, 1972, or, ifthere is 
no building contract, the keel is laid or the vessel is at asimilar 
stage of construction after June 30, 1972; and
    (3) A foreign vessel that is delivered before January 1, 1977, 
forwhich the building contract is awarded after January 1, 1974, or, 
ifthere is no building contract, the keel is laid or the vessel is at 
asimilar stage of construction after June 30, 1974.
    (b) As determined in accordance with the procedures contained 
inAppendix

[[Page 496]]

A of this part, each cargo tank must be of such size andarrangement 
that:
    (1) The hypothetical outflow for side damage (Oc) orfor 
bottom damage (Os) anywhere within the length of thevessel 
must not exceed OA (30,000 cubic meters or (400)x(3[radic] 
DWT) whichever is greater, limited to a maximum of40,000 cubic meters);
    (2) The volume of each wing tank and center tank is less than 
theallowable volume of a wing tank (VOLW) and the 
allowablevolume of a center tank (VOLC) respectively; and
    (3) The length of a tank is less than the allowable length of atank 
(la).
    (c) If a cargo transfer system interconnects two or more cargotanks, 
the system must have valves to segregate the tanks from eachother.
    (d) If a line of piping that runs through a cargo tank in aposition 
less than tc from the vessel's side or less thanvs 
from the vessel's bottom as defined in Appendix A ofthis part, has a 
branch, that branch must have a stop valve:
    (1) Within each cargo tank into which the branch opens; or
    (2) Outside each tank into which the branch opens in a locationthat 
is immediately adjacent to the point at which the branch entersthe tank.
    (e) If piping that serves suction wells is installed within adouble 
bottom, that piping must be:
    (1) Fitted with valves located at the point of connection to thetank 
served to prevent oil outflow in the event of damage to thepiping; and
    (2) Designed to be installed as high from the bottom shell 
aspossible.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 75-240, 41 FR 
54180, Dec. 13, 1976; CGD 76-088b, 48FR 45720, Oct. 6, 1983; USCG-2000-
7223, 65 FR 40058,June 29, 2000]



Sec. 157.21  Subdivision and stability.

    A new vessel that is a U.S. vessel must meet the 
followingsubdivision and damage stability criteria after assuming side 
andbottom damages, as defined in Appendix B of this Part. A U.S. 
vesselthat meets the requirements in this section is considered by the 
CoastGuard as meeting 46 CFR 42.20-5.
    (a) The final waterline, taking into account sinkage, heel, andtrim, 
must be below the lower edge of an opening through whichprogressive 
flooding may take place, such as an air pipe, or anyopening that is 
closed by means of a weathertight door or hatch cover.This opening does 
not include an opening closed by a:
    (1) Watertight manhole cover;
    (2) Flush scuttle;
    (3) Small watertight cargo tank hatch cover that maintains thehigh 
integrity of the deck;
    (4) Remotely operated watertight sliding door; or
    (5) Side scuttle of the non-opening type.
    (b) In the final stage of flooding, the angle of heel due 
tounsymmetrical flooding must not exceed 25 degrees, except that 
thisangle may be increased to 30 degrees if no deck edge immersion 
occurs.
    (c) For acceptable stability in the final stage of flooding, 
therighting lever curve must have a range of at least 20 degrees 
beyondthe position of equilibrium in association with a maximum 
residualrighting lever of at least 0.1 meter. For the calculations 
required inthis section, weathertight openings or openings fitted with 
automaticclosures (e.g., a vent fitted with a ball check valve), need 
not beconsidered as points of downflooding within the range of 
residualstability, but other openings must be accounted for in 
thecalculation.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 75-240, 41 FR 
54180, Dec. 13, 1976]



Sec. 157.22  Intact stability requirements.

    All tank ships of 5,000 DWT and above contracted after December 
3,2001 must comply with the intact stability requirements of 
Regulation25A, Annex I MARPOL 73/78.

[USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.23  Cargo and ballast system information.

    (a) Each tank vessel to which this part applies must have 
aninstruction manual that describes the automatic and manual operationof 
the cargo and ballast system in the vessel.
    (b) The format and information contained in the instruction 
manualrequired in paragraph (a) of this section

[[Page 497]]

must be similar to themanual entitled ``Clean Seas Guide for Oil 
Tankers'' whichcan be obtained from the International Chamber of 
Shipping,30-32 St. Mary Axe, London, England, EC3A 8ET.



Sec. 157.24  Submission of calculations, plans, and specifications.

    The owner, builder or designer of a new vessel to which this 
partapplies shall submit the documentation specified in this section 
tothe Coast Guard before that vessel enters the navigable waters of 
theUnited States. The owner, builder, or designer of a vessel that 
mustcomply with Sec. 157.10d shall submit the documentationspecified in 
this section to the Coast Guard before that vessel entersthe navigable 
waters of the United States or the U.S. ExclusiveEconomic Zone.
    (a) Calculations to substantiate compliance with the tankarrangement 
and size requirements under Sec. 157.19, or aletter from the government 
of the vessel's flag state that certifiescompliance with:
    (1) Section 157.19; or
    (2) Regulations 24 of Annex I of the International Convention forthe 
Prevention of Pollution from Ships, 1973.
    (b) Except for a new vessel that is a foreign vessel, calculationsto 
substantiate compliance with subdivisions and damage 
stabilityrequirements under Sec. 157.21.
    (c) Plans and calculations to substantiate compliance with 
theapplicable segregated ballast and double hull requirements 
inSec. Sec. 157.09, 157.10, 157.10a, 157.10b, or 157.10d, 
orcertification from the government of the vessel's flag state that 
thevessel complies with the segregated ballast and double 
hullrequirements in:
    (1) Sections 157.09, 157.10, 157.10a, 157.10b, or 157.10d, 
asapplicable; or
    (2) For a vessel to which Sec. 157.10d does not apply,Regulations 
13 and 13E of the MARPOL 73/78.
    (d) Plans and specifications for the vessel that include:
    (1) Design characteristics;
    (2) A lines plan;
    (3) Curves of form (hydrostatic curves) or hydrostatic tables;
    (4) A general arrangement plan of each deck and level;
    (5) Inboard and outboard profile plans showing oiltight 
andwatertight bulkheads;
    (6) A midship section plan;
    (7) A capacity plan showing the capacity and the vertical 
andlongitudinal centers of gravity of each cargo space, tank, and 
similarspace;
    (8) Tank sounding tables or tank capacity tables;
    (9) Draft mark locations;
    (10) Detailed plans of watertight doors; and
    (11) Detailed plans of vents.

[CGD 75-240, 41 FR 54180, Dec. 13, 1976, as amended byCGD 77-058b, 45 FR 
43708, June 30, 1980; CGD 79-152, 45FR 82250, Dec. 15, 1980; CGD 90-051, 
57 FR 36244, Aug. 12,1992; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.24a  Submission of calculations, plans, and specifications for existingvessels installing segregated ballast tanks.

    (a) Before modifications are made to a U.S. tank vessel to meetSec. 
157.10a(a)(1), Sec. 157.10a(c)(1),Sec. 157.10c(b)(1), or Sec. 
157.10c(c)(1), thevessel's owner or operator must submit the following 
to the Officer inCharge, Marine Inspection, of the zone where the 
modification will bemade or to the appropriate Coast Guard technical 
office listed in157.100(b):
    (1) A drawing or diagram of the pumping and piping system for 
thesegregated ballast tanks.
    (2) A drawing of the segregated ballast tank arrangement.
    (3) Documentation, calculations, or revised stability informationto 
show that the vessel, with the addition of the segregated ballasttanks, 
meets the stability standards for load line assignment in 46CFR Part 42.
    (4) Documentation, calculations, or a revised loading manual toshow 
that the vessel, with the addition of the segregated ballasttanks, meets 
the structural standards in 46 CFR Part 32.
    (5) Plans and calculations to show that the vessel, as 
modified,complies with the segregated ballast capacity and 
distributionrequirements in Sec. 157.10a.
    (b) Before each foreign vessel under Sec. 157.10a(a)(1)or Sec. 
157.10a(c)(1) enters the navigable waters of theUnited States, the owner 
or operator of that vessel must--

[[Page 498]]

    (1) Submit to the Commandant (CG-543), U.S. Coast Guard,Washington, 
D.C. 20593-0001--
    (i) A letter from the authority that assigns the load line to 
thevessel finding that the location of the segregated ballast tanks 
isacceptable; and
    (ii) Plans and calculations to substantiate compliance with 
thesegregated ballast capacity requirements in Sec. 157.09(b);or
    (2) Submit to the Officer in Charge, Marine Inspection, of thezone 
in which the first U.S. port call is made, a letter or documentfrom the 
government of vessel's flag state certifying that the vesselcomplies 
with the segregated ballast capacity requirements inSec. 157.09(b) or 
Regulation 13 of the MARPOL 73/78.
    (c) On January 1, 1986, or 15 years after the date it wasdelivered 
to the original owner, or 15 years after the completion of amajor 
conversion, whichever is later, before that vessel enters thenavigable 
waters of the United States, the owner or operator of anexisting foreign 
vessel under Sec. 157.10c(b)(1) orSec. 157.10c(c)(1) must--
    (1) Submit to the Commandant (CG-543), U.S. Coast Guard,Washington, 
D.C. 20593-0001--
    (i) A letter from the authority that assigns the load line to 
thevessel finding that the location of the segregated ballast tanks 
isacceptable; and
    (ii) Plans and calculations to substantiate compliance with 
theapplicable segregated ballast capacity requirements inSec. 157.09(b) 
or Sec. 157.10c(d); or
    (2) Submit to the Officer in Charge, Marine Inspection, of thezone 
in which the first U.S. port call is made a letter from anauthorized CS 
or the government of the vessel's flag state certifyingthat the vessel 
complies with the segregated ballast capacityrequirements in Sec. 
157.09(b) or Sec. 157.10c(d).

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11626 and 11630, Mar. 22, 1985, asamended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD96-026, 61 FR 33668, June 28, 
1996;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001;USCG-2006-25150, 71 FR 
39210, July 12, 2006]



                       Subpart C_Vessel Operation



Sec. 157.25  Applicability of subpart C.

    (a) This subpart applies to each vessel to which this part appliesof 
150 gross tons or more, unless otherwise indicated, that carriescrude 
oil or products in bulk as cargo. This subpart does not apply toa 
foreign vessel which remains beyond the navigable waters of theUnited 
States and does not transfer oil cargo at a port or placesubject to the 
jurisdiction of the United States.
    (b) Sections 157.29, 157.31, 157.37(a)(5), 157.37(a)(6) and 
157.43apply to foreign vessels when they discharge into the navigable 
watersof the United States.
    (c) Sections 157.35, 157.37, except paragraphs (a)(5) and 
(a)(6),157.39, 157.45, and 157.47 do not apply to foreign vessels.

[CGD 76-088b, 48 FR 45720, Oct. 6, 1983, as amended byCGD 90-051, 57 FR 
36244, Aug. 12, 1992]



Sec. 157.26  Operation of a tank vessel in violation of regulations.

    No person may cause or authorize the operation of a tank vessel 
inviolation of the regulations in this part.

[CGD 77-058b, 45 FR 43708, June 30, 1980]



Sec. 157.27  Discharges: Tank vessels carrying oil exclusively on rivers,lakes, bays, sounds, and the Great Lakes, and seagoing tank vessels ofless than 150 
          gross tons.

    Unless a tank vessel carrying oil exclusively on rivers, lakes,bays, 
sounds, and the Great Lakes, or a seagoing tank vessel of lessthan 150 
gross tons discharges clean ballast or segregated ballast,the vessel 
must:
    (a) Retain on board any oily mixture; or
    (b) Transfer an oily mixture to a reception facility.



Sec. 157.28  Discharges from tank barges exempted from certain designrequirements.

    The person in charge of a tank barge exempted underSec. 157.08(g) 
from the requirements inSec. Sec. 157.11, 157.13, 157.15, and 157.23 
shall ensurethat while the barge is proceeding en route:
    (a) Cargo tanks are not ballasted or washed; and

[[Page 499]]

    (b) Oil or oily mixtures are not discharged.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 76-088b, 48 FR 
45721, Oct. 6, 1983; CGD 90-051, 57FR 36244, Aug. 12, 1992]



Sec. 157.29  Discharges: Seagoing tank vessels of 150 gross tons or more.

    Unless a seagoing tank vessel of 150 gross tons or more dischargesan 
oily mixture in compliance with the requirements inSec. 157.37, Sec. 
157.39, orSec. 157.43, the vessel must:
    (a) Retain the mixture; or
    (b) Transfer the mixture to a reception facility.



Sec. 157.31  Discharges: Chemical additives.

    No person may use a chemical additive to circumvent the 
dischargerequirements in Sec. Sec. 157.27, 157.29, 157.37, 157.39,and 
157.43.



Sec. 157.33  Water ballast in fuel oil tanks.

    A new vessel may not carry ballast water in a fuel oil tank.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byUSCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]



Sec. 157.35  Ballast added to cargo tanks.

    The master of a tank vessel with segregated ballast tanks 
ordedicated clean ballast tanks under Sec. 157.09,Sec. 157.10, Sec. 
157.10a(a)(1),Sec. 157.10a(b), Sec. 157.10a(c),Sec. 157.10b(a), Sec. 
157.10c(b)(1), orSec. 157.10c(c) shall ensure that ballast water is 
carriedin a cargo tank only if--
    (a) The vessel encounters abnormally severe weather conditions;
    (b) More ballast water than can be carried in segregated 
ballasttanks or dedicated clean ballast tanks is necessary for the 
safety ofthe vessel;
    (c) The ballast water is processed and discharged in compliancewith 
Sec. 157.37; and
    (d) On a new vessel under Sec. 157.10 that carries crudeoil, the 
ballast water is only carried in a cargo tank that is crudeoil washed in 
accordance with Subpart D of this part during or afterthe most recent 
discharge of crude oil from that tank.

[CGD 77-058b, 45 FR 43708, June 30, 1980, as amended byCGD 82-28, 50 FR 
11626, Mar. 22, 1985]



Sec. 157.37  Discharge of oily mixtures from oil cargoes.

    (a) A tank vessel may not discharge an oily mixture into the seafrom 
a cargo tank, slop tank, or cargo pump room bilge unless thevessel:
    (1) Is more than 50 nautical miles from the nearest land;
    (2) Is proceeding en route;
    (3) Is discharging at an instantaneous rate of oil content 
notexceeding 30 liters per nautical mile;
    (4) Is an existing vessel and the total quantity of oil 
dischargedinto the sea does not exceed 1/15,000 of the total quantity of 
thecargo that the discharge formed a part, or is a new vessel and 
thetotal quantity of oil discharged into the sea does not exceed 1/
30,000of the total quantity of the cargo that the discharge formed a 
part;
    (5) Discharges:
    (i) Through the above waterline discharge point described inSec. 
157.11(b)(2);
    (ii) In accordance with paragraph 5 of appendix E to this part, 
ifthe vessel is an existing vessel with a Part Flow System meeting 
thatappendix; or
    (iii) Below the waterline in accordance with paragraph (e) of 
thissection;
    (6) Has in operation a cargo monitor and control system requiredby 
Sec. 157.12 that is designed for use with the oilymixture being 
discharged, except that the system may be operatedmanually if:
    (i) The automatic system fails during a ballast voyage;
    (ii) The failure is recorded in the Oil Record Book;
    (iii) The master ensures that the discharge is constantlymonitored 
visually and promptly terminated when oil is detected in thedischarge; 
and
    (iv) The system is operated manually only until the ballast voyageis 
completed; and
    (7) Is outside the ``Special Areas'' defined inRegulation 1.11 of 
Annex I to the MARPOL 73/78.
    (b) A seagoing tank vessel of 150 gross tons or more that 
carriesasphalt

[[Page 500]]

or other products whose physical properties inhibiteffective product/
water separation and monitoring must transfer alloil cargo residues and 
tank washings from such cargoes to a receptionfacility.
    (c) Each cargo monitor must be maintained and operated inaccordance 
with its instructions manual.
    (d) All discharge data recorded by a cargo monitor must beretained 
for at least three years. The data for the most recent yearmust be 
retained on board the vessel.
    (e) Ballast water containing an oily mixture may be dischargedbelow 
the waterline at sea by gravity if--
    (1) The ballast is not from a slop tank;
    (2) Examination with an oil-water interface detector shows thatoil-
water separation has taken place; and
    (3) The oil layer is high enough in the tank so that it will notbe 
discharged.

(The information collection requirement contained in paragraph(d) of 
this section was approved by the Office of Management andBudget under 
control number 1625-0041)

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 76-088b, 48 FR 
45721, Oct. 6, 1983;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001;USCG-2006-
25150, 71 FR 39210, July 12, 2006;USCG-2008-0179, 73 FR 35015, June 19, 
2008]



Sec. 157.39  Machinery space bilges.

    (a) A tank vessel may discharge an oily mixture from a 
machineryspace bilge that is combined with an oil cargo residue if the 
vesseldischarges in compliance with Sec. 157.37.
    (b) A tank vessel may discharge an oily mixture from a 
machineryspace bilge that is not combined with an oil cargo residue if 
thevessel:
    (1) Is proceeding en route;
    (2) Is discharging an effluent with an oil content of less than 
15parts per million; and
    (3) Has in operation an oil discharge monitoring and controlsystem 
approved by the Coast Guard (specification regulation to beproposed) and 
oil water separating equipment approved by the CoastGuard (specification 
regulation to be proposed).

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byUSCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]



Sec. 157.41  Emergencies.

    Sections 157.27, 157.29, 157.37, and 157.39 do not apply to a 
tankvessel that discharges into the sea oil or oily mixtures:
    (a) For the purpose of securing the safety of the vessel or 
forsaving life at sea; or
    (b) As a result of damage to the vessel or its equipment if:
    (1) Reasonable precautions are taken after the occurrence of 
thedamage or discovery of the discharge for the purpose of preventing 
orminimizing the discharge; and
    (2) The owner, master or person in charge did not intend to 
causedamage, or did not act recklessly and with knowledge that damage 
ofthe environment would probably result.



Sec. 157.43  Discharges of clean and segregated ballast: Seagoing tank vesselsof 150 gross tons or more.

    (a) Clean ballast may not be discharged overboard unless 
thedischarge is verified as clean ballast through use of an 
approvedcargo monitor or, if discharged before the required cargo 
monitorinstallation date, by visual examination of the ballast 
contentsimmediately before discharge. This paragraph applies to 
discharges ofclean ballast:
    (1) From dedicated clean ballast tanks; and
    (2) Into the navigable waters of the United States from any 
othertank.
    (b) Segregated ballast may not be discharged overboard unless 
avisual examination, or a test of the ballast contents with anoil/water 
interface detector, immediately before the discharge showsthat there is 
no oily mixture in the ballast. Use of a cargo monitoris not required. 
This paragraph applies to discharges of segregatedballast:
    (1) Into the navigable waters of the United States; and
    (2) Below the waterline at sea from an existing vessel that doesnot 
have an above the waterline discharge point for segregatedballast.
    (c) All discharges of clean ballast and segregated ballast must 
bethrough an above waterline discharge point described inSec. 
157.11(b)(2), except that:

[[Page 501]]

    (1) A vessel may discharge clean ballast and segregatedballast below 
the waterline when in port or at an offshore terminal.
    (2) A vessel may discharge clean ballast and segregated ballast 
atsea by gravity below the waterline.
    (3) An existing vessel that does not have above waterlinedischarge 
points for dedicated clean ballast tanks may discharge cleanballast from 
those tanks below the waterline at sea.
    (4) An existing vessel that does not have above waterlinedischarge 
points for segregated ballast tanks may discharge segregatedballast 
below the waterline at sea.
    (d) This section applies only to seagoing tank vessels of 150gross 
tons or more.

[CGD 76-088b, 48 FR 45721, Oct. 6, 1983; 48 FR 46985,Oct. 17, 1983; 
USCG-2000-7641, 66 FR 55573, Nov. 2,2001]



Sec. 157.45  Valves in cargo or ballast piping system.

    When a tank vessel is at sea and the tanks contain oil, valves 
andclosing devices in the cargo or ballast piping system or in 
thetransfer system must be kept closed except they may be opened 
forcargo or ballast transfer to trim the vessel.



Sec. 157.47  Information for master.

    A master or person in charge of a new vessel shall operate thevessel 
in accordance with the information required in 46 CFR31.10-30(d) that 
includes the following:
    (a) Stability information.
    (b) Damage stability information determined in accordance with 
thecriteria contained in Appendix B of this part.
    (c) Loading and distribution of cargo information determined 
incompliance with the damage stability criteria required in Appendix Bof 
this part.

[CGD 74-32, 40 FR 48283, Oct. 14, 1976, as amended byCGD 75-240, 41 FR 
54180, Dec. 13, 1976]



Sec. 157.49  Instruction manual.

    The master of a tank vessel shall ensure that the instructionmanual 
under Sec. 157.23 is available and used when thecargo or ballast 
systems are operated.



        Subpart D_Crude Oil Washing (COW) System on Tank Vessels

    Source: CGD 77-058b, 45 FR 43709, June 30, 1980,unless otherwise 
noted.

                                 General



Sec. 157.100  Plans for U.S. tank vessels: Submission.

    (a) Before each U.S. tank vessel having a COW system underSec. 
157.10(e), Sec. 157.10a(a)(2), orSec. 157.10c(b)(2) is inspected 
underSec. 157.140, the owner or operator of that vessel mustsubmit to 
the Coast Guard plans that include--
    (1) A drawing or diagram of the COW pumping and piping system 
thatmeets 46 CFR 56.01-10(d);
    (2) The design of each COW machine;
    (3) The arrangement, location, and installation of the COWmachines; 
and
    (4) Except as allowed in Sec. 157.104, the projecteddirect 
impingement pattern of crude oil from the nozzles of the COWmachines on 
the surfaces of each tank, showing the surface areas notreached by 
direct impingement.
    (b) Plans under paragraph (a) of this section must be submitted 
tothe Officer in Charge, Marine Inspection, of the zone in which the 
COWsystem is installed or to the Commanding Officer, U.S. Coast 
GuardMarine Safety Center, 2100 2nd Street, SW., Jemal Building,JR10-
0525, Washington, DC 20593-0001.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11626 and 11630, Mar. 22, 1985; CDG85-048a, 51 FR 15481, Apr. 24, 
1986;USCG-1998-3799, 63 FR 35531, June 30, 1998;USCG-2006-25150, 71 FR 
39210, July 12, 2006;USCG-2008-0179, 73 FR 35015, June 19, 2008]



Sec. 157.102  Plans for foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel having a COWsystem 
under Sec. 157.10(e), Sec. 157.10a(a)(2),or Sec. 157.10c(b)(2), 
desires the letter from the CoastGuard under Sec. 157.106 accepting the 
plans submitted underthis paragraph, the owner or operator must submit 
to the Commandant(CG-543),

[[Page 502]]

U.S. Coast Guard, Washington, DC 20593-0001,plans that include--
    (a) A drawing or diagram of the COW pumping and piping system 
thatmeets 46 CFR 56.01-10(d);
    (b) The design of each COW machine;
    (c) The arrangement, location, and installation of the COWmachines; 
and
    (d) Except as allowed in Sec. 157.104, the projecteddirect 
impingement pattern of crude oil from the nozzles of the COWmachines on 
the surfaces of each tank, showing the surface areas notreached by 
direct impingement.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11627 and 11630, Mar. 22, 1985; CGD88-052, 53 FR 25122, July 1, 1988; 
CGD 96-026, 61 FR33668, June 28, 1996; USCG-2006-25150, 71 FR 39210, 
July12, 2006]



Sec. 157.104  Scale models.

    If the pattern under Sec. 157.100(a)(4) orSec. 157.102(d) cannot 
be shown on a plan, a scale model ofeach tank must be built for Coast 
Guard inspection to simulate, by apinpoint of light, the projected 
direct impingement pattern on thesurfaces of the tank.



Sec. 157.106  Letter of acceptance.

    The Coast Guard informs the submitter by letter that the 
planssubmitted under Sec. 157.100 or Sec. 157.102 areaccepted if:
    (a) The plans submitted show that the COW system meets thissubpart; 
or
    (b) The plans submitted and the scale model underSec. 157.104 show 
that the COW system meets this subpart.



Sec. 157.108  Crude Oil Washing Operations and Equipment Manual for U.S. tankvessels: Submission.

    Before each U.S. tank vessel having a COW system underSec. 
157.10(e), Sec. 157.10a(a)(2), orSec. 157.10c(b)(2) is inspected 
underSec. 157.140, the owner or operator of that vessel mustsubmit two 
copies of a manual that meets Sec. 157.138, tothe Officer in Charge, 
Marine Inspection, of the zone in which the COWsystem is installed or to 
the appropriate Coast Guard field technicaloffice listed in Sec. 
157.100(b).

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627, 11630, Mar. 22, 1985, asamended by USCG-2006-
25150, 71 FR 39210, July 12, 2006]



Sec. 157.110  Crude Oil Washing Operations and Equipment Manual for foreign tankvessels: Submission.

    If the owner or operator of a foreign tank vessel having a COWsystem 
under Sec. 157.10(e), Sec. 157.10a(a)(2),or Sec. 157.10c(b)(2) 
desires a Coast Guard approvedCrude Oil Washing Operations and Equipment 
Manual underSec. 157.112, the owner or operator must submit two 
copiesof a manual that meets Sec. 157.138 to the Commandant(CG-543), 
U.S. Coast Guard, Washington, DC 20593-1000.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, asamended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD96-026, 61 FR 33668, June 28, 
1996;USCG-2006-25150, 71 FR 39210, July 12, 2006]



Sec. 157.112  Approved Crude Oil Washing Operations and Equipment Manual.

    If the manuals submitted under Sec. 157.108 orSec. 157.110 meet 
Sec. 157.138, the Coast Guardapproves the manuals and forwards one of 
the approved manuals to thesubmitter.



Sec. 157.114  Crude Oil Washing Operations and Equipment Manual: Not approved.

    If the manuals submitted under Sec. 157.108 orSec. 157.110 are not 
approved, the Coast Guard forwards aletter to the submitter with the 
reasons why the manuals were notapproved.



Sec. 157.116  Required documents: U.S. tank vessels.

    The owner, operator, and master of a U.S. tank vessel having a 
COWsystem under Sec. 157.10(e), Sec. 157.10a(a)(2),or Sec. 
157.10c(b)(2) shall ensure that the vessel does notengage in a voyage 
unless the vessel has on board the following:
    (a) The Crude Oil Washing Operations and Equipment Manualthat--

[[Page 503]]

    (1) Is approved under Sec. 157.112; or
    (2) Bears a certification by an authorized CS that the 
manualcontains the information required under Sec. 157.138.
    (b) Evidence of acceptance of the tank vessel's COW systemconsisting 
of--
    (1) A document from an authorized CS that certifies the vesselmeets 
Sec. 157.10c(b)(2) and each amending letter by theauthorized CS 
approving changes in the design, equipment, orinstallation; or
    (2) The letter of acceptance under Sec. 157.106 and eachamending 
letter issued under Sec. 157.158(c).
    (c) Evidence that the COW system passed the required inspectionsby--
    (1) A document from an authorized CS that the vessel has passedthe 
inspections under Sec. 157.140; or
    (2) The letter of acceptance under Sec. 157.142 afterpassing the 
inspection under Sec. 157.140.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, asamended by USCG-
2006-25150, 71 FR 39210, July 12, 2006]



Sec. 157.118  Required documents: Foreign tank vessels.

    (a) The owner, operator, and master of a foreign tank vessel 
underSec. 157.10(e) or Sec. 157.10a(a)(2) shall ensurethat the vessel 
does not enter the navigable waters of the UnitedStates or transfer 
cargo at a port or place subject to thejurisdiction of the United States 
unless the vessel has onboard--
    (1) The Crude Oil Washing Operations and Equipment Manualthat--
    (i) Is approved under Sec. 157.112; or
    (ii) Meets the manual standards in Resolution 15 of the MARPOL73/78 
and bears the approval of the government of the vessel's flagstate; and
    (2) Either--
    (i) A document from the government of the vessel's flag state 
thatcertifies that the vessel complies with Resolution 15 of the 
MARPOL73/78; or
    (ii) The following letters issued by the Coast Guard:
    (A) The letter of acceptance issued under Sec. 157.106.
    (B) The letter of acceptance issued under Sec. 157.142.
    (C) Each amending letter issued under Sec. 157.158(c).
    (b) On January 1, 1986, or 15 years after the date it wasdelivered 
to the original owner or 15 years after the completion of amajor 
conversion, whichever is later, the owner, operator, and masterof a 
foreign vessel having a COW system underSec. 157.10c(b)(2) shall ensure 
that the vessel does notenter the navigable waters of the United States 
or transfer cargo at aport or place subject to the jurisdiction of the 
United States unlessthe vessel has on board--
    (1) The Crude Oil Washing Operations and Equipment Manualthat--
    (i) Is approved under Sec. 157.112; or
    (ii) Bears a certification by an authorized CS or the governmentof 
the vessel's flag state that the manual contains the informationrequired 
under Sec. 157.138;
    (2) Evidence that the COW system passed the required inspectionsby--
    (i) A document from an authorized CS or the government of 
thevessel's flag state certifying that the vessel passed the 
inspectionsunder Sec. 157.140; or
    (ii) The letter of acceptance under Sec. 157.142 afterpassing the 
inspection under Sec. 157.140; and
    (3) Either--
    (i) A document from an authorized CS or the government of 
thevessel's flag state certifying that the vessel complies with 
thedesign, equipment and installation standards inSec. Sec. 157.122 
through 157.136 and any amending lettersapproving changed COW system 
characteristics; or
    (ii) The letter of acceptance under Sec. 157.106 and anyamending 
letters issued under Sec. 157.158(c).

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, asamended by USCG-
2000-7641, 66 FR 55573, Nov. 2, 2001;USCG-2006-25150, 71 FR 39210, July 
12, 2006]



Sec. 157.120  Waiver of required documents.

    The Coast Guard waives the requirement for the letter underSec. 
157.116(b), if

[[Page 504]]

a U.S. tank vessel engages in avoyage, or under Sec. 157.118(b)(2)(ii), 
if a foreign tankvessel enters the navigable waters of the United States 
or transferscargo at a port or place subject to the jurisdiction of the 
UnitedStates, for the purpose of being inspected underSec. 157.140.

                   Design, Equipment, and Installation



Sec. 157.122  Piping, valves, and fittings.

    (a) Except as allowed in paragraph (o) of this section, thepiping, 
valves, and fittings of each COW system must:
    (1) Meet 46 CFR Part 56; and
    (2) Be of steel or an equivalent material accepted by theCommandant.
    (b) The piping of each COW system must be permanently installed.
    (c) The piping of each COW system must be separate from otherpiping 
systems on the vessel, except that the vessel's cargo pipingmay be a 
part of the COW piping if the cargo piping meets thissection.
    (d) The piping of each COW system must have overpressure 
reliefvalves or other means accepted by the Commandant to 
preventoverpressure in the piping of the COW system, unless the 
maximumallowable working pressure of that system is greater than the 
shut-offhead of each pump that meets Sec. 157.126(b).
    (e) Each overpressure relief valve must discharge into the 
suctionside of a pump that meets Sec. 157.126(b).
    (f) The piping and equipment of a COW system may not be inmachinery 
spaces.
    (g) Each hydrant valve for water washing in the piping of a 
COWsystem must:
    (1) Have adequate strength to meet 46 CFR Part 56 for the 
workingpressure for which the system is designed; and
    (2) Be capable of being blanked off.
    (h) Each sensing instrument must have an isolating valve at 
itsconnection to the piping of the COW system, unless the opening to 
thatconnection is 0.055 inches (1.4 millimeters) or smaller.
    (i) If the washing system for cargo tanks has a steam heater 
usedwhen water washing, it must be located outside the engine room 
andmust be capable of being isolated from the piping of the COW 
systemby:
    (1) At least two shut-off valves in the inlet piping and at leasttwo 
shut-off valves in the outlet piping; or
    (2) Blank flanges identifiable as being closed (e.g., 
spectacleflanges).
    (j) If the COW system has a common piping system for oil washingand 
water washing, that piping system must be designed to drain thecrude oil 
into a slop tank or a cargo tank.
    (k) The piping of a COW system must be securely attached to thetank 
vessel's structure with pipe anchors.
    (l) When COW machines are used as pipe anchors, there must beother 
means available for anchoring the piping if these machines areremoved.
    (m) There must be a means to allow movement of the COW systempiping 
as a result of thermal expansion and flexing of the tankvessel.
    (n) The supply piping attached to each deck mounted COW machineand 
each COW machine that is audio inspected underSec. 157.155(a)(4)(ii) 
must have a shut-off valve.
    (o) On combination carriers, piping of the COW system 
installedbetween each COW machine located in a cargo tank hatch cover 
and anadjacent location just outside the hatch coaming, may be flexible 
hosewith flanged connections that is acceptable by the Commandant.



Sec. 157.124  COW tank washing machines.

    (a) COW machines must be permanently mounted in each cargo tank.
    (b) The COW machines in each tank must have sufficient nozzleswith 
the proper diameter, working pressure, movement, and timing toallow the 
tank vessel to pass the inspections underSec. 157.140.
    (c) Each COW machine and its supply piping must be supported 
towithstand vibration and pressure surges.
    (d) There must be one portable drive unit available on board 
thevessel for every three COW machines that use portable drive 
unitsduring COW operations required by Sec. 157.160 before eachballast 
voyage.
    (e) Except as allowed in paragraph (f) of this section, each 
cargotank must have COW machines located to wash all horizontal 
andvertical areas of the

[[Page 505]]

tank by direct impingement, jet deflection,or splashing to allow the 
tank vessel to pass the inspections underSec. 157.140. The following 
areas in each tank must not beshielded from direct impingement by large 
primary structural membersor any other structural member determined to 
be equivalent to a largeprimary structural member by the Commandant when 
reviewing the planssubmitted under Sec. 157.100 or Sec. 157.102:
    (1) 90 percent or more of the total horizontal area of the:
    (i) Tank bottom;
    (ii) Upper surfaces of large primary structural members; and
    (iii) Upper surfaces of any other structural member determined tobe 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of the tanksides 
and swash bulkheads.
    (f) Each cargo tank on a vessel having a COW system underSec. 
157.10a(a)(2) or Sec. 157.10c(b)(2) withcomplicated internal structural 
members does not have to meetparagraph (e) of this section if the 
following areas of each cargotank are washed by direct impingement and 
the tank vessel can pass theinspections under Sec. 157.140:
    (1) 90 percent or more of the total horizontal area of all the:
    (i) Tank bottoms;
    (ii) Upper surfaces of large primary structural members; and
    (iii) Upper surfaces of any other structural member determined tobe 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of all the 
tanksides and swash bulkheads.
    (g) Each single nozzle COW machine that is mounted to the deckmust 
have a means located outside of the cargo tank that indicates thearc and 
rotation of the movement of the COW machine during COWoperations.
    (h) Each multi-nozzle COW machine that is mounted to the deck 
musthave a means located outside of the cargo tank that indicates 
themovement of the COW machine during COW operations.
    (i) Each COW machine mounted to or close to the bottom of a 
tankwithout a means located outside of the cargo tank that 
indicatesmovement of the machine must not be programmable.

    Notes: 1. In the calculations to meet Sec. 157.124(e) or (f), areas 
that are shielded from direct impingement bystructural members other 
than large primary structural members orswash bulkheads can be 
calculated as areas being washed by directimpingement.
    2. One or more types of COW machines could be used to meetSec. 
157.124 (e) or (f).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11627, Mar. 22, 1985]



Sec. 157.126  Pumps.

    (a) Crude oil must be supplied to the COW machines by COW 
systempumps or cargo pumps.
    (b) The pumps under paragraph (a) of this section must be 
designedand arranged with sufficient capacity to meet the following:
    (1) A sufficient pressure and flow is supplied to allow 
thesimultaneous operation of those COW machines designed to 
operatesimultaneously.
    (2) If an eductor is used for tank stripping, enough driving fluidis 
provided by the pumps to allow the eductor to meetSec. 157.128(a).
    (c) There must be means on the tank vessel to maintain thepressure 
under paragraph (b) of this section when shore terminal backpressure is 
less than the pressure under paragraph (b) of thissection.
    (d) The COW system must have two or more pumps that are capable 
ofsupplying oil to the COW machines.
    (e) The COW system must be designed to meet the requirements ofthis 
subpart with any one pump not operating.



Sec. 157.128  Stripping system.

    (a) Each tank vessel having a COW system underSec. 157.10(e), Sec. 
157.10a(a)(2), orSec. 157.10c(b)(2) must have a stripping system that 
isdesigned to remove crude oil from--
    (1) Each cargo tank at 1.25 times the rate at which all the 
COWmachines that are designed to simultaneously wash the bottom of 
thetank, are operating; and
    (2) The bottom of each tank to allow the tank vessel to pass 
theinspection under Sec. 157.140(a)(2).

[[Page 506]]

    (b) Each cargo tank must be designed to allow the level ofcrude oil 
in the tank to be determined by:
    (1) Hand dipping at the aftermost portion of the tank and threeother 
locations; or
    (2) Any other means accepted by the Commandant.
    (c) Each stripping system must have at least one of the 
followingdevices for stripping oil from each cargo tank:
    (1) A positive displacement pump.
    (2) A self-priming centrifugal pump.
    (3) An eductor
    (4) Any other device accepted by the Commandant.
    (d) There must be a means in the stripping system piping betweenthe 
device under paragraph (c) of this section and each cargo tank toisolate 
each tank from the device.
    (e) If the stripping system has a positive displacement pump or 
aself-priming centrifugal pump, the stripping system must have 
thefollowing:
    (1) In the stripping system piping:
    (i) A pressure gauge at the inlet connection to the pump; and
    (ii) A pressure gauge at the discharge connection to the pump.
    (2) At least one of the following monitoring devices to 
indicateoperation of the pump.
    (i) Flow indicator.
    (ii) Stroke counter.
    (iii) Revolution counter.
    (f) If the stripping system has an eductor, the stripping systemmust 
have:
    (1) A pressure gauge at each driving fluid intake and at 
eachdischarge; and
    (2) A pressure/vacuum gauge at each suction intake.
    (g) The equipment required under paragraphs (e) and (f) of 
thissection must have indicating devices in the cargo control room 
oranother location that is accepted by the Commandant.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11627, Mar. 22, 1985]



Sec. 157.130  Crude oil washing with more than one grade of crude oil.

    If a tank vessel having a COW system underSec. Sec. 157.10(e), 
157.10a(a)(2), or 157.10c(b)(2)carries more than one grade of crude oil, 
the COW system must becapable of washing the cargo tanks with the grades 
of crude oil thatthe vessel carries.

[CGD 82-28, 50 FR 11627, Mar. 22, 1985]



Sec. 157.132  Cargo tanks: Hydrocarbon vapor emissions.

    Each tank vessel having a COW system underSec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) withoutsufficient segregated ballast tanks or 
dedicated clean ballast tanksto allow the vessel to depart from any port 
in the United Stateswithout ballasting cargo tanks must have--
    (a) A means to discharge hydrocarbon vapors from each cargo tankthat 
is ballasted to a cargo tank that is discharging crude oil; or
    (b) Any other means accepted by the Commandant that 
preventshydrocarbon vapor emissions when the cargo tanks are ballasted 
inport.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.134  Cargo tank drainage.

    Each cargo tank must be designed for longitudinal and 
transversedrainage of crude oil to allow the tank vessel to pass the 
inspectionsunder Sec. 157.140.



Sec. 157.136  Two-way voice communications.

    Each tank vessel having a COW system underSec. 157.10(e), Sec. 
157.10a(a)(2), orSec. 157.10c(b)(2) must have a means that enables two-
wayvoice communications between the main deck watch required underSec. 
157.168 and each cargo discharge control station.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



Sec. 157.138  Crude Oil Washing Operations and Equipment Manual.

    (a) Each Crude Oil Washing Operations and Equipment Manualmust 
include the following information:
    (1) The text of the Annex of Resolution 15 of the MARPOL 73/78.
    (2) A line drawing of the tank vessel's COW system showing 
thelocations of pumps, piping, and COW machines.
    (3) A description of the COW system.
    (4) The procedure for the inspection of the COW system during 
COWoperations.

[[Page 507]]

    (5) Design characteristic information of the COW system thatincludes 
the following:
    (i) Pressure and flow of the crude oil pumped to the COW machines.
    (ii) Revolutions, number of cycles, and length of cycles of eachCOW 
machine.
    (iii) Pressure and flow of the stripping suction device.
    (iv) Number and location of COW machines operating simultaneouslyin 
each cargo tank.
    (6) The design oxygen content of the gas or mixture of gases thatis 
supplied by the inert gas system to each cargo tank.
    (7) The results of the inspections recorded when passing 
theinspections under Sec. 157.140.
    (8) Characteristics of the COW system recorded during the 
COWoperations when passing the inspections under Sec. 157.140that 
includes the following:
    (i) Pressure and flow of the crude oil pumped to the COW machines.
    (ii) Revolutions, number of cycles, and length of cycles of eachCOW 
machine.
    (iii) Pressure and flow of the stripping device.
    (iv) Number and location of COW machines operating simultaneouslyin 
each cargo tank.
    (9) The oxygen content of the gas or mixture of gases that 
issupplied by the inert gas system to each cargo tank recorded duringCOW 
operations when passing the inspections underSec. 157.140.
    (10) The volume of water used for water rinsing recorded duringCOW 
operations when passing the inspections underSec. 157.140.
    (11) The trim conditions of the tank vessel recorded during 
COWoperations when passing the inspections under Sec. 157.140.
    (12) The procedure for stripping cargo tanks of crude oil.
    (13) The procedure for draining and stripping the pumps and pipingof 
the COW system, cargo system, and stripping system after each crudeoil 
cargo discharge.
    (14) The procedure for crude oil washing cargo tanks that 
includesthe following:
    (i) The tanks to be crude oil washed to meetSec. 157.160.
    (ii) The order in which those tanks are washed.
    (iii) The single-stage or multi-stage method of washing each tank.
    (iv) The number of COW machines that operate simultaneously ineach 
tank.
    (v) The duration of the crude oil wash and water rinse.
    (vi) The volume of water to be used for water rinse in each tank.
    (15) The procedures and equipment needed to prevent leakage ofcrude 
oil from the COW system.
    (16) The procedures and equipment needed if leakage of crude oilfrom 
the COW system occurs.
    (17) The procedures for testing and inspecting the COW system 
forleakage of crude oil before operating the system.
    (18) The procedures and equipment needed to prevent leakage ofcrude 
oil from the steam heater under Sec. 157.122(i) to theengine room.
    (19) The number of crew members needed to conduct the following:
    (i) The discharge of cargo.
    (ii) The crude oil washing of cargo tanks.
    (iii) The simultaneous operations in paragraphs (a)(19) (i) and(ii) 
of this section.
    (20) A description of the duties of each crew member underparagraph 
(a)(19) of this section.
    (21) The procedures for ballasting and deballasting cargo tanks.
    (22) The step by step procedure for the inspection of the COWsystem 
by vessel personnel before COW operations begin that includesthe 
procedure for inspecting and calibrating each instrument.(Operational 
Checklist)
    (23) The intervals for on board inspection and maintenance of theCOW 
equipment. Informational references to technical manuals suppliedby the 
manufacturers may be included in this part of the manual.
    (24) A list of crude oils that are not to be used in COWoperations.
    (25) The procedure to meet Sec. 157.155(a)(4).
    (b) In addition to meeting paragraph (a) of this section, eachCrude 
Oil Washing Operations and Equipment Manual

[[Page 508]]

on a tankvessel having a COW system under Sec. 157.10a(a)(2) orSec. 
157.10c(b)(2) must include the following:
    (1) The procedure to meet Sec. 157.166.
    (2) The procedures to meet Sec. 157.155(b).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]

                               Inspections



Sec. 157.140  Tank vessel inspections.

    (a) Before issuing a letter under Sec. 157.142, theCoast Guard 
makes an initial inspection of each U.S. tank vesselhaving a COW system 
under Sec. 157.10(e),Sec. 157.10(a)(2), or Sec. 157.10c(b)(2) and 
eachforeign tank vessel whose owner or operator submitted the plans 
underSec. 157.102 to determine whether or not, when entering aport, the 
cargo tanks that carry crude oil meet the following:
    (1) After each tank is crude oil washed but not water rinsed,except 
the bottom of the tank may be flushed with water and stripped,each tank 
is essentially free of oil residues to a degree acceptableto the Coast 
Guard inspector.
    (2) After the tanks that are to be used as ballast tanks whenleaving 
the port are crude oil washed and stripped but not waterrinsed or bottom 
flushed, they are filled with water and the totalvolume of crude oil 
floating on top of the water in these tanks is0.085 percent or less of 
the total volume of these tanks.
    (b) Except on a tank vessel under Sec. 157.10(e), if theinitial 
inspection under paragraph (a) of this section has been passedand the 
vessel arrives at the first cargo loading port aftercompleting a ballast 
voyage, the Coast Guard monitors the discharge ofeffluent from those 
tanks that have been crude oil washed, waterrinsed, stripped, and filled 
with ballast water to determine whetheror not the oil content of the 
effluent is 15 ppm or less.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.142  Letter of acceptance: Inspections.

    If the inspections under Sec. 157.140 are passed, theCoast Guard 
issues to the tank vessel a letter that states that thevessel complies 
with this subpart.



Sec. 157.144  Tank vessels of the same class: Inspections.

    (a) If more than one tank vessel is constructed from the sameplans, 
the owner or operator may submit a written request to theCommandant (CG-
543), U.S. Coast Guard, Washington, D.C.20593-0001, for only one of 
those tank vessels to be inspectedunder Sec. 157.140.
    (b) Only one tank vessel of the class is inspected underSec. 
157.140, if the Commandant accepts the requestsubmitted under paragraph 
(a) of this section.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.146  Similar tank design: Inspections on U.S. tank vessels.

    (a) If a U.S. tank vessel has tanks similar in dimensions 
andinternal structure, the owner or operator may submit a written 
requestto the Officer in Charge, Marine Inspection, of the zone in which 
theCOW system is inspected, for only one of those tanks to be 
inspectedunder Sec. 157.140(a)(1).
    (b) Only one tank of a group of tanks similar in dimensions 
andinternal structure is inspected under Sec. 157.140(a)(1), ifthe 
Officer in Charge, Marine Inspection, accepts the requestsubmitted under 
paragraph (a) of this section.



Sec. 157.147  Similar tank design: Inspections on foreign tank vessels.

    (a) If a foreign tank vessel has tanks similar in dimensions 
andinternal structure, the owner or operator may submit a written 
requestto the Commandant (CG-543), U.S. Coast Guard, Washington, 
D.C.20593-0001, for only one of those tanks to be inspected underSec. 
157.140(a)(1).
    (b) Only one tank of a group of tanks similar in dimensions 
andinternal structure is inspected under

[[Page 509]]

Sec. 157.140(a)(1), if the Commandant accepts the request submitted 
under paragraph(a) of this section.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.148  COW system: Evidence for inspections.

    (a) Before the inspections under Sec. 157.140 areconducted by the 
Coast Guard, the owner or operator of a foreign tankvessel that is to be 
inspected must submit to the Coast Guardinspector evidence that the COW 
system has been installed inaccordance with the plans accepted under 
Sec. 157.106.
    (b) Before the inspections under Sec. 157.140 areconducted by the 
Coast Guard, the owner or operator of a tank vesselthat is to be 
inspected must submit to the Coast Guard inspectorevidence that the COW 
piping system has passed a test of 1\1/2\ timesthe design working 
pressure.



Sec. 157.150  Crude Oil Washing Operations and Equipment Manual: Recordinginformation after inspections.

    After passing the inspections under Sec. 157.140, theowner, 
operator, and master shall ensure that the following arerecorded in the 
Crude Oil Washing Operations and EquipmentManual approved under Sec. 
157.112:
    (a) The results of the inspections under Sec. 157.140.
    (b) The following characteristics used to pass the inspectionsunder 
Sec. 157.140:
    (1) Pressure and flow of the crude oil pumped to the COW machines.
    (2) Revolutions, number of cycles, and length of cycles of eachCOW 
machine.
    (3) Pressure and flow of the stripping suction device.
    (4) Number and location of COW machines operating simultaneouslyin 
each cargo tank.
    (5) Volume of water used for water rinsing.
    (6) Trim conditions of the tank vessel.

                                Personnel



Sec. 157.152  Person in charge of COW operations.

    The owner, operator, and master of a tank vessel having a COWsystem 
under Sec. 157.10(e), Sec. 157.10(a)(2), orSec. 157.10c(b)(2) shall 
ensure that the person designatedas the person in charge of COW 
operations--
    (a) Knows the contents in the Crude Oil Washing Operations 
andEquipment Manual approved by the Coast Guard underSec. 157.112 or by 
the government of the vessel's flagstate;
    (b) On at least two occasions, has participated in crude oilwashing 
of cargo tanks, one of those occasions occurring on:
    (1) The tank vessel on which the person assumes duties as theperson 
in charge of COW operations; or
    (2) A tank vessel that is similar in tank design and which has 
COWequipment similar to that used on the tank vessel on which the 
personassumes duties as the person in charge of COW operations; and
    (c) Has one year or more of tank vessel duty that includes oilcargo 
discharge operations and:
    (1) Crude oil washing of cargo tanks; or
    (2) Has completed a training program in crude oil washingoperations 
that is approved by the Coast Guard or the government ofthe vessel's 
flag state.
    Note: Standards of a Coast Guard approved training programare to be 
developed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.154  Assistant personnel.

    The owner, operator, and master of a tank vessel having a COWsystem 
under Sec. 157.10(e), Sec. 157.10a(a)(2),or Sec. 157.10c(b)(2) shall 
ensure that each member of thecrew that has a designated responsibility 
during COWoperations--
    (a) Has six months or more of tank vessel duty that includes 
oilcargo discharge operations;
    (b) Has been instructed in the COW operation of the tank vessel;and
    (c) Is familiar with the contents of the Crude Oil WashingOperations 
and Equipment Manual approved by the

[[Page 510]]

Coast Guardunder Sec. 157.112 or by the government of the vessel's 
flagstate.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985]

                             COW Operations



Sec. 157.155  COW operations: General.

    (a) The master of a tank vessel having a COW system underSec. 
157.10(e), Sec. 157.10a(a)(2), or 157.10c(b)(2) shall ensure that--
    (1) Before crude oil washing a cargo tank, the level in each 
tankwith crude oil that is used as a source for crude oil washing 
islowered at least one meter;
    (2) A tank used as a slop tank is not used as a source for crudeoil 
washing until:
    (i) Its contents are discharged ashore or to another tank; and
    (ii) The tank contains only crude oil;
    (3) During COW operations:
    (i) The valves under Sec. 157.122(i)(1) are shut; or
    (ii) The blanks under Sec. 157.122(i)(2) are installed;
    (4) The rotation of each COW machine mounted to or close to 
thebottom of each cargo tank is verified by:
    (i) A visual inspection of a means located outside of the cargotank 
that indicates movement of the machine during COW operations;
    (ii) An audio inspection during COW operations; or
    (iii) An inspection on a ballast voyage, with water as the 
fluidflowing through the machine;
    (5) During the audio inspection under paragraph (a)(4)(ii) of 
thissection, the COW machine being inspected is the only one operating 
inthat tank;
    (6) Before the inspection under paragraph (a)(4)(iii) of 
thissection, the tank that has the COW machine being inspected in it, 
isgas freed;
    (7) Each COW machine that is inspected under paragraph (a)(4)(iii)of 
this section is inspected at least once after every sixth COWoperation 
of that machine, but no less that once every 12 months;
    (8) After each stripping operation is completed, each tank:
    (i) Is sounded by a means under Sec. 157.128(b); and
    (ii) Contains no oil except a minimal quantity near the 
strippingsuction;
    (9) Before the tank vessel begins each ballast voyage, each 
cargotank and each cargo main, stripping, and COW piping is stripped 
ofcrude oil and the strippings are conveyed ashore through the 
pipingunder Sec. Sec. 157.11(d)(3) or 157.11(e)(4);
    (10) Before water washing the cargo tanks, the piping of the 
COWsystem is drained of crude oil;
    (11) When the cargo tanks are not being water washed, the 
hydrantvalves under Sec. 157.122(g) are blanked off;
    (12) If COW machines that are used as anchors for the piping ofthe 
COW system are removed, the means available underSec. 157.122(l) for 
anchoring the piping are installed;
    (13) The fire main is not connected to the COW system; and
    (14) On combination carriers, if flexible hoses underSec. 
157.122(o) are used, those hoses are protectivelystowed when not 
installed in the COW piping system.
    (b) In addition to meeting paragraph (a) of this section, themaster 
of a tank vessel having a COW system underSec. 157.10a(a)(2) or Sec. 
157.10c(b)(2) shallensure that--
    (1) Before ballasting cargo tanks upon leaving a port, each 
cargopump, manifold, and piping that is used for ballasting the cargo 
tanksis drained of all crude oil; and
    (2) Before ballasting or deballasting cargo tanks, except 
whenballasting cargo tanks to leave a port, the cargo piping that is 
usedfor ballasting or deballasting the cargo tanks is water washed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.156  COW operations: Meeting manual requirements.

    Except as allowed in Sec. 157.158, the master of aforeign tank 
vessel having a COW system underSec. Sec. 157.10(e), 157.10a(a)(2), or 
157.10c(b)(2) thathas the Crude Oil Washing Operations and Equipment 
Manualapproved under Sec. 157.112 and is operating in thenavigable 
waters of the United States or transferring cargo at a portor place 
subject to the jurisdiction of the

[[Page 511]]

United States and themaster of a U.S. tank vessel having a COW system 
underSec. 157.10(e), Sec. 157.10a(a)(2), orSec. 157.10c(b)(2) shall 
ensure that during each COWoperation--
    (a) The procedures listed in the Crude Oil Washing Operationsand 
Equipment Manual are followed; and
    (b) The characteristics recorded in the Crude Oil WashingOperations 
and Equipment Manual under Sec. 157.150(b) aremet.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.158  COW operations: Changed characteristics.

    The COW system may be operated with characteristics that do notmeet 
those recorded under Sec. 157.150(b) only if:
    (a) The tank vessel passes the inspections underSec. 157.140 using 
the changed characteristics;
    (b) The changed characteristics used to pass the inspections 
underSec. 157.140 are recorded in the Crude Oil WashingOperations and 
Equipment Manual approved underSec. 157.112; and
    (c) The Coast Guard issues to the tank vessel an amending 
letterstating that the tank vessel complies with this subpart with 
thesecharacteristics.



Sec. 157.160  Tanks: Ballasting and crude oil washing.

    (a) The owner, operator, and master of a tank vessel underSec. 
157.10(e) shall ensure that:
    (1) Ballast water is carried in a cargo tank only as allowed 
underSec. 157.35;
    (2) For oil cargo residue control, at least 25 percent of thecargo 
tanks are crude oil washed before each ballast voyage and thateach cargo 
tank is crude oil washed at least once every fourth timecrude oil is 
discharged from the tank, but no tank need be crude oilwashed more than 
once during each 120 day period;
    (3) Ballast water in a cargo tank that is crude oil washed but 
notwater rinsed during or after the most recent discharge of crude 
oilfrom that tank is discharged in accordance withSec. 157.37(a); and
    (4) Cargo tanks are not crude oil washed during a ballast voyage.
    (b) The owner, operator, and master of a tank vessel having a 
COWsystem under Sec. 157.10a(a)(2) or Sec. 157.10c(b)(2) shall ensure 
that--
    (1) Ballast water is carried only in a cargo tank that is crudeoil 
washed during or after the most recent discharge of crude oil fromthat 
tank;
    (2) Before each ballast voyage a sufficient number of cargo 
tankshave been crude oil washed during or after the most recent 
dischargeof crude oil from those tanks to allow ballast water to be 
carried incargo tanks:
    (i) With a total capacity to meet the draft and trim requirementsin 
Sec. 157.10a(d); and
    (ii) For the vessel's trading pattern and expected 
weatherconditions;
    (3) For oil cargo residue control, at least 25 percent of thecargo 
tanks not used for carrying ballast water under paragraph (b)(2)(i) of 
this section are crude oil washed before each ballast voyage,and that 
each cargo tank is crude oil washed at least once everyfourth time crude 
oil is discharged from the tank, but no tank need becrude oil washed 
more than once during each 120 day period;
    (4) Cargo tanks are not crude oil washed during a ballast voyage;and
    (5) Ballast water in a cargo tank that is crude oil washed but 
notwater rinsed during or after the most recent discharge of crude 
oilfrom that tank is discharged in accordance withSec. 157.37(a).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.162  Crude oil washing during a voyage.

    The master of a tank vessel having a COW system underSec. 
157.10(e), Sec. 157.10a(a)(2), orSec. 157.10c(b)(2) shall ensure that 
each cargo tank that iscrude oil washed during a voyage other than a 
ballast voyage--
    (a) Remains empty so that the tank may be inspected upon arrivalat 
the next discharge port; and
    (b) If it is to be used as a ballast tank when leaving thedischarge 
port, is ballasted before the vessel departs from thatdischarge port so 
that the

[[Page 512]]

tank may be inspected underSec. 157.140(a)(2).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.164  Use of inert gas system.

    (a) The master of a tank vessel having a COW system underSec. 
157.10(e), Sec. 157.10a(a)(2), orSec. 157.10c(b)(2) shall ensure the 
following:
    (1) Before each cargo tank is crude oil washed, the oxygen contentin 
the tank is measured at each of the following locations in thetank:
    (i) One meter from the deck.
    (ii) In the center of the ullage space.
    (2) Before each cargo tank with partial bulkheads is crude 
oilwashed, each area of that tank formed by each partial bulkhead 
ismeasured in accordance with paragraph (a)(1) of this section.
    (3) Before each cargo tank is crude oil washed, the oxygen contentin 
that tank is 8 percent or less by volume at the locations underparagraph 
(a)(1) of this section.
    (4) During COW operations, the following are maintained in eachcargo 
tank being crude oil washed:
    (i) A gas or a mixture of gases with an oxygen content of 8percent 
or less by volume.
    (ii) A positive atmospheric pressure.
    (5) During COW operations, a crew member monitors theinstrumentation 
under 46 CFR 32.53-60(a)(1), except if thatinstrumentation has an alarm 
that sounds in the cargo control roomwhen the oxygen content exceeds 8 
percent by volume.
    (b) Crude oil washing of the cargo tanks must be terminated 
whenparagraph (a)(4) of this section is not met and crude oil washing 
ofthat tank may not be resumed until the requirements of paragraph 
(a)(4) of this section are met.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended byCGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.166  Hydrocarbon emissions.

    If the tank vessel having a COW system underSec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) transferscargo at a port in the United States that 
is in an area designated in40 CFR Part 81 as an area that does not meet 
the national primaryambient air quality ozone standard under 40 CFR Part 
50, issued underthe Clean Air Act, as amended (42 U.S.C. 1857), the 
master of thevessel shall ensure that when cargo tanks are ballasted in 
that portthe hydrocarbon vapors in each tank are contained by a means 
underSec. 157.132.
    Note: Questions relating to whether or not a particular portis 
located in an area designated in 40 CFR Part 81 as an area thatdoes not 
meet the national primary ambient air quality standard under40 CFR Part 
50 should be directed to the Plans Analysis Section of theEnvironmental 
Protection Agency at (919) 541-5665.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



Sec. 157.168  Crew member: Main deck watch.

    During COW operations, the master shall ensure that at least 
onemember of the crew with a designated responsibility for monitoring 
COWoperations is on the main deck at all times.



Sec. 157.170  COW equipment: Removal.

    (a) Whenever a deck mounted COW machine is removed from the tank,the 
master shall ensure that:
    (1) The supply piping to that machine is blanked off; and
    (2) The tank opening is sealed by a secured plate made of steel oran 
equivalent material accepted by the Commandant.
    (b) If the equipment for the COW system is removed from a cargotank 
for the carriage of cargoes other than crude oil and thenreinstalled, 
the master shall ensure that, before COW operations areconducted, the 
system has no crude oil leakage.



Sec. 157.172  Limitations on grades of crude oil carried.

    If a tank vessel having a COW system meetingSec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) does nothave segregated ballast tanks or dedicated 
clean ballast tanks thatmeet Sec. 157.10c(c)(2), the owner, operator, 
and mastershall ensure that the vessel carries only the grades of crude 
oil thatcan be used for crude oil washing.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]

[[Page 513]]



         Subpart E_Dedicated Clean Ballast Tanks on TankVessels

    Source: CGD 77-058b, 45 FR 43714, June 30, 1980,unless otherwise 
noted.

                                 General



Sec. 157.200  Plans for U.S. tank vessels: Submission.

    (a) Before modifications are made to a U.S. vessel to meetSec. 
157.10a(b), Sec. 157.10b(a)(2),Sec. 157.10a(c)(2), or Sec. 
157.10c(c)(2), theowner or operator must submit to the Coast Guard plans 
or documentsthat include the following:
    (1) The dedicated clean ballast tank arrangement.
    (2) Documentation, calculations, or revised stability informationto 
show that the vessel, with the addition of the dedicated cleanballast 
tanks, meets the stability standards for load line assignmentin 46 CFR 
Part 42.
    (3) Documentation, calculations, or a loading manual to show thatthe 
vessel, with the addition of the dedicated clean ballast tanks,meets the 
structural standards in 46 CFR Part 32.
    (4) A drawing or diagram of the pumping and piping system for 
thededicated clean ballast tanks.
    (b) Plans under paragraph (a) of this section must be submitted 
tothe Officer in Charge, Marine Inspection, of the zone in which 
thededicated clean ballast tank system is installed or to the 
CommandingOfficer, U.S. Coast Guard Marine Safety Center, 2100 2nd 
Street, SW.,Jemal Building, JR10-0525, Washington, DC 20593-0001.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended byCGD 79-152, 45 FR 
82250, Dec. 15, 1980; CGD 82-28, 50 FR11628, and 11630, Mar. 22, 1985; 
CGD 85-048a, 51 FR 15481, Apr.24, 1986; USCG-1998-3799, 63 FR 35531, 
June 30, 1998;USCG-2006-25150, 71 FR 39210, July 12, 2006;USCG-2008-
0179, 73 FR 35015, June 19, 2008]



Sec. 157.202  Plans and documents for foreign tank vessels: Submission.

    The owner or operator of a foreign tank vessel underSec. 
150.10a(b), Sec. 157.10a(c)(2), orSec. 157.10b(a)(2) who desires the 
letter from the CoastGuard under Sec. 157.204 accepting the plans 
submitted underthis paragraph, and the owner or operator of a foreign 
tank vesselunder Sec. 150.10c(c)(2) must submit to the Commandant(CG-
543), U.S. Coast Guard, Washington, D.C. 20593-0001--
    (a) Plans that include:
    (1) The dedicated clean ballast tank arrangement; and
    (2) A drawing or diagram of the pumping and piping system for 
thededicated clean ballast tanks; and
    (b) Documentation from the authority that assigned the load lineto 
the tank vessel that states that the location of the dedicatedclean 
ballast tanks is acceptable to that authority.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended byCGD 82-28, 50 FR 
11629, Mar. 22, 1985; CGD 88-052, 53 FR25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996]



Sec. 157.204  Letter of acceptance.

    The Coast Guard informs the submitter by letter that the 
planssubmitted under Sec. 157.200 or the plans and documentssubmitted 
under Sec. 157.202 are accepted, if the planssubmitted under Sec. 
157.200 or the plans and documentssubmitted under Sec. 157.202 show 
that the dedicated cleanballast tank system meets this subpart.



Sec. 157.206  Dedicated Clean Ballast Tanks Operations Manual for U.S. tankvessels: Submission.

    The owner or operator of a U.S. tank vessel meetingSec. 157.10a(b), 
Sec. 157.10a(c)(2),Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) 
mustsubmit two copies of a manual that meets Sec. 157.224 to theOfficer 
in Charge, Marine Inspection, of the zone in which thededicated clean 
ballast tank system is installed or to the appropriateCoast Guard field 
technical office listed inSec. 157.200(b).

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, asamended by USCG-
2006-25150, 71 FR 39210, July 12, 2006]

[[Page 514]]



Sec. 157.208  Dedicated Clean Ballast Tanks Operations Manual for foreign tankvessels: Submission.

    If the owner or operator of a foreign tank vessel meetingSec. 
157.10a(b), Sec. 157.10a(c)(2),Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) desiresa Coast Guard approved Dedicated Clean Ballast 
Tanks OperationsManual under Sec. 157.210, the owner or operator 
mustsubmit two copies of a manual that meets Sec. 157.224 to 
theCommandant (CG-543), U.S. Coast Guard, Washington, D.C.20593-0001.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, asamended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD96-026, 61 FR 33668, June 28, 
1996;USCG-2006-25150, 71 FR 39210, July 12, 2006]



Sec. 157.210  Approved Dedicated Clean Ballast Tanks Operations Manual.

    If the manuals submitted under Sec. 157.206 orSec. 157.208 meet 
Sec. 157.224, the Coast Guardapproves the manuals and forwards one of 
the approved manuals to thesubmitter.



Sec. 157.212  Dedicated Clean Ballast Tanks Operations Manual: Not approved.

    If the Dedicated Clean Ballast Tanks Operations Manualsubmitted 
under Sec. 157.206 or Sec. 157.208 isnot approved, the Coast Guard 
forwards a letter to the submitter withthe reasons why the manual was 
not approved.



Sec. 157.214  Required documents: U.S. tank vessels.

    The owner, operator, and master of a U.S. tank vessel meetingSec. 
157.10a(b), Sec. 157.10a(c)(2),Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) shallensure that the vessel does not engage in a voyage 
unless the vesselhas on board--
    (a) The letter under Sec. 157.204 accepting thededicated clean 
ballast tank system plans;
    (b) The Coast Guard approved Dedicated Clean Ballast TanksOperations 
Manual under Sec. 157.210; and
    (c) Any amending letters issued under Sec. 157.218approving 
alterations.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended byCGD 82-28, 50 FR 
11629, and 11630, Mar. 22, 1985;USCG-2006-25150, 71 FR 39211, July 12, 
2006]



Sec. 157.216  Required documents: Foreign tank vessels.

    (a) The owner, operator, and master of a foreign tank vesselmeeting 
Sec. 157.10a(b), Sec. 157.10a(c)(2),Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) shallensure that the vessel does not enter the navigable 
waters of theUnited States or transfer cargo at a port or place subject 
to thejurisdiction of the United States unless the vessel has onboard--
    (1) The Dedicated Clean Ballast Tank Operations Manualthat--
    (i) Is approved under Sec. 157.210; or
    (ii) Is certified by the government of the vessel's flag 
statebecause it meets the manual standards in Resolution 14 of the 
MARPOL73/78; and
    (2) Either of the following:
    (i) A letter from the government of the vessel's flag state 
thatcertifies that the vessel complies with Resolution 14 of the 
MARPOL73/78.
    (ii) The letter of acceptance under Sec. 157.204 andeach amending 
letter issued under Sec. 157.218(c).
    (b) On January 1, 1986, or 15 years after the date it wasdelivered 
to the original owner or 15 years after the completion of amajor 
conversion, whichever is later, the owner, operator, and masterof a 
foreign tank vessel under Sec. 157.10c(c)(2) shallensure that the 
vessel does not enter the navigable waters of theUnited States or 
transfer cargo at a port or place subject to thejurisdiction of the 
United States unless the vessel has onboard--
    (1) The Dedicated Clean Ballast Tank Operations Manualthat--
    (i) Is approved under Sec. 157.210; or
    (ii) Bears a certification by an authorized CS or the governmentof 
the vessel's flag state that the manual meetsSec. 157.224; and
    (2) Either of the following:
    (i) A letter from an authorized CS or the government of thevessel's 
flag state certifying the vessel complies

[[Page 515]]

withSec. Sec. 157.220 and 157.222, and any amending lettersissued 
approviding alterations.
    (ii) The letter of acceptance under Sec. 157.204 andeach amending 
letter issued under Sec. 157.218.

(Reporting and Recordkeeping requirements approved by theOffice of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985;USCG-2000-7641, 66 FR 
55573, Nov. 2, 2001;USCG-2006-25150, 71 FR 39211, July 12, 2006]



Sec. 157.218  Dedicated clean ballast tanks: Alterations.

    The dedicated clean ballast tanks or equipment on a tank vesselthat 
has a letter issued under Sec. 157.204 may not bealtered so that they 
no longer meet the plans accepted under thatsection unless:
    (a) The owner or operator of that vessel submits plans that showthe 
alterations to the Coast Guard official to which the plans weresubmitted 
under Sec. 157.200 or Sec. 157.202;
    (b) The owner or operator of that vessel submits changes to 
themanual under Sec. 157.224 that show and describe thealterations to 
the Coast Guard official to which the manuals weresubmitted under Sec. 
157.206 or Sec. 157.208; and
    (c) The Coast Guard issues to the tank vessel an amending 
letterstating that the vessel, as altered, complies with this subpart.

                          Design and Equipment



Sec. 157.220  Dedicated clean ballast tanks: Standards.

    (a) Cargo tanks that are designated as dedicated clean ballasttanks 
must allow the tank vessel to meet the draft and trimrequirements under 
Sec. Sec. 157.10a(d) and 157.10b(b).
    (b) Each tank under paragraph (a) of this section must be:
    (1) A wing tank; or
    (2) Any other tank that is accepted by the Commandant.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended byCGD 79-152, 45 FR 
82250, Dec. 15, 1980]



Sec. 157.222  Pump and piping arrangements.

    (a) Dedicated clean ballast tanks must be connected to the 
leastpracticable:
    (1) Number of pumps; and
    (2) Amount of piping.
    (b) Each piping system that is arranged to convey clean ballastand 
cargo must be designed to be flushed to the slop tank with water.
    (c) The piping system of each dedicated clean ballast tank must 
bearranged so that oily water does not enter any dedicated clean 
ballasttank when the piping system is flushed.
    (d) The piping system of each dedicated clean ballast tank musthave 
at least two valves that isolate that tank from each cargo tank.
    (e) The piping system of the dedicated clean ballast tanks musthave 
a sample point that is located in a vertical section of dischargepiping.
    Note: An example of a sample point is shown in 46 CFR Figure162.050-
17(e).



Sec. 157.224  Dedicated Clean Ballast Tanks Operations Manual.

    Each Dedicated Clean Ballast Tanks Operations Manual mustinclude the 
following information:
    (a) The text of the Annex of Resolution 14 of the MARPOL 73/78.
    (b) A description of the dedicated clean ballast tanks system.
    (c) A procedure for dedicated clean ballast tanks operations.
    Note: Appendix D is an example of such a procedure.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended byUSCG-2000-7641, 
66 FR 55573, Nov. 2, 2001]

                Dedicated Clean Ballast Tanks Operations



Sec. 157.225  Dedicated clean ballast tanks operations: General.

    The master of a tank vessel meeting Sec. 157.10a(b),Sec. 
157.10a(c)(2), Sec. 157.10b(a)(2), orSec. 157.10c(c)(2) shall ensure 
that--
    (a) Before clean ballast in any dedicated clean ballast tank 
isdischarged or transferred, the pump and piping system for conveyingthe 
clean ballast are flushed with water;
    (b) Before any dedicated clean ballast tank is ballasted, the 
pumpand piping

[[Page 516]]

system for conveying the ballast are flushed withwater;
    (c) Before the pump and piping system of the dedicated cleanballast 
tanks are used for cargo transfer:
    (1) If water in the dedicated clean ballast tanks is used 
forflushing the pump and piping system, the volume of water for 
flushingis equal to at least 10 times the volume of the piping to be 
flushed;
    (2) The piping system is drained of fluid; and
    (3) The valves under Sec. 157.222(d) are closed;
    (d) Flushing water is pumped from a sea chest or a dedicated 
cleanballast tank through the pump and piping system of the dedicated 
cleanballast tanks and then to a slop tank;
    (e) Clean ballast from each dedicated clean ballast tank 
isdischarged in accordance with Sec. 157.43;
    (f) When the pump and piping system are being flushed:
    (1) The oil content of the flushing water in the piping system 
ismonitored; and
    (2) The pump and piping system are flushed until the oil contentof 
the flushing water in the piping stabilizes; and
    (g) If any pump or piping system that is flushed to meet 
paragraph(f) of this section is used to convey cargo during an 
emergency, thatpump or piping system is flushed again to meet paragraph 
(f) of thissection before being used to convey clean ballast.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended byCGD 82-28, 50 FR 
11629, Mar. 22, 1985]



Sec. 157.226  Dedicated Clean Ballast Tanks Operations Manual: Procedures to befollowed.

    The master of a foreign tank vessel meetingSec. 157.10a(b), Sec. 
157.10a(c)(2),Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) that hasthe 
Dedicated Clean Ballast Tanks Operations Manual approvedunder Sec. 
157.210 and is operating in the navigable watersof the United States or 
transferring cargo at a port or place subjectto the jurisdiction of the 
United States and the master of a U.S. tankvessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a), or Sec. 
157.10c(c)(1) shallensure that the procedure listed in the Dedicated 
Clean BallastTanks Operations Manual are followed.

[CGD 82-28, 50 FR 11629, Mar. 22, 1985]



Sec. 157.228  Isolating Valves: Closed during a voyage.

    (a) The master of each U.S. tank vessel underSec. 157.10a(b), Sec. 
157.10a(c)(2),Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shallensure 
that the valves under Sec. 157.222(d) remain closedduring each voyage.
    (b) The master of each foreign tank vessel meetingSec. 157.10a(b), 
Sec. 157.10a(c)(2),Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) 
shallensure that the valves under Sec. 157.222(d) remain closedwhen the 
vessel is on a voyage in the navigable waters of the UnitedStates.

[CGD 82-28, 50 FR 11629, Mar. 22, 1985]



            Subpart F_Exemption From   157.10a or  157.10c

    Source: CGD 79-126, 46 FR 3513, Jan. 15, 1981,unless otherwise 
noted.



Sec. 157.300  Qualifications for exemptions under this part.

    (a) Each vessel under Sec. 157.10a orSec. 157.10c of this part may 
qualify for an exemption fromthe requirements of Sec. 157.10a or Sec. 
157.10cof this part if--
    (1) The vessel loads and discharges cargo only at ports or 
placeswithin the United States, its territories, or its possessions; and
    (2) The application for exemption meets Sec. 157.302.
    (b) Except where the owner can show good cause, a vessel is 
notgranted an exemption under this subpart if a previous exemption 
forthe vessel has been revoked by the Coast Guard underSec. 
157.308(a)(1) or Sec. 157.308 (a)(2).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended byCGD 82-28, 50 FR 
11630, Mar. 22, 1985]



Sec. 157.302  Applying for an exemption or requesting modification of anexemption.

    (a) Each application for an exemption or modification must be 
inwriting and submitted to the Commandant (CG-543), U.S. Coast 
Guard,Washington, D.C. 20593-0001.
    (b) Each application for exemption must include the following: 
(1)The

[[Page 517]]

name and official number of the vessel for which theexemption is 
requested.
    (2) A list of each port or place where the vessel would loadcargo.
    (3) The name, address, and telephone number for each shore-
basedreception facility at each port listed under paragraph (b)(2) of 
thissection where the vessel would discharge its ballast water and 
oilcargo residues, including:
    (i) The name or title of the person at each facility who should 
becontacted for information concerning the operation of the 
receptionfacility; and
    (ii) A statement from the facility owner disclosing whether ornot, 
based on current operating conditions, the facility has thecapability of 
processing the anticipated volume and type of dischargesfrom the vessel 
without adversely affecting the service of thefacility to current users.
    (4) The number of the permit under the National PollutantDischarge 
Elimination System (NPDES permit) issued to each listedshore-based 
reception facility.
    (5) A list of each type of oil cargo that the vessel would load.
    (6) A description of the method by which the vessel woulddischarge 
ballast water and oil cargo residues to each listed shorebased reception 
facility.
    (c) Each request for modification to an exemption must include 
thefollowing:
    (1) The name and official number of the vessel for which 
themodification to the exemption is requested.
    (2) The reason for requesting modification of the exemption.
    (3) Any additional information which is pertinent to 
themodification.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended byCGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 157.304  Shore-based reception facility: standards.

    No shore-based reception facility may be listed to meetSec. 
157.302(b)(3) unless that reception facility has:
    (a) A valid NPDES permit which allows it to process the ballastwater 
and oil cargo residues of the vessel for which the exemption isbeing 
requested; and
    (b) The capacity to receive and store a volume of dirty ballastwater 
equivalent to 30 percent of the deadweight, less the segregatedballast 
volume, of the vessel for which the exemption is beingrequested.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended byUSCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]



Sec. 157.306  Granting, denying, or modifying an exemption.

    (a) The Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection issues a written decision concerning 
thegrant or denial of each exemption or modification requested 
underSec. 157.302.
    (b) If the exemption or request for modification is denied, 
thedecision under paragraph (a) of this section includes the reasons 
forthe denial.
    (c) Any person directly affected by, and not satisfied with, 
adecision made under paragraph (a) of this section may appeal 
thatdecision, in writing, to the Commandant (CG-543), U.S Coast 
Guard,Washington, DC 20593-0001. The appeal may contain anysupporting 
documentation or evidence that the appellant wishes to haveconsidered.
    (d) The Commandant, U.S. Coast Guard issues a ruling afterreviewing 
the appeal submitted under paragraph (c) of this section.This ruling is 
final agency action.

[CGD 79-126,46 FR 3513, Jan. 15, 1981, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR33668, June 28, 1996; CGD 97-023, 
62 FR 33364, June 19, 1997;USCG-2002-12471, 67 FR 41333, June 18, 2002]



Sec. 157.308  Revocation of exemption: procedure and appeals.

    (a) The Officer in Charge, Marine Inspection may consider 
therevocation of the exemption granted under this subpart when:
    (1) Requested by the vessel's owner;
    (2) There is evidence that the vessel's owner, operator, or 
masterhas failed to comply with the requirements of this subpart; or
    (3) There have been changes to the NPDES permit of a 
receptionfacility listed to meet Sec. 157.304(b)(3) that would

[[Page 518]]

adversely affect the ability of that facility to process thevessel's 
discharges.
    (b) The Officer in Charge, Marine Inspection, of the zone in whichan 
occurrence under paragraph (a)(2) or (a)(3) of this section takesplace 
notifies the owner, operator, and master of the exempted vesselof the 
specific reasons for considering the revocation of theexemption.
    (c) Evidence or arguments for the retention of the exemption thatare 
submitted to the Officer in Charge, Marine Inspection withinthirty days 
of receipt of the notice under paragraph (b) of thissection will be 
considered before a ruling is made.
    (d) If the owner is not satisfied with the ruling made under 
thissection by the Officer in Charge, Marine Inspection, that ruling 
maybe appealed under the procedure in Sec. 157.06 of this part.



Sec. 157.310  Exempted vessels: operations.

    The owner, operator, and master of each vessel that has beengranted 
an exemption under this subpart must ensure that:
    (a) The vessel trades only between ports or places within theUnited 
States, its territories or possessions;
    (b) The vessel loads cargo only at ports or places listed in 
theexemption;
    (c) Except as allowed under Sec. 157.41 (a) and (b) ofthis part, 
any ballast water, except segregated ballast discharged inaccordance 
with Sec. 157.43(b) of this part, and any tankwashing or oil cargo 
residues are:
    (1) Retained on board; or
    (2) Transferred to a shore-based reception facility that is listedin 
the application for exemption, or in the case of an emergency or 
ashipyard entry, an alternative acceptable to the cognizant Officer 
inCharge, Marine Inspection;
    (d) The vessel loads only those cargoes listed in the exemption;and
    (e) The letter under Sec. 157.306 that grants theexemption is on 
board the vessel; or
    (f) The certificate of inspection bearing the followingendorsement 
is on board the vessel:

Exempted under 33 CFR 157.306 from the requirements of (33CFR 157.10a or 
157.10c, whichever is appropriate, will beinserted). This vessel may not 
discharge cargo in any foreign port,nor may it load cargo in a port 
other than the following: (a listof ports contained in the application 
that is accepted by the CoastGuard for the exempted vessel will be 
inserted here).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended byCGD 82-28, 50 FR 
11630, Mar. 22, 1985;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Subpart G_Interim Measures for Certain Tank Vessels WithoutDouble Hulls 
                         Carrying Petroleum Oils

    Source: CGD 91-045, 59 FR 40188, Aug. 5, 1994,unless otherwise 
noted.



Sec. 157.400  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safetyand 
operational requirements to reduce environmental damage resultingfrom 
petroleum oil spills.
    (b) This subpart applies to each tank vessel specified inSec. 
157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries petroleum oil in bulk as cargo or oil cargo residue;and
    (3) Is not equipped with a double hull meetingSec. 157.10d of this 
part, or an equivalent to therequirements of Sec. 157.10d, but required 
to be equippedwith a double hull at a date set forth in 46 U.S.C. 3703a 
(b)(3) and(c)(3).

[CGD 91-045, 61 FR 39788, July 30, 1996, as amended byUSCG-2000-7641, 66 
FR 55573, Nov. 2, 2001]



Sec. 157.410  Emergency lightering requirements for oil tankers.

    Each oil tanker, to which this subpart applies, shall carry 
theequipment listed in paragraphs (a), (b), and (c) of this section. 
Thisequipment shall be located on the main deck, in the cargo 
controlroom, in the pump room, or in the forecastle locker. This 
equipmentmust be protected from the weather and must be stored in one 
separateand marked location which is as convenient

[[Page 519]]

to the cargo manifold,as is practicable.
    (a) Reducers, adapters, bolts, washers, nuts, and gaskets to allowat 
least two simultaneous transfer connections to be made from thevessel's 
cargo manifold to 15-centimeter (6-inch), 20-centimeter (8-inch), and 
25-centimeter (10-inch) cargo hoses. All reducers must bepermanently 
marked with sizes.
    (b) One extra set of adapters, bolts, washers, nuts, and gasketsper 
reducer set must be carried as spares.
    (c) Reducers, bolts, and gaskets must meet the requirements of 46CFR 
56.25. Cast iron and malleable iron must not be used.

[CGD 91-045, 59 FR 40188, Aug. 5, 1994, as amended byCGD 91-045, 61 FR 
39789, July 30, 1996;USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 157.415  Bridge resource management policy and procedures.

    (a) Not later than February 1, 1997, a tankship owner or 
operatorshall provide written policy and procedures to masters and 
officers incharge of the navigational watch concerning the need for 
continuouslyreassessing how bridge-watch resources are being allocated 
and used,based on bridge resource management principles. This written 
policyand procedures must include vessel and crew specific examples 
thataddress the following:
    (1) The number of qualified individuals that should be on watch 
toensure that all duties can be performed effectively.
    (2) The appropriate qualifications of all members of thenavigational 
watch, the importance of confirming that all members ofthe watch are fit 
for duty, and the need to ensure that all members ofthe navigational 
watch are not impaired by fatigue.
    (3) The need to take into account any known limitation 
inqualifications or fitness of individuals when making navigational 
andoperational decisions.
    (4) The need to be clear and unambiguous in assigning duties andthe 
need to establish that the individual understands his or 
herresponsibilities.
    (5) The need to perform tasks in a clear order of priority and 
toadjust the priority of tasks as circumstances may require.
    (6) The importance of assigning and reassigning members of thewatch 
to locations where they can perform their duties mosteffectively.
    (7) Conditions that warrant task reassignment among members of 
thewatch.
    (8) The instruments and equipment necessary for the 
effectiveperformance of each task and appropriate actions if the 
instrumentsand equipment are not available or not functioning properly.
    (9) The need for, and examples of, clear, immediate, reliable, 
andrelevant communication among members of the navigational watch.
    (10) The action to be taken to suppress, remove, and 
avoidnonessential activity and distractions on the bridge.
    (11) The importance of collecting, processing, and interpretingall 
essential information and making it conveniently available toother 
members of the navigational watch and the pilot, as necessary toperform 
their duties.
    (12) The need to ensure that nonessential materials are not placedon 
the bridge.
    (13) The need to ensure that members of the navigational watch 
areprepared to respond at all times efficiently and effectively 
tochanges in circumstances.
    (b) Beginning not later than February 1, 1997, a tank barge owneror 
operator shall not permit the barge to be towed unless thoseindividuals 
assigned to duties that are similar to the duties of theofficer in 
charge of a navigational watch on the primary towing vesselhave been 
provided written bridge resource management policy andprocedures as 
specified in paragraph (a) of this section.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.420  Vessel specific watch policy and procedures.

    (a) Not later than February 1, 1997, the owner or operator of 
atankship shall provide written policy and procedures to 
mastersconcerning the need for each individual who is newly employed on 
boardthe vessel to have a reasonable opportunity to become familiar 
withthe shipboard equipment, operating procedures, and other 
arrangementsneeded for the proper performance of their duties, before 
being

[[Page 520]]

assigned to such duties. This written policy and procedures shallbe 
followed by the master and shall include the following:
    (1) Allocation of a reasonable and appropriate time period foreach 
newly employed individual to allow him or her the opportunity tobecome 
acquainted with the following:
    (i) The specific equipment the individual will be using oroperating; 
and
    (ii) The vessel specific watchkeeping, safety, 
environmentalprotection, and emergency procedures and arrangements the 
individualneeds to know to perform the assigned duties properly.
    (2) Designation of a knowledgeable crew member who will 
beresponsible for ensuring that an opportunity is provided to each 
newlyemployed individual to receive essential information in a language 
theindividual understands.
    (b) Beginning not later than February 1, 1997, a tank barge owneror 
operator shall not permit the barge to be towed unless thoseindividuals 
assigned to duties as master or operator on the primarytowing vessel 
have been provided written policy and procedures asspecified in 
paragraph (a) of this section.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.430  Enhanced survey requirements.

    Beginning at each tank vessel's next regularly scheduled 
drydockexamination and continuing as required under 46 CFR part 31, or, 
foreach foreign flagged tank vessel, beginning at the next drydock 
andcontinuing as required under the foreign vessel's flag 
administration,a tank vessel owner or operator shall--
    (a) Implement an enhanced survey program that complies with 
thestandards of IMO Resolution A.744(18), Annex B sections1.1.3-1.1.4, 
1.2-1.3, 2.1, 2.3-2.6, 3-8,and Annexes 1-10 with appendices;
    (b) Implement a vessel specific survey program that provides alevel 
of protection equivalent to the requirements in paragraph (a)(1)of this 
section and is approved by the Commandant (CG-543). A writtenrequest for 
program equivalency under this paragraph must be submittedto the 
Commandant (CG-543); or
    (c) For a tankship of less than 20,000 deadweight tons (dwt)carrying 
crude oil, a tankship of less than 30,000 dwt carryingproduct, or a tank 
barge, implement an enhanced survey programthat--
    (1) Includes oversight of the program by the Coast Guard, 
thevessel's flag administration, an authorized classification society 
asdescribed in Sec. 157.04 of this part, or a licensedprofessional 
engineer;
    (2) Has the frequency of survey which is no less than theinspections 
required by 46 CFR subpart 31.10;
    (3) Has survey scope and recordkeeping requirements that 
arecomparable to the requirements of paragraph (a)(1) of this 
section;and
    (4) Includes keeping a copy of the most recent survey on board 
thevessel or, upon request by the Coast Guard, making the 
surveysavailable within 24 hours for examination.

[CGD 91-045, 61 FR 39789, July 30, 1996]



Sec. 157.435  Vital systems surveys.

    (a) A tank vessel owner or operator shall ensure that surveys ofthe 
following systems are conducted:
    (1) Cargo systems. The survey must include the examinationand 
testing of the items listed in chapters 6, 7, and 10 of theInternational 
Safety Guide for Oil Tankers and Terminals, ifapplicable, prior to cargo 
transfer operations.
    (2) Mooring systems. The survey must include a visualexamination of 
the emergency towline, the anchor releasing mechanism,and mooring lines 
prior to entering the port or place of destination,if weather permits, 
or prior to getting underway.
    (b) Surveys must be conducted by company management 
personnel,company designated individuals, or vessel officers 
knowledgeable aboutthe equipment operating parameters and having the 
authority,capability, and responsibility to initiate corrective action 
when theequipment is not functioning properly.

[[Page 521]]

    (c) The results of the survey required in paragraph (a) ofthis 
section, including the material condition of each system, must 
berecorded in the tank vessel's deck log or other onboard documentation.

[CGD 91-045, 61 FR 39789, July 30, 1996; 61 FR 41685,Aug. 9, 1996]



Sec. 157.440  Autopilot alarm or indicator.

    (a) A tankship owner or operator shall ensure that each 
installedautopilot unit without automatic manual override has an audible 
andvisual alarm, which is distinct from other required bridge 
alarms,that will activate if the helm is manually moved while the 
autopilotis engaged.
    (b) A tank barge owner or operator shall ensure that eachautopilot 
unit without automatic manual override installed on theprimary towing 
vessel has a means to clearly indicate the autopilotstatus and warns 
personnel of the requirement to disengage theautopilot if positive 
rudder control is needed.

[CGD 91-045, 61 FR 39790, July 30, 1996]



Sec. 157.445  Maneuvering performance capability.

    (a) A tankship owner or operator shall ensure that maneuveringtests 
in accordance with IMO Resolution A.751(18), sections 1.2,2.3-2.4, 3-
4.2, and 5 (with Explanatory Notes inMSC/Circ.644) have been conducted 
by July 29, 1997. Completion ofmaneuvering performance tests must be 
shown by--
    (1) For a foreign flag tankship, a letter from the 
flagadministration or an authorized classification society, as 
describedin Sec. 157.04 of this part, stating the requirements 
inparagraph (a) of this section have been met; or
    (2) For a U.S. flag tankship, results from the vessel 
ownerconfirming the completion of the tests or a letter from an 
authorizedclassification society, as described in Sec. 157.04 of 
thispart, stating the requirements in paragraph (a) of this section 
havebeen met.
    (b) If a tankship undergoes a major conversion or 
alterationaffecting the control systems, control surfaces, propulsion 
system, orother areas which may be expected to alter maneuvering 
performance,the tankship owner or operator shall ensure that new 
maneuvering testsare conducted as required by paragraph (a) of this 
section.
    (c) If a tankship is one of a class of vessels with 
identicalpropulsion, steering, hydrodynamic, and other relevant 
designcharacteristics, maneuvering performance test results for any 
tankshipin the class may be used to satisfy the requirements of 
paragraph (a)of this section.
    (d) The tankship owner or operator shall ensure that theperformance 
test results, recorded in the format of Appendix 6 of theExplanatory 
Notes in MSC/Circ.644, are prominently displayed in thewheelhouse.
    (e) Prior to entering the port or place of destination and priorto 
getting underway, the tankship master shall discuss the results ofthe 
performance tests with the pilot while reviewing the anticipatedtransit 
and the possible impact of the tankship's maneuveringcapability on the 
transit.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685,Aug. 9, 1996]



Sec. 157.450  Maneuvering and vessel status information.

    A tankship owner, master, or operator shall comply with 
IMOResolution A.601(15), Annex sections 1.1, 2.3, 3.1, and 3.2, 
withappendices.

[CGD 91-045, 61 FR 39790, July 30, 1996]



Sec. 157.455  Minimum under-keel clearance.

    (a) The owner or operator of a tankship, that is not fitted with 
adouble bottom that covers the entire cargo tank length, shall 
providethe tankship master with written under-keel clearance guidance 
thatincludes--
    (1) Factors to consider when calculating the ship's 
deepestnavigational draft;
    (2) Factors to consider when calculating the anticipatedcontrolling 
depth;
    (3) Consideration of weather or environmental conditions; and
    (4) Conditions which mandate when the tankship owner or 
operatorshall be contacted prior to port entry or getting underway; if 
no suchconditions exist, the guidance must contain a statement to 
thateffect.

[[Page 522]]

    (b) Prior to entering the port or place of destination andprior to 
getting underway, the master of a tankship that is not fittedwith the 
double bottom that covers the entire cargo tank length shallplan the 
ship's passage using guidance issued under paragraph (a) ofthis section 
and estimate the anticipated under-keel clearance. Thetankship master 
and the pilot shall discuss the ship's planned transitincluding the 
anticipated under-keel clearance. An entry must be madein the tankship's 
official log or in other onboard documentationreflecting discussion of 
the ship's anticipated passage.
    (c) The owner or operator of a tank barge, that is not fitted witha 
double bottom that covers the entire cargo tank length, shall notpermit 
the barge to be towed unless the primary towing vessel masteror operator 
has been provided with written under-keel clearanceguidance that 
includes--
    (1) Factors to consider when calculating the tank barge's 
deepestnavigational draft;
    (2) Factors to consider when calculating the anticipatedcontrolling 
depth;
    (3) Consideration of weather or environmental conditions; and
    (4) Conditions which mandate when the tank barge owner or 
operatorshall be contacted prior to port entry or getting underway; if 
no suchconditions exist, the guidance must contain a statement to 
thateffect.

[CGD 91-045, 62 FR 49608, Sept. 23, 1997]



Sec. 157.460  Additional operational requirements for tank barges.

    (a) Emergency steering capability. The owner or operator ofeach tank 
barge shall not permit the barge to be towed unless, byNovember 27, 
1997, the primary towing vessel has--
    (1) A steering gear system with a main power unit, an 
alternativepower unit, and two remote steering gear control systems, 
except thatseparate steering wheels or steering levers are not required. 
Thesteering gear control systems must be arranged so that if the 
systemin operation fails, the other system can be brought into 
immediateoperation from a position on the navigating bridge; or
    (2) Twin screw propulsion with separate control systems for 
eachpropeller.
    (b) Fendering system. An owner or operator of a tank bargeshall not 
permit the barge to be towed unless the primary towingvessel and any 
fleeting or assist towing vessels have a fenderingsystem that is of 
substantial size and composition to prevent metal tometal contact 
between the towing vessel and the barge duringmaneuvering operations.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685,Aug. 9, 1996]



Subpart H_Interim Measures for Certain Tank Vessels WithoutDouble Hulls 
                  Carrying Animal Fat or Vegetable Oil

    Source: CGD 91-045, 61 FR 39791, July 30, 1996,unless otherwise 
noted.



Sec. 157.500  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safetyand 
operational requirements to reduce environmental damage resultingfrom 
the discharge of animal fat or vegetable oil.
    (b) This subpart applies to each tank vessel specified inSec. 
157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries animal fat or vegetable oil in bulk as cargo or 
cargoresidue; and
    (3) Is not equipped with a double hull meetingSec. 157.10d of this 
part, or an equivalent to therequirements of Sec. 157.10d, but required 
to be equippedwith a double hull at a date set forth in 46 U.S.C. 3703a 
(b)(3) and(c)(3).



Sec. 157.510  Operational measures.

    An owner or operator of a tank vessel that carries animal fat 
orvegetable oil in bulk as cargo or cargo residue shall comply with 
therequirements in all sections of subpart G of this part.



Subpart I_Interim Measures for Certain Tank Vessels WithoutDouble Hulls 
                    Carrying Other Non-Petroleum Oil

    Source: CGD 91-045, 61 FR 39791, July 30, 1996,unless otherwise 
noted.

[[Page 523]]



Sec. 157.600  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safetyand 
operational requirements to reduce environmental damage resultingfrom 
the discharge of other non-petroleum oil.
    (b) This subpart applies to each tank vessel specified inSec. 
157.01 of this part that--
    (1) Is 5,000 gross tons or more;
    (2) Carries other non-petroleum oil in bulk as cargo or 
cargoresidue; and
    (3) Is not equipped with a double hull meetingSec. 157.10d of this 
part, or an equivalent to therequirements of Sec. 157.10d, but required 
to be equippedwith a double hull at a date set forth in 46 U.S.C. 3703a 
(b)(3) and(c)(3).



Sec. 157.610  Operational measures.

    An owner or operator of a tank vessel that carries other non-
petroleum oil in bulk as cargo or cargo residue shall comply with 
therequirements in all sections of subpart G of this part.



 Sec. Appendix A to Part 157--DamageAssumptions, Hypothetical Outflows, 
                   and Cargo Tank Size andArrangements

    1. Source. The procedures for the damage assumptioncalculations 
contained in this Appendix conform to Regulations 24, 25,and 26 of Annex 
I of the International Convention for the Preventionof the Pollution 
from Ships, 1973, done at London, November 2, 1973.
    2. Assumptions. For the purpose of calculating hypotheticaloutflow 
from tank vessels, three dimensions of the extent of damage ofa 
parallelepiped on the side and bottom of the vessel are assumed.
    (a) For side damage, the conditions are as follows:

------------------------------------------------------------------------
                  Damage                             Conditions
------------------------------------------------------------------------
(1) Longitudinal extent lc................  \1/3\L2/3 or 14.5 m,
                                             whichever is less.
(2) Transverse extent (tc) (inboard from    B
 thevessel's side at right angles to the    --or11.5 m, whichever is 5
 centerline at the levelcorresponding to     less.
 the assigned summer freeboard).
(3) Vertical extent (vc)..................  From the base lineupwards
                                             without limit.
------------------------------------------------------------------------

    (b) For bottom damage, two conditions to be applied individuallyto 
the stated portions of the vessel, as follows:

------------------------------------------------------------------------
                                               Conditions
                              ------------------------------------------
            Damage                 For 0.3Lfrom the
                                forward perpendicular    Any other part
                                       of ship               of ship
------------------------------------------------------------------------
(1) Longitudinal extent (ls).  L/10...................  L/10 or 5
                                                         meters,
                                                         whichever is
                                                         less.
(2) Transverse extent (ts)...  B/6 or 10meters,         5 meters.
                                whichever is less but
                                not less than 5 meters.
(3) Vertical extent from the   B/15 or 6 meters,        B/15 or 6
 base line (vs).                whichever is less.       meters,whicheve
                                                         r is less.
------------------------------------------------------------------------

    3. Hypothetical Outflow of Oil. (a) The hypothetical outflowof oil 
in the case of side damage (Oc) and bottom 
damage(Os) is calculated by the following formula with 
respectto compartments breached by damage to all conceivable locations 
alongthe length of the vessel to the extent as defined in section 2 of 
thisAppendix.
    (1) For side damages: Formula

Oc = [Sigma] Wi+[Sigma] KiCi

    (2) For bottom damage: Formula II

Os = \1/3\([Sigma] ZiWi+[Sigma] ZiCi)
Where:

Wi=Volume of a wing tank assumed to be breachedby the damage 
as specified in section 2 of this Appendix;Wi for a 
segregated ballast tank may be taken equalto zero;
Ci=Volume of a center tank assumed to bebreached by the 
damage as specified in section 2 of this Appendix;Ci for a 
segregated ballast tank may be taken equalto zero;
[GRAPHIC] [TIFF OMITTED] TC15NO91.180

when bi is equal to or greater thantc, 
Ki is equal to zero;
[GRAPHIC] [TIFF OMITTED] TC15NO91.181

when hi is equal to or greater thanvs, 
Zi is equal to zero;
bi=Minimum width of wing tank underconsideration measured 
inboard from the vessel's side at right anglesto the centerline at the 
level corresponding to the assigned summerfreeboard; and

[[Page 524]]

hi=Minimum depth of the double bottom underconsideration; 
where no double bottom is fitted, hiis equal to zero.

    (b) If a void space or segregated ballast tank of a length lessthan 
lc is located between wing oil tanks,Oc in formula 
I of this section may be calculated onthe basis of volume Wi 
being the actual volume ofone such tank (where they are of equal 
capacity) or the smaller of thetwo tanks (if they differ in capacity), 
adjacent to such space,multiplied by Si as defined below and 
taking for allother wing tanks involved in such a collision the value of 
the actualfull volume.
[GRAPHIC] [TIFF OMITTED] TC15NO91.182

Where li=length of void space or segregatedballast tank under 
consideration.

    (c) Credit is only given in respect to double bottom tanks whichare 
either empty or carrying clean water when cargo is carried in thetanks 
above.
    (1) If the double bottom does not extend for the full length 
andwidth of the tank involved, the double bottom is 
considerednonexistent and the volume of the tanks above the area of the 
bottomdamage must be included in formula II of this section even if the 
tankis not considered breached because of the installation of such 
apartial double bottom.
    (2) Suction wells may be neglected in the determination of thevalue 
hi if such wells are not excessive in area andextend below 
the tank for a minimum distance and in no case more thanhalf the height 
of the double bottom. If the depth of such a wellexceeds half the height 
of the double bottom, hi istaken equal to the double bottom 
height minus the well height.
    (d) In the case where bottom damage simultaneously involves 
fourcenter tanks, the value of Os may be calculatedaccording 
to formula III as follows:
    Os = \1/4\([Sigma] ZiWi+[Sigma] ZiCi)
    (e) Credit for reduced oil outflow from bottom damage may beapplied 
to formula III for an installed emergency high suction cargotransfer 
system that:
    (1) transfers within two hours oil equal to one half of the volumeof 
the largest tank involved;
    (2) has sufficient ballast or cargo tankage available to receivethe 
transferred oil; and
    (3) has the high suction piping installed at a height not lessthan 
the vertical extent of bottom damage (vs).
    4. Allowable volumes of cargo tanks.
    (a) The allowable volume of a wing cargo tank (VOLw)is 
equal to seventy-five percent of OA. In asegregated ballast 
tank vessel VOLw may equalOA for a wing cargo oil 
tank located between twosegregated ballast tanks each of length greater 
thanlc and width greater than tc.
    (b) The allowable volume of a center cargo tank (VOLc)is 
50,000 cubic meters.
    5. Allowable length of cargo tanks.
    The length of each cargo tank (1 a) must not exceed 10meters or the 
distance calculated from (a), (b), or (c), asappropriate, whichever is 
greater:
    (a) Where no longitudinal bulkhead is provided inside the 
cargotanks: 1 a=[0.5(bi/B)+0.1] L, but not to exceed 0.2L.
    (b) Where a centerline longitudinal bulkhead is provided insidethe 
cargo tanks: 1 a=[0.25(bi/B)+0.15] L, but not to exceed0.2L.
    (c) Where two or more longitudinal bulkheads are provided insidethe 
cargo tanks:
    (1) For wing cargo tanks: 1 a = 0.2L.
    (2) For center cargo tanks:
    (i) If (bi/B) is equal to or greater than 0.2, 1 a = 0.2L.
    (ii) If (bi/B) is less than 0.2:
    (A) Where no centerline longitudinal bulkhead is provided, 1a = 
[0.5(bi/B) + 0.1] L.
    (B) Where a centerline longitudinal bulkhead is provided, 1a = 
[0.25(bi/B) + 0.15] L.
    (d) ``bi'' is the minimum distance from the ship'sside to the outer 
longitudinal bulkhead of the tank in question,measured inboard at right 
angles to the centerline at the levelcorresponding to the assigned 
summer freeboard.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byCGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 90-051, 57 FR36245, Aug. 12, 1992; USCG-2008-
0179, 73 FR 35015, June19, 2008]



    Sec. Appendix B to Part 157--Subdivisionand Stability Assumptions

    1. Source. The procedures for the loading assumptioncalculations 
contained in this Appendix conform to Regulation 28 ofAnnex I of the 
International Convention for the Prevention of thePollution from Ships, 
1973, done at London, November 2, 1973.
    2. Loading Assumptions. For the purpose of calculatingsubdivision 
and damage stability for a tank vessel, the operatingdrafts must reflect 
actual partial or full load conditions consistentwith trim and strength 
of the vessel. Ballast conditions need not beconsidered if the tank 
vessel is not carrying oil in cargo tanksexcluding oily residues. 
Loading condition must reflect the specificgravities of the cargo.
    3. Damage Assumptions.
    (a) Damage is applied to all conceivable locations along thelength 
of the vessel as follows:
    (1) For a vessel of more than 225 meters in length, anywhere inthe 
vessel's length.
    (2) For a vessel of more than 150 meters, but not exceeding 
225meters in length, anywhere in the vessel's length except where 
theafter or forward bulkhead bounding a machinery space located aft 
isinvolved in the

[[Page 525]]

damage assumption. The machinery space iscalculated as a single 
floodable compartment.
    (3) For a vessel 150 meters or less in length, anywhere in 
thevessel's length between adjacent transverse bulkheads except 
themachinery space.
    (b) The extent and the character of the assumed side or 
bottomdamage, as defined in section 2 of Appendix A of this part, must 
beapplied except longitudinal bottom damage within 0.3L from the 
forwardperpendicular must be assumed to be the same as that for side 
damage.If any damage of lesser extent results in a more severe 
condition,such damage must be assumed.
    (c) If damage involves transverse bulkheads as specified 
inparagraphs (a)(1) and (2) of this section, transverse 
watertightbulkheads must be spaced at least at a distance equal to 
thelongitudinal extent of the assumed damage specified in paragraph 
(b)of this section in order to be considered effective. Where 
transversebulkheads are spaced at a lesser distance, one or more of 
thesebulkheads within such extent of damage must be assumed as 
nonexistentfor the purpose of determining flooded compartments.
    (d) If the damages between adjacent transverse watertightbulkheads 
is within the definition contained in paragraph (a)(3) ofthis section, 
no main transverse bulkhead or a transverse bulkheadbounding side tanks 
or double bottom tanks is to be assumed damaged,unless:
    (1) the spacing of the adjacent bulkheads is less than 
thelongitudinal extent of assumed damage defined in paragraph (b) of 
thissection; or
    (2) there is a step or a recess in a transverse bulkhead of morethan 
3.05 meters in length, located within the extent of penetrationsof 
assumed damage. The step formed by the after peak bulkhead andafter peak 
tank top is not regarded as a step for these calculations.
    (e) If pipes, ducts, or tunnels are situated within the 
assumedextent of damage, there must be arrangements so that 
progressiveflooding may not thereby extend to compartments other than 
thoseassumed to be floodable for each case of damage.
    (f) For oil tankers of 20,000 DWT and above, the damageassumptions 
must be supplemented by the following assumed bottomraking damage:
    (1) Longitudinal extent:
    (i) For ships of 75,000 DWT and above, 0.6L measured from theforward 
perpendicular.
    (ii) For ships of less than 75,000 DWT, 0.4L measured from 
theforward perpendicular.
    (2) Transverse extent: B/3 anywhere in the bottom.
    (3) Vertical extent: Breach of the outer hull.
    4. Characteristic and Condition Assumption for Calculations.
    (a) Account must be taken of any empty or partially filled tanks,the 
specific gravity of cargoes carried, and any outflow of liquidsfrom 
damaged compartments.
    (b) The permeabilities are assumed as follows:

------------------------------------------------------------------------
                    Intended space use                      Permeability
------------------------------------------------------------------------
Stores....................................................          0.60
Accommodation.............................................          0.95
Machinery.................................................          0.85
Voids.....................................................          0.95
Consumable liquids........................................      \1\ 0 or
                                                                    0.95
Other liquids.............................................     \2\ 10 or
                                                                    0.95
------------------------------------------------------------------------
\1\ Whichever results in the more severe requirements.
\2\ The permeability of partially filled compartments must beconsistent
  with actual density and the amount of liquid carried.

    (c) The buoyancy of any superstructure directly above the sidedamage 
is to be disregarded. The unflooded parts of superstructuresbeyond the 
extent of damage may be taken into consideration if theyare separated 
from the damaged space by watertight bulkheads and noprogressive 
flooding of these intact spaces takes place. Class I doorsare allowed in 
watertight bulkheads in the superstructure.
    (d) The free surface effect is to be calculated:
    (1) at an angle of heel of 5 degrees for each individualcompartment; 
or
    (2) by assessing the shift of liquids by moment of 
transferencecalculations.
    (e) In calculating the effect of free surfaces of consumableliquids, 
it is to be assumed that, for each type of liquid, at leastone 
transverse pair or a single centerline tank has a free surface andthe 
tank or combination of tanks to be taken into account is to bethose 
where the effect of free surface is the greatest.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended byUSCG-2000-7641, 66 
FR 55573, Nov. 2, 2001;USCG-2008-0179, 73 FR 35015, June 19, 2008]



 Sec. Appendix C to Part 157--Procedurefor Determining Distribution of 
Segregated Ballast Tanks To ProvideProtection Against Oil Outflow in the 
                Event of Grounding, Ramming, orCollision

    1. Source. The procedure for determining the distribution 
ofsegregated ballast tanks contained in this appendix conforms 
toRegulation 18, paragraphs 12-15 of the MARPOL Protocol.
    2. Procedure. Protective location of segregated ballasttanks, voids, 
and other spaces that do not carry cargo which arewithin the cargo tank 
length is determined from the following:

[Sigma]PAc + [Sigma]PAs = 
J[Lt(B + 2D)]

Where:


[[Page 526]]


PAc=the side shell area in square meters based onprojected 
molded dimensions for each segregated ballast tank, void, orother space 
that does not carry cargo and which complies withparagraph 2(b) of this 
appendix;
PAs=the bottom shell area in square meters based onprojected 
molded dimensions for each segregated ballast tank, void, orother space 
that does not carry cargo and which complies withparagraph 2(b) of this 
appendix;
Lt=the length in meters between the forward and 
afterextremities of the cargo tanks;
B=the maximum breadth of the ship in meters measured amidship tothe 
molded line of the frame; and
D=the molded depth in meters measured vertically from the top ofthe keel 
plate to the top of the freeboard deck beam at the sideamidships. In 
tank vessels having rounded gunwales, the molded depthis measured from 
the top of the keel plate to the point ofintersection of the molded 
lines of the deck and side shell plating,the lines being extended as 
though the gunwale were of angular design.

    (a) Method of determining a value for J.
    (1) For tank vessels for 20,000 DWT, J=0.45.
    (2) For tank vessels of 200,000 DWT or more:
    (i) J=0.30; or
    (ii) J=the greater of 0.20, or
    [GRAPHIC] [TIFF OMITTED] TC15NO91.183
    
where:

a=0.25 for tank vessels of 200,000 DWT.
a=0.40 for tank vessels of 300,000 DWT.
a=0.50 for tank vessels of 420,000 DWT.

    For values of DWT between 200,000 and 300,000 DWT, 300,000 
and420,000 DWT, and greater than 420,000 DWT, the value of``a'' is 
determined by linear interpolation.

Oc = as calculated in Appendix A of this part.
Os = as calculated in Appendix A of this part.
OA = the allowable oil outflow meetingSec. 157.19(b)(1) of 
this part.

    (3) For values of DWT between 20,000 and 200,000 DWT, the value 
of``J'' is determined by linear interpolation between 0.45and 0.30 
respectively.
    (b) PAc and PAs: Criteria fordetermining the 
segregated ballast tanks, voids, and other spaces thatdo not carry 
cargo.
    The following criteria are to be met for a segregated ballasttank, 
void, or space that does not carry cargo, to be used indetermining 
PAc and PAs:
    (1) The minimum width of each wing tank or space, either of 
whichextends for the full depth of the vessel's side or from the main 
deckto the top of the double bottoms is 2 meters or more. The width 
ismeasured inboard from the vessel's side shell plating at right 
anglesto the vessel's center line. If a wing tank or space has a 
widthanywhere within it that is less than 2 meters, that wing tank or 
spaceis not used when calculating PAc.
    (2) The minimum vertical depth of each double bottom tank or spaceis 
B/15 or 2 meters, whichever is smaller. If a double bottom tank orspace 
has a depth less than B/15 or 2 meters, whichever is smaller,anywhere 
within it, the double bottom or space is not to be used whencalculating 
PAs.
    (3) The minimum width of a wing tank or space is not measured inthe 
way of--
    (i) the turn of the bilge area; or
    (ii) a rounded gunwale area.
    (4) The minimum depth of a double bottom tank or space is 
notmeasured in the way of the turn of the bilge area.

[CGD 77-058b, 45 FR 43716, June 30, 1980, as amended byUSCG-2008-0179, 
73 FR 35015, June 19, 2008]



 Sec. Appendix D to Part 157--Example ofa Procedure for Dedicated Clean 
                        Ballast Tanks Operations

    1. Source. The example procedure for dedicated clean ballasttanks 
operation contained in this appendix conforms to the Annex ofResolution 
14 of the MARPOL Protocol.
    2. Example Procedure. Dedicated clean ballast tanksoperational 
procedure:
    (a) Before arrival at the loading port:
    (1) Transfer all remaining oily mixtures to a cargo tank.
    (2) Ensure that the pumping and piping designated for cleanballast 
operation have been properly cleaned to accommodatesimultaneous 
discharge of clean ballast while loading.
    (3) Ensure that all valves to the slop tank and the cargo tanksare 
closed.
    (4) Perform visual inspection of all dedicated clean ballast 
tanksand their contents, if any, for signs of contamination.
    (5) Discharge a sufficient amount of clean ballast water to 
ensurethat remaining ballast water and cargo to be loaded will not 
exceedthe permissible deadweight or draft. Leave a sufficient amount 
ofwater for flushing the piping, and as a minimum, a quantity equal to10 
times the volume of the affected piping.
    (6) Ensure that all valves to the dedicated clean ballast tanksare 
closed.
    (7) If no further ballast discharge is anticipated, drain theclean 
ballast piping.
    (b) In the loading port:
    (1) Perform normal loading operations of cargo tanks.

[[Page 527]]

    (2) Ensure sufficient slop tank capacity is available forsubsequent 
reception of cargo pump and piping flushings.
    (3) When applicable, discharge remaining clean ballast beforeentire 
piping system is used for loading. Leave the required minimumquantity of 
flushing water in ballast tanks.
    (4) Ensure that all valves to the dedicated clean ballast tanksare 
closed.
    (5) Ensure that all valves to the cargo tank are closed 
uponcompletion of loading.
    (c) After departure from the loading port:
    (1) Flush appropriate pumping and piping with sufficient waterfrom 
dedicated clean ballast tanks into a slop tank.
    (2) Ensure that valves to the slop tank are closed before pumpingthe 
remaining clean water overboard and monitoring oil content of thewater.
    (3) Ensure that all valves in the dedicated clean ballast tanksare 
closed.
    (d) Before arrival at the unloading port:
    (1) Ensure that all valves to the slop tank and cargo tanks 
areclosed.
    (2) Recheck that the pumping and piping designated for cleanballast 
operation have been properly cleaned.
    (3) Ballast through clean cargo pumps and piping, considering 
theport's draft requirements.
    (4) Ensure that all valves in the dedicated clean ballast tanksare 
closed.
    (e) In the unloading port:
    (1) Allocate pumping and piping intended for clean ballastoperation.
    (2) Perform normal unloading operations.
    (3) As soon as draft conditions permit, complete ballasting 
todeparture conditions.
    (4) Ensure that all valves to the dedicated clean ballast tanksare 
closed.
    (5) Complete unloading.
    (f) After departure from the unloading port:
    (1) Flush pumps and piping servicing the dedicated clean 
ballasttanks into the slop tank.
    (2) Top up dedicated clean ballast tanks.
    (3) Process the slop tank content in accordance with load on 
top(LOT) procedures.

[CGD 77-058b, 45 FR 43717, June 30, 1980, as amended byUSCG-2000-7641, 
66 FR 55573, Nov. 2, 2001]



Sec. Appendix E to Part157--Specifications for the Design, Installation 
 and Operationof a Part Flow System for Control of Overboard Discharges

    Source. Appendix 2 to Annex 5 of IMO's Marine EnvironmentProtection 
Committee document MEPC/Circ. 97. Paragraphs 1 and 2 areprinted for 
information. Paragraphs 3, 4, and 5 are incorporated intoSec. Sec. 
157.11 and 157.37.
    Note: Information in square brackets on Figure 1 has beenadded by 
the Coast Guard for clarity.

                                1 Purpose

    The purpose of these Specifications is to provide specific 
designcriteria and installation and operational requirements for the 
partflow system referred to in Regulation 18(6)(e) of Annex I of 
theInternational Convention for the Prevention of Pollution from 
Ships,1973 as modified by the Protocol of 1978 relating thereto.

                              2 Application

    2.1 Existing oil tankers may, in accordance with Regulation18(6)(e) 
of Annex I of MARPOL 73/78, discharge dirty ballast water andoil 
contaminated water from cargo tank areas below the waterline,provided 
part of the flow is led through permanent piping to a readilyaccessible 
location on the upper deck or above where it may bevisually observed 
during the discharge operation and provided that thearrangements comply 
with the requirements established by theAdministration and which shall 
at least contain all the provisions ofthese Specifications.
    2.2 The part flow concept is based on the principle that 
theobservation of a representative part flow of the overboard effluent 
isequivalent to observing the entire effluent stream. 
Thesespecifications provide the details of the design installation, 
andoperation of a part flow system.

                          3 General Provisions

    3.1 The part flow system shall be so fitted that it caneffectively 
provide a representative sample of the overboard effluentfor visual 
display under all normal operating conditions.
    3.2 The part flow system is in many respects similar to thesampling 
system for an oil discharge monitoring and control system butshall have 
pumping and piping arrangements separate from such asystem, or combined 
equivalent arrangements acceptable to theAdministration.
    3.3 The display of the part flow shall be arranged in asheltered and 
readily accessible location on the upper deck or above,approved by the 
Administration (e.g. the entrance to the pump room).Regard should be 
given to effective communication between the locationof the part flow 
display and the discharge control position.
    3.4 Samples shall be taken from relevant sections of theoverboard 
discharge piping and be passed to the display arrangementthrough a 
permanent piping system.
    3.5 The part flow system shall include the followingcomponents:
    .1 Sampling probes;
    .2 Sample water piping system;
    .3 Sample feed pump(s);

[[Page 528]]

    .4 Display arrangement;
    .5 Sample discharge arrangement; and, subject to thediameter of the 
sample piping:
    .6 Flushing arrangement.
    .3.6 The part flow system shall comply with the applicablesafety 
requirements.

                          4 System Arrangement

    4.1 Sampling points.
    4.1.1 Sampling point locations:
    .1 Sampling points shall be so located that relevant samplescan be 
obtained of the effluent being discharged through outlets belowthe 
waterline which are being used for operational discharges.
    .2 Sampling points shall as far as practicable be located inpipe 
sections where a turbulent flow is normally encountered.
    .3 Sampling points shall as far as practicable be arrangedin 
accessible locations in vertical sections of the discharge piping.
    4.1.2 Sampling probes:
    .1 Sampling probes shall be arranged to protrude into thepipe a 
distance of about one fourth of the pipe diameter.
    .2 Sampling probes shall be arranged for easy withdrawal 
forcleaning.
    .3 The part flow system shall have a stop valve fittedadjacent to 
each probe, except that were the probe is mounted in acargo line, two 
stop valves shall be fitted in series, in the sampleline.
    .4 Sampling probes should be of corrosion resistant and oilresistant 
material, of adequate strength, properly jointed andsupported.
    .5 Sampling probes shall have a shape that is not prone tobecoming 
clogged by particle contaminants and should not generate 
highhydrodynamic pressures at the sampling probe tip. Figure 1 is 
anexample of one suitable shape of a sampling probe.
    .6 Sampling probes shall have the same nominal bore as thesample 
piping.
    4.2 Sample piping:
    .1 The sample piping shall be arranged as straight aspossible 
between the sampling points and the display arrangement.Sharp bends and 
pockets where settled oil or sediment may accumulateshould be avoided.
    .2 The sample piping shall be so arranged that sample wateris 
conveyed to the display arrangement within 20 seconds. The flowvelocity 
in the piping should not be less than 2 metres per second.
    .3 The diameter of the piping shall not be less than 40millimetres 
if no fixed flushing arrangement is provided and shall notbe less than 
25 millimetres if a pressurized flushing arrangement asdetailed in 
paragraph 4.4 is installed.
    .4 The sample piping should be of corrosion-resistant andoil-
resistant material, of adequate strength, properly jointed andsupported.
    .5 Where several sampling points are installed the pipingshall be 
connected to a valve chest at the suction side of the samplefeed pump.
    4.3 Sample feed pump:
    .1 The sample feed pump capacity shall be suitable to allowthe flow 
rate of the sample water to comply with 4.2.2.
    4.4 Flushing arrangement:
    .1 If the diameter of sample piping is less than 40millimetres, a 
fixed connexion from a pressurized sea or fresh waterpiping system shall 
be installed to enable flushing of the samplepiping system.
    4.5 Display arrangement:
    .1 The display arrangement shall consist of a displaychamber 
provided with a sight glass. The chamber should be of a sizethat will 
allow a free fall stream of the sample water to be clearlyvisible over a 
length of at least 200 millimetres. The Administrationmay approve 
equivalent arrangements.
    .2 The display arrangement shall incorporate valves andpiping in 
order to allow a part of the sample water to bypass thedisplay chamber 
to obtain a laminar flow for display in the chamber.
    .3 The display arrangement shall be designed to be easilyopened and 
cleaned.
    .4 The internal of the display chamber shall be white exceptfor the 
background wall which shall be so coloured in order tofacilitate the 
observation of any change in the quality of the samplewater.
    .5 The lower part of the display chamber shall be shaped asa funnel 
for collection of the sample water.
    .6 A test cock for taking a grab sample shall be provided inorder 
that a sample of the water can be examined independent of thatin the 
chamber.
    .7 The display arrangement shall be adequately lighted tofacilitate 
visual observation of the sample water.
    4.6 Sample discharge arrangement:
    .1 The sample water leaving the display chamber shall berouted to 
the sea or to a slop tank through piping of adequatediameter.

                               5 Operation

    5.1 When a discharge of dirty ballast water or other oilcontaminated 
water from the cargo tank area is taking place through anoutlet below 
the waterline, the part flow system shall provide samplewater from the 
relevant discharge outlet at all times.
    5.2 The sample water should be observed particularly duringthose 
phases of the discharge operation when the greatest possibilityof oil 
contamination occurs. The discharge shall be stopped wheneverany traces 
of oil are visible in the flow and when the oil contentmeter reading 
indicates oil content exceeds permissible limits.
    5.3 On those systems that are fitted with flushingarrangements, the 
sample piping should be flushed after contaminationhas

[[Page 529]]

been observed and additionally it is recommended that thesample piping 
be flushed after each period of usage.
    5.4 The ship's cargo and ballast handling manuals and, 
whereapplicable, those manuals required for crude oil washing systems 
ordedicated clean ballast tanks operation shall clearly describe the 
useof the part flow system in conjunction with the ballast discharge 
andthe slop tank decanting procedures.

[[Page 530]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.017


[CGD 75-124a, 48 FR 45721, Oct. 6, 1983]

[[Page 531]]



   Sec. Appendix F to Part157--Guidelines and Specifications for Oil 
           Discharge Monitoringand Control Systems for Tankers

    Source. IMO Resolution A.496(XII). Paragraphs 1, 2, 3, and 7are 
printed for information. Paragraphs 4, 5, and 6 are incorporatedinto 
Sec. 157.12.
    Mandatory Language. Wherever the word ``should''is used in this 
appendix, substitute the word ``shall''.Compliance with these provisions 
is mandatory.
    Note. Numbered footnotes have been added by the Coast Guardfor 
clarity. Footnotes in the original text have been 
insertedparenthetically in the text and are identified by an asterisk.

                                1 Purpose

    1.1 The purpose of these Guidelines and Specifications is:
    .1 To provide a uniform interpretation of the requirementsof 
Regulation 15(3)(a) of Annex I to the MARPOL 73/78Convention(1), and
    .2 To assist Administrations in determining appropriatedesign, 
construction and operational parameters for oil dischargemonitoring and 
control systems when such systems are fitted in shipsflying the flag of 
their State.

                              2 Background

    2.1 The requirements of Annex I to the MARPOL 73/78Convention 
relating to oil content monitoring of oil tanker ballastand tank washing 
water are contained in Regulation 15(3)(a), whichstipulates that oil 
tankers of 150 tons gross tonnage and above shallbe equipped with an 
approved oil discharge monitoring and controlsystem and that the system 
shall record continuously:
    .1 The discharge of oil in litres per nautical mile andtotal 
quantity of oil discharge; or
    .2 In lieu of the total quantity of oil discharged, the oilcontent 
of the effluent and rate of discharge.

In both cases the record shall be ``identifiable as totime and date'' 
and shall be kept for at least three years.
    2.2 Regulation 15 also stipulates that the systemshall come into 
operation when there is any discharge of effluent intothe sea and shall 
be such as will ensure that any discharge of oilymixture is 
automatically stopped when the instantaneous rate ofdischarge of oil 
exceeds that permitted by Regulation 9(1)(a). Inexisting oil tankers the 
stopping of the discharge may be performedmanually and the rate of 
discharge may be estimated from the pumpcharacteristics.
    2.3 A test and performance specification for the basic oilcontent 
meter, indicating oil content in ppm, has been adopted byResolution 
A.393(X).
    2.4 Resolution A.445(XI) recognizes the need for earlyinstallation 
of oil discharge monitoring and control systems in orderthat operational 
experience can be gained. That resolution furtherinvites the Marine 
Environment Protection Committee (MEPC) to developguidelines for the 
progressive installation of oil dischargemonitoring and control systems 
for new and existing oil tankers.

                              3 Application

    3.1 An oil discharge monitoring and control system, approvedby the 
Administration, shall be fitted in every oil tanker of 150 tonsgross 
tonnage and above, and shall be fitted in:
    .1 New (*as defined in Regulation 1(6))(2) tankers, onthe date of 
entry into force of the Convention;
    .2 Existing tankers, within three years of the date of entryinto 
force of the Convention.
    3.2 Existing tankers operating with a tank cleaningprocedure using 
crude oil washing in accordance with Regulation 13(8)or with dedicated 
clean ballast tanks in accordance with Regulation13(9) must fit an oil 
content meter not later than the first scheduledshipyard visit after 
entry into force of the Convention.
    3.3 An incentive scheme to encourage the early installationof oil 
discharge monitoring and control systems (Resolution A.445(XI))has been 
developed which allows different requirements depending onthe date of 
installation of the system and the size and building dateof the oil 
tanker. The terms used in the description of the variousrequirements are 
defined in section 4 below.

                              4 Definitions

    4.1 ``Oil discharge monitoring and controlsystem''
    4.1.1 Oil discharge monitoring and control system is ageneral term 
covering any one of the units referred to in paragraphs4.2, 4.3, and 
4.4.
    4.2 ``Control unit''
    4.2.1 A control unit is a system which receives automaticsignals of:
    .1 Oil content;
    .2 Flow rate of discharge;
    .3 Ship's speed;
    .4 Date and time (G.M.T.); and
    .5 Discharge valve position (open or closed).
    4.2.2 The unit shall make automatic recordings of:
    .1 Instantaneous rate of discharge of oil;
    .2 Total quantity of oil discharged;
    .3 Date and time (G.M.T.);
    .4 Discharge valve position (open or closed);

[[Page 532]]

    .5 Alarm condition;
    .6 Failure (i.e., no flow, fault etc.); and
    .7 Override action (i.e., manual override, flushing,calibration 
etc.).
    4.2.3 The unit shall be fitted with a starting interlock 
anddischarge valve control capability. The unit shall meet 
thespecifications contained in the relevant paragraphs of section 6.
    4.3 ``Computing unit''.
    4.3.1 A computing unit is a system which receives automaticsignals 
of:
    .1 Oil content;
    .2 Date and time (G.M.T.);
    .3 Discharge valve activation;
    .4 Flow rate of discharge; and
    .5 Ship's speed in knots.
The flow rate and ship's speed may be manually inserted intothe unit.
    4.3.2 The unit shall make automatic recordings of:
    .1 Instantaneous rate of discharge of oil;
    .2 Total quantity of oil discharged;
    .3 Date and time (G.M.T.);
    .4 Discharge valve position (open or closed);
    .5 Alarm condition;
    .6 Failure (i.e., no flow, fault etc.);
    .7 Override action;
    .8 Manual input (i.e., speed, flow); and
    .9 Oil content if the flow rate has been manually inserted.
    4.3.3 Unless explicitly stated in the ImplementationRequirements 
(see section 5 below) the unit need not be fitted with astarting 
interlock or discharge valve control capability.
    4.3.4 The unit shall meet the specifications contained inthe 
relevant paragraphs of section 6.
    4.4 ``Calculating unit''.
    4.4.1 A calculating unit is a system which receivedautomatic signals 
of:
    .1 Oil content;
    .2 Flow rate of discharge; and
    .3 Ship's speed.
The flow rate and ship's speed may be manually inserted intothe unit.
    4.4.2 The unit shall make an automatic recording of:
    .1 Oil content, unless the oil content meter is providedwith a 
recorder.
    4.4.3 The unit shall display:
    .1 Instantaneous rate of discharge of oil;
    .2 Total quantity of oil discharged, unless permitted to 
becalculated manually.
    4.4.4 The time and date, instantaneous rate of discharge ofoil and, 
the total quantity of oil discharged may be recordedmanually.
    4.4.5 The unit need not be fitted with a starting interlocknor 
discharge valve control capability.
    4.4.6 The unit shall meet the specifications contained inthe 
relevant paragraphs of section 6.
    4.5 ``Starting interlock'' is an automaticdevice which prevents the 
initiation of the opening of the dischargevalve before the monitoring 
and control system is fully operationalwhen use of this system is 
required by the Convention.
    4.6 The ``discharge valve control'' is anautomatic device which 
initiates the sequence to stop the overboarddischarge.

                      5 Implementation Requirements

    5.1 To assist in the implementation of Resolution A.445(XI),an 
implementation scheme has been developed by the MEPC which 
providesslightly different requirements for oil discharge monitoring 
andcontrol systems depending on size and building date of the oil 
tanker.The scheme also allows for different requirements, depending on 
theinstallation date of the system.
    5.2 Under the implementation scheme contained in paragraph5.4 oil 
tankers of 150 tons gross tonnage and above have been arrangedinto five 
categories. Each category of oil tanker shall be fitted withan oil 
discharge monitoring and control system as set out below. Thedefinitions 
given in section 4 should be consulted for a descriptionof the different 
systems.
    5.3 The implementation scheme set out in paragraph 5.4 givesdetails, 
with reference to paragraph 4, of the minimum equipmentrequired to 
comply with this scheme. Where it is expedient to fitequipment of a 
higher category than required no objection shall beraised to this 
arrangement.
    5.4 Implementation scheme:
    5.4.1 Category I--
    .1 An oil tanker of this category is of 4,000 tonsdeadweight and 
above and is a ``new ship'' as defined inRegulation 1(6) of Annex I of 
MARPOL 73/78 and the oil dischargemonitoring and control system is 
installed on or after 1 June 1982.
    .2 This category of ship shall be fitted with a control unitas 
defined under paragraph 4.2.
    5.4.2 Category II--
    .1 An oil tanker of this category is of 4,000 tonsdeadweight and 
above and is a ``new ship'' as defined inRegulation 1(6) of Annex I of 
MARPOL 73/78 and the oil dischargemonitoring and control system is 
installed before 1 June 1982.
    .2 This category of ship shall be fitted with a computingunit as 
defined under paragraph 4.3.
    .3 The system shall also be fitted with a starting interlockand a 
discharge valve control.
    5.4.3 Category III--
    .1 An oil tanker of this category is of 150 tons grosstonnage and 
above, but less than 4,000 tons deadweight and is a``new ship'' as 
defined in Regulation 1(6) of Annex I ofMARPOL 73/78.

[[Page 533]]

    .2 This category of ship shall be fitted with acomputing unit as 
defined under paragraph 4.3.
    .3 No automatic devices are required to activate overboarddischarge 
valve closure, neither is a starting interlock required.
    5.4.4 Category IV(a)--
    .1 An oil tanker of this category is of 20,000 tonsdeadweight and 
above and is an ``existing ship'' asdefined in Regulation 1(7) of Annex 
I of MARPOL 73/78 and the oildischarge monitoring and control system is 
installed between one yearand three years after the date of entry into 
force of MARPOL 73/78.
    .2 This category of ship shall be fitted with a computingunit as 
defined under paragraph 4.3.
    .3 The system shall also be fitted with a startinginterlock, but 
need not be fitted with a discharge valve control.
    .4 For oil tankers within this category up to and including100,000 
tons deadweight, where the overboard discharge has localmanual control 
or where control is provided by means of extensionrods, Administrations 
may grant waivers or exemptions from therequirement to fit a starting 
interlock system (3).
    5.4.5 Category IV(b)--
    .1 An oil tanker of this category is of 20,000 tonsdeadweight and 
above and is an ``existing ship'' asdefined in Regulation 1(7) of Annex 
I of MARPOL 73/78 and the oildischarge monitoring and control system is 
installed not later thanone year after the date of entry into force of 
MARPOL 73/78.
    .2 This category of ship shall be fitted with a computingunit as 
defined under paragraph 4.3.
    .3 No automatic devices are required to activate overboarddischarge 
valve closure, neither is a starting interlock required.
    5.4.6 Category V(a)--
    .1 An oil tanker of this category is of 150 tons grosstonnage and 
above but less than 20,000 tons deadweight and is an``existing ship'' as 
defined in Regulation 1(7) of Annex Iof MARPOL 73/78 and the oil 
discharge monitoring and control system isinstalled between one year and 
three years after the entry into forceof MARPOL 73/78.
    .2 This category of ship shall be fitted with a calculatingunit as 
defined under paragraph 4.4.
    .3 No automatic devices are required to activate overboarddischarge 
valve closure, neither is a starting interlock required.
    5.4.7 Category V(b)--
    .1 An oil tanker of this category is of 150 tons grosstonnage and 
above but less than 20,000 tons deadweight and is an``existing ship'' as 
defined in Regulation 1(7) of Annex Ito MARPOL 73/78 and the oil 
discharge monitoring and control system isinstalled not later than one 
year after the entry into force of MARPOL73/78.
    .2 This category of ship shall be fitted with a calculatingunit as 
defined under paragraph 4.4. However, the total quantity ofoil 
discharged may be computed manually.
    .3 No automatic devices are required to activate overboarddischarge 
valve closure, neither is a starting interlock required.
    5.5 Shown at the Appendix is a summary, in tabular form, ofthe 
implementation requirements (4).

                       6 Technical Specifications

    6.1 Oil discharge monitoring and control system:
    6.1.1 The oil discharge monitoring and control system shallbe so 
fitted that it can effectively monitor and control the dischargeof any 
effluent into the sea through those overboard discharge outletspermitted 
by Regulation 18(2) which in the opinion of theAdministration are 
necessary to fulfill the operational requirementsof the tanker (5). The 
system should additionally cover:
    .1 The gravitational discharge of ballast water from cargotanks; and
    .2 The midship cargo manifold arrangement when used to meetthe 
requirements of Regulation 18.
    6.1.2 The discharge of dirty ballast water or oilcontaminated water 
into the sea through outlets which are notcontrolled by the monitoring 
and control system is an infringement ofthe Convention (6).
    6.1.3 The system should function effectively, according tothe 
criteria shown below, under all environmental conditions whichvessels 
are normally assumed to encounter, and shall be designed andconstructed 
to withstand the environmental conditions as specified inparagraph 6.1.6 
of these Guidelines and Specifications:
    .1 Except where manual operation of the system is permittedthe 
system shall be so designed that no ballast discharge can takeplace 
unless the monitor is in the normal operating mode and therelevant 
sampling point has been connected to the monitor.
    .2 Preferably the system should have a minimum number ofdischarge 
outlets and sampling points so arranged that discharge cantake place via 
only one sampling point at a time.
    .3 Where it is intended that more than one line is used 
forsimultaneous discharge purposes, one oil content meter(7 ), together 
with a flow meter, shall be installed perdischarge line. These 
instruments shall be connected to a commonprocessing unit.
    .4 In order to avoid alarms due to short term high oilconcentration 
signals (spikes) causing indications of highinstantaneous rates of 
discharge, the short term high ppm signal maybe suppressed for a maximum 
of 10 seconds by employing a delay relay.Alternatively, the 
instantaneous rate of discharge may be the averageduring the preceding 
20

[[Page 534]]

seconds or less as computed frominstantaneous ppm values produced by the 
oil content meter withintervals of a maximum of 5 seconds.
    6.1.4 The system should comprise the following:
    .1 An oil content meter to measure the oil content of theeffluent in 
parts per million. This meter shall be approved inaccordance with the 
provisions contained in resolution A.393(X)(8) and certified to take 
into account the range of cargoescarried;
    .2 A flow rate system to indicate the quantity of effluentbeing 
discharged in a unit of time (see also paragraphs 6.3.7 and6.3.8);
    .3 A vessel speed indicating device; to give the vessel'sspeed in 
knots (see also paragraphs 6.4.2 and 6.4.3);
    .4 A sampling system to convey a representative sample ofthe 
effluent to the oil content meter;
    .5 A control section which includes:
    .5.1 A processor, which accepts signals of oil content, flowrate and 
the vessel's speed and converts them into litres per nauticalmile and 
the total quantity of oil discharged (see also paragraph6.5.3);
    .5.2 A transmitting device to provide alarms and, whererequired, 
command signals to the discharge control arrangement;
    .5.3 A recording device to provide, where required, acontinuous 
record of the effluent discharge;
    .5.4 A manual override system to be used in the event offailure of 
the monitoring and control system; and
    .5.5 Where required a transmitting device to provide signalsto a 
starting interlock preventing the discharge of effluent beforethe oil 
content meter is fully operative.
    6.1.5 The electrical components of the system installed in 
ahazardous area of a vessel shall meet the appropriate 
safetyrequirements (*As contained in the provisions of IEC Publication 
92 orits equivalent.) (9) provided for these areas.
    6.1.6 The control section of an oil discharge monitoring andcontrol 
system shall be capable of operating satisfactorily under thefollowing 
environmental conditions:
.1 Ambient air temperature: 0 [deg]C to 55 [deg]C inenclosed spaces; -25 
[deg]C to 55 [deg]C on open decks
.2 Vibration: 2.0 Hz to 13.2 Hz, with displacementamplitude of 1.0 mm 13.2 Hz to 80.0 Hz, with an accelerationamplitude 
of 0.7 g
.3 Voltage variations for alternating current:permanent variation of 
10%
.4 Inclination: inclination at angles of up to22.5[deg] in any place 
from the normal operational position
    6.2 Sampling system:
    6.2.1 Sampling points should be so located that relevantsamples can 
be obtained from those outlets that are used foroperational discharges 
in accordance with paragraph 6.1.1. Thesampling probes located in the 
overboard discharge lines and thepiping system connecting the sampling 
probes to the oil content metershould meet the following requirements:
    .1 The piping and probes shall be of corrosion-resistant andoil-
resistant material, of adequate strength, properly jointed andsupported;
    .2 The system shall have a stop valve fitted adjacent toeach probe, 
except that where the probe is mounted in a cargo line,e.g. to the 
midship cargo manifold arrangement, two stop valves shallbe fitted, in 
series, in the sample line;
    .3 Sampling probes should be arranged for easy withdrawaland should 
as far as practicable be mounted at an accessible locationin a vertical 
section of the discharge line. If a sampling point hasto be made in a 
horizontal section then suitable arrangements shouldbe made to obtain 
representative samples. Sampling probes shouldnormally penetrate inside 
the discharge pipe to a distance of onequarter the diameter of that 
pipe;
    .4 Means shall be provided for cleaning the probes andpiping system 
by the provision of permanent clean water flushingarrangements or some 
other equivalent method, especially in the caseof probes mounted in a 
cargo line. The design of the probes and pipingshould be such as to 
minimize their clogging by oil, oily residue andother matter;
    .5 The velocity of the fluid in the piping shall be suchthat, taking 
into consideration the length of the piping, the overallresponse time 
should be as short as possible between an alteration inthe mixture being 
pumped and the alteration in the meter reading andin any case not more 
than 40 seconds;
    .6 The location of sampling probes in relation to any pointof flow 
diversion to a slop tank shall be selected with regard to theneed for 
sampling the oily water in the recirculation mode;
    .7 The arrangements for driving the sampling pump or anyother pumps 
such as those provided for washing windows shall haveregard to the 
safety requirements of the space in which the pump islocated;
    .8 The flushing arrangements should be such that wherenecessary they 
can be utilized for stabilizing the oil content meterand for correcting 
zero setting;
    .9 Sample water when returned to the slop tank shall not beallowed 
to free fall into the tank.
    6.3 Flow rate indicating system:
    6.3.1 A flow meter for measuring the rate of dischargeshould be 
installed in a vertical section of a discharge line or inany other 
section of discharge line as appropriate, so as to be alwaysfilled with 
the liquid.

[[Page 535]]

    6.3.2 A flow meter should employ an operating principlewhich is 
suitable for shipboard use and, where relevant, can be usedin large 
diameter pipes.
    6.3.3 A flow meter should be suitable for the full range offlow 
rates that may be encountered during normal operation.Alternatively, 
arrangements such as the use of two flow meters ofdifferent ranges or a 
restriction of the operational flow rate rangemay be necessary to meet 
this requirement.
    6.3.4 The flow meter, as installed, should have an accuracyof 15 percent, or better, of the instantaneous 
ratethroughout the operating range.
    6.3.5 Any component part of the flow meter in contact withthe 
effluent discharge including associated piping, if fitted, shallbe of 
corrosion-resistant and oil-resistant material of adequatestrength.
    6.3.6 The design of the flow metering arrangements shallhave regard 
to the safety requirements of the space in which suchmetering 
arrangements are located.
    6.3.7 In ships fitted with a computing unit the flow ratemay be 
determined from the pump characteristics and the data manuallyinserted 
into the unit.
    6.3.8 In ships fitted with a calculating unit the flow ratemay be 
manually inserted into the unit. The flow rate is to beestimated from 
the best available source e.g. pump characteristics,speed of pump(s), 
ullages or knowledge of pumping rates for particulartanks on the ship.
    6.3.9 In oil tankers where the gravitational discharges ofballast 
water from the cargo tanks is an established practice, inaccordance with 
Regulation 18(6)(d), means, such as calibrationcurves, shall be provided 
to estimate the flow rate of discharge.
    6.4 Vessel's speed indicating system:
    6.4.1 The automatic speed signal required for the controlunit shall 
be obtained from the vessel's speed indicating device 
(*See``Recommendation on Performance Standards for Devices toIndicate 
Speed and Distance (Annex to Resolution A.478(XII)).) bymeans of a 
repeater signal. This information shall be readilyavailable in a form 
that can be accepted by a processor. The speedinformation used may be 
either speed over the ground or speed throughthe water depending upon 
the speed measuring equipment installed onboard.
    6.4.2 In ships where a computing unit is required thevessel's speed 
may be manually inserted into the unit. This data shallbe obtained from 
the ship's log or from an indicating device whichtransmits signals which 
need not be in a form which can be accepted bya computer system.
    6.4.3 The vessel's speed on ships required to install acalculating 
unit may be obtained from the ship's log or from thenavigation charts 
and shall be estimated from the most reliablesource.
    6.5 Processor and transmitting device:
    6.5.1 The processor should receive, at time intervals notexceeding 5 
seconds, signals from the oil content meter, the flow ratemeasuring 
system, and the vessel's speed indicator and automaticallycompute the 
following:
    .1 Instantaneous rate of discharge of oil in litres pernautical 
mile; and
    .2 Total quantity of oil discharged per voyage in cubicmeters or 
litres.
    6.5.2 When the calculations of the processor exceed thelimits 
imposed by Regulation 9(1)(a) (iv) and (v) (10) thetransmitting device 
will provide alarms and, in new ships, it willalso provide command 
signals to the discharge valve control which willcause the discharge of 
effluent into the sea to stop.
    6.5.3 In existing ships fitted with a calculating unit wherethe unit 
is installed early, the total quantity of oil discharged maybe computed 
manually.
    6.6 Recording devices:
    6.6.1 Control Unit--
    .1 The recording device for a control unit should include adigital 
printer or an analogue recorder or the combination of both ora recorded 
visible display. The record shall be identifiable as to thetime and date 
and shall be kept for at least three years (11).
    .2 The data to be automatically recorded shall include atleast the 
following items:
    .2.1 Instantaneous rate of discharge of oil (litres pernautical 
mile);
    .2.2 The total quantity of oil discharged (litres);
    .2.3 Time and date (G.m.t.);
    .2.4 The discharge valve position (open or closed);
    .2.5 Alarm condition;
    .2.6 Failure (i.e., no flow, fault, etc.); and
    .2.7 Override action (i.e., manual override, flushing,calibrating, 
etc.).
    6.6.2 Computing Unit--
    .1 The recording device for a computing unit should includea digital 
printer or an analogue recorder or the combination of bothor a recorded 
visible display. The record shall be identifiable as tothe time and date 
and shall be kept for at least three years(11). Manual input information 
should be identifiable on therecord.
    .2 The data to be automatically recorded shall include atleast the 
following items:
    .2.1 Instantaneous rate of discharge of oil (litres pernautical 
mile);
    .2.2 The total quantity of oil discharged (litres);
    .2.3 Time and date (G.m.t.);
    .2.4 Manual input information;
    .2.5 The valve position (open or closed);
    .2.6 Alarm condition;
    .2.7 Failure (i.e., no flow, fault, etc.);
    .2.8 Override action (i.e., manual override, flushing,calibration, 
etc.); and
    .2.9 Oil content if flow rate is manually inserted.

[[Page 536]]

    6.6.3 Calculating Unit--
    .1 An automatic recording device is not required for acalculating 
unit, but, where fitted, the recording device shouldinclude a digital 
printer or an analogue recorder or the combinationof both or a recorded 
acceptable visible display. The record shall beidentifiable as to time 
and date, which may be entered manually, andshall be kept for at least 
three years (11).
    .2 The data to be automatically recorded on the above-mentioned 
recording device shall include at least the following item:Oil content 
in ppm, unless the oil content meter is provided with arecorder.
    6.6.4 Recording for digital printers.
    Occasions of recordings. Data required in paragraphs 
6.6.1.2,6.6.2.2, and 6.6.3.2 of these Specifications shall be printed 
out withthe following minimum frequency:
    .1 When the discharge is started;
    .2 When the discharge is stopped;
    .3 At intervals of not more than 10 minutes;
    .4 When an alarm condition is developed;
    .5 When normal conditions are restored;
    .6 At the change of valve order or valve position;
    .7 When introducing input data;
    .8 Whenever the computed rate of discharge varies by 10litres/
nautical mile, unless an equivalent trend-indicatingarrangement is 
provided;
    .9 When selecting zero setting or calibration mode; and
    .10 On manual command.
    6.6.5 Recording for analogue recorders.
    Data required in paragraphs 6.6.1.2, 6.6.2.2 and 6.6.3.2 of 
theseSpecifications should be continuously recorded in such a way as 
wouldsatisfy the following requirements:
    .1 The chart speed should be indicated. If the speed iscontrollable, 
the recorder shall be provided with a marker to identifythe speed of the 
chart paper; and
    .2 Means shall be provided to enable the chart paper to 
beinterpreted as to time, date and readings after it has been 
removedfrom the recorder.
    6.7 Data display.
    6.7.1 The current data shall be visibly displayed.
    6.7.2 The recording device and the data display should belocated in 
a position easily accessible to the person in charge of theoperation of 
discharging the effluent overboard.
    6.8 Manually operated alternatives.
    6.8.1 The alternative means and information for use in caseof any 
one failure in the system should be as follows:
    .1 Oil Content meter: visual observation of the surface ofthe water 
(12);
    .2 Sampling pump: visual observation of the surface of thewater;
    .3 Flow meter: pump characteristics, etc.;
    .4 Vessel's speed indicating device: main engine R.P.M.,etc.;
    .5 Processor: manual calculation and manual recording; and
    .6 Discharge valve control: manual operation of pumps andvalves.
    6.9 Alarm conditions resulting in the stopping of discharge.
    6.9.1 Audio-visual alarms shall be initiated for any of thefollowing 
conditions:
    .1 Whenever the instantaneous rate of discharge of oilexceeds 60 
litres per nautical mile;
    .2 When the total quantity of oil discharged reaches theallowable 
limit prescribed by the provisions of the relevantRegulations;
    .3 Failure of the system's operation, such as:
    .3.1 Power failure;
    .3.2 Loss of sample;
    .3.3 Failure of the measuring or recording system; or
    .3.4 When the input signal of the sensors exceeds theeffective 
capacity of the system.
    6.10 Location of alarm indicator
    6.10.1 The alarm indicator of the system shall be installedin the 
cargo control room where provided and/or other places where itwill 
attract immediate attention and action.

             7 Equipment, Operation and Maintenance Manuals

    7.1 Administrations shall ensure that approved equipment,operational 
and/or maintenance manuals for the various itemscomprising the oil 
discharge monitoring and control systems are onboard the vessel. These 
manuals shall cover the oil content meter,control, computing or 
calculating unit, flow meter and ship's speedindicator, where required.

         Footnotes: (Added by the U.S. Coast Guard for clarity.)

    (1) The ``MARPOL 73/78 Convention'' is referredto as the MARPOL 
Protocol'' in 33 CFR, Part 157.
    (2) Also defined in Sec. 157.03(i).
    (3) The Coast Guard has determined that a starting interlocksystem 
is not required on Category IV(a) vessels that are 100,000 DWTor less.
    (4) The Coast Guard is not publishing this Appendix.
    (5) Section 157.11(b)(2) requires at least one dischargepoint.
    (6) Section 157.37(a) requires all overboard discharges ofoily 
mixtures to be monitored.
    (7) The ``oil content meter'' is referred to asa ``cargo monitor'' 
in 33 CFR Part 157 and 46 CFR Subpart162.050.
    (8) Approval under 46 CFR Subpart 162.050 constitutescompliance with 
this resolution.

[[Page 537]]

Section 157.12(b) requires thatmonitors installed on U.S. vessels must 
be approved under 46 CFRSubpart 162.050.
    (9) U.S. vessels are required to meet 46 CFR Parts110-113, 
Electrical Engineering Regulations, which alsoconstitutes compliance 
with IEC Publication 92.
    (10) Sections 157.37(a) (3) and (4) impose the same limits.These 
limits relate to instantaneous rate and total quantity of oildischarged.
    (11) Section 157.37(d) also requires that discharge data bekept for 
three years.
    (12) Section 157.37(a)(6) also requires visual observationof the 
discharge if the system fails.

[CGD 75-124a, 48 FR 45723, Oct. 6, 1983]



 Sec. Appendix G to Part 157--Timetablesfor Application of Double Hull 
                              Requirements

    1. Source. These timetables conform to 46 U.S.C. 3703a(c).
    2. Timetables.
    (a) In this section, the age of a vessel is determined from thelater 
of the date on which the vessel is--
    (1) Delivered after original construction;
    (2) Delivered after completion of a major conversion; or
    (3) Qualified for documentation under section 4136 of the 
RevisedStatutes of the United States (46 U.S.C. app. 14).
    (b) A vessel of less than 5,000 gross tons for which a 
buildingcontract or contract for major conversion was placed before June 
30,1990, and that is delivered under that contract before January 
1,1994, and a vessel that had its appraised salvage value determined 
bythe Coast Guard before June 30, 1990, and that qualifies 
fordocumentation under section 4136 of the Revised Statutes of the 
UnitedStates (46 U.S.C. app. 14) before January 1, 1994, may not operate 
inthe navigable waters or the Exclusive Economic Zone of the 
UnitedStates after January 1, 2015, unless equipped with a double hull 
orwith a double containment system determined by the Coast Guard to beas 
effective as a double hull for the prevention of a discharge ofoil.
    (c) A vessel for which a building contract or contract for 
majorconversion was placed before June 30, 1990, and that is 
deliveredunder that contract before January 1, 1994, and a vessel that 
had itsappraised salvage determined by the Coast Guard before June 30, 
1990,and that qualifies for documentation under 46 CFR subpart 67.19 
beforeJanuary 1, 1994, may not operate in the navigable waters or 
ExclusiveEconomic Zone of the United States unless equipped with a 
doublehull--
    (1) In the case of vessel of at least 5,000 gross tons but lessthan 
15,000 gross tons--
    (i) After January 1, 1995, if the vessel is 40 years old or olderand 
has a single hull, or is 45 years old or older and has a doublebottom or 
double sides;
    (ii) After January 1, 1996, if the vessel is 39 years old or 
olderand has a single hull, or is 44 years old or older and has a 
doublebottom or double sides;
    (iii) After January 1, 1997, if the vessel is 38 years old orolder 
and has a single hull, or is 43 years old or older and has adouble 
bottom or double sides;
    (iv) After Janaury 1, 1998, is the vessel is 37 years old or 
olderand has a single hull, or is 42 years old or older and has a 
doublebottom or double sides;
    (v) After January 1, 1999, if the vessel is 36 years old or olderand 
has a single hull, or is 41 years old or older and has a doublebottom or 
double sides;
    (vi) After January 1, 2000, if the vessel is 35 years old or 
olderand has a single hull, or is 40 years old or older and has a 
doublebottom or double sides;
    (vii) After January 1, 2005, if the vessel is 25 years old orolder 
and has a single hull, or is 30 years old or older and has adouble 
bottom or double sides;
    (2) In the case of a vessel of at least 15,000 gross tons but 
lessthan 30,000 gross tons--
    (i) After January 1, 1995, if the vessel is 40 years old or olderand 
has a single hull, or is 45 years old or older and has a doublebottom or 
double sides;
    (ii) After January 1, 1996, if the vessel is 38 years old or 
olderand has a single hull, or is 43 years old or older and has a 
doublebottom or double sides;
    (iii) After January 1, 1997, if the vessel is 36 years old orolder 
and has a single hull, or is 41 years old or older and has adouble 
bottom or double side;
    (iv) After January 1, 1998, if the vessel is 34 years old or 
olderand has a single hull, or is 39 years old or older and has a 
doublebottom or double sides;
    (v) After January 1, 1999, if the vessel is 32 years old or olderand 
has a single hull, or is 37 years old or older and has a doublebottom or 
double sides;
    (vi) After January 1, 2000, if the vessel is 30 years old or 
olderand has a single hull, or is 35 years old or older and has a 
doublebottom or double sides;
    (vii) After January 1, 2001, if the vessel is 29 years old orolder 
and has a single hull, or is 34 years old or older and has adouble 
bottom or double sides;
    (viii) After January 1, 2002, if the vessel is 28 years old orolder 
and has a single hull, or is 33 years old or older and has adouble 
bottom or double sides;
    (ix) After January 1, 2003, if the vessel is 27 years old or 
olderand has a single hull, or is 32 years old or older and has a 
doublebottom or double sides;

[[Page 538]]

    (x) After Janaury 1, 2004, if the vessel is 26 years old orolder and 
has a single hull, or is 31 years old or older and has adouble bottom or 
double sides;
    (xi) After January 1, 2005, if the vessel is 25 years old or 
olderand has a single hull, or is 30 years old or older and has a 
doublebottom or double sides; and
    (3) In the case of a vessel of at least 30,000 gross tons--
    (i) After January 1, 1995, if the vessel is 28 years old or olderand 
has a single hull, or is 33 years old or older and has a doublebottom or 
double sides;
    (ii) After January 1, 1996, if the vessel is 27 years old or 
olderand has a single hull, or is 32 years old or older and has a 
doublebottom or double sides;
    (iii) After January 1, 1997, if the vessel is 26 years old orolder 
and has a single hull, or is 31 years old or older and has adouble 
bottom or double sides;
    (iv) After January 1, 1998, if the vessel is 25 years old or 
olderand has a single hull, or is 30 years old or older and has a 
doublebottom or double sides;
    (v) After January 1, 1999, if the vessel is 24 years old or olderand 
has a single hull, or is 29 years old or older and has a doublebottom or 
double sides;
    (vi) After January 1, 2000, if the vessel is 23 years old or 
olderand has a single hull, or is 28 years old or older and has a 
doublebottom or double sides;
    (d) Except as provided in paragraph (b) of this section--
    (1) A vessel that has a single hull may not operate after January1, 
2010, and
    (2) A vessel that has a double bottom or double sides may notoperate 
after January 1, 2015.
    Note: Double sides and double bottoms must meet therequirements in 
Sec. 157.10d(c) or (d), as appropriate. Avessel will be considered to 
have a single hull if it does not havedouble sides and a double bottom 
that meet the requirements inSec. 157.10d(c) and Sec. 157.10d(d). To 
determinea tank vessel's double hull compliance date under OPA 90, use 
thevessel's hull configuration (i.e., single hull; single hull 
withdouble sides; or single hull with double bottom) on August 18, 
1990.The conversion of a single hull tank vessel to include only 
doublesides or only a double bottom after August 18, 1990, will not 
resultin a change of the vessel's originally scheduled phase-out date. 
Theconversion of a single hull tank vessel to a double hull tank 
vesselmeeting the requirements of Sec. 157.10d complies with OPA90.

[CGD 90-051, 57 FR 36245, Aug. 12, 1992, as amended byUSCG-1999-6164, 65 
FR 39262, June 23, 2000]



PART 158_RECEPTION FACILITIES FOR OIL,NOXIOUS LIQUID SUBSTANCES, AND GARBAGE--Table of Contents




                            Subpart A_General

Sec.
158.100 Purpose.
158.110 Applicability.
158.115 Penalties for violation.
158.120 Definitions.
158.130 Delegations.
158.133 Which ports and terminals must provide receptionfacilities?
158.135 Which ports and terminals must have Certificates ofAdequacy?
158.140 Applying for a Certificate of Adequacy.
158.150 Waivers and alternatives.
158.160 Issuance and termination of a Certificate ofAdequacy.
158.163 Reception facility operations.
158.165 Certificate of Adequacy: Change of information.
158.167 Reporting inadequate reception facilities.

                   Suspension, Revocation, and Appeals

158.170 Grounds for suspension.
158.172 Notification of a suspension order.
158.174 Suspension of a Certificate of Adequacy: Procedure.
158.176 Effect of suspension of a Certificate of Adequacy.
158.178 Actions during a suspension.
158.180 Certificate of Adequacy: Procedures after revocationor the part 
          no longer applies.
158.190 Appeals.

       Subpart B_Criteria for Reception Facilities: Oily Mixtures

158.200 General.
158.210 Ports and terminals loading crude oil.
158.220 Ports and terminals loading more than 1,000 metrictons of oil 
          other than crude oil or bunker oil.
158.230 Ports and terminals other than ports and terminalsunder 
          Sec. Sec. 158.210, 158.220, and 158.240.
158.240 Ship repair yards.
158.250 Standard discharge connection.

Subpart C_Criteria for Certifying That a Port's orTerminal's Facilities 
                 Are Adequate for Receiving NLS Residue

158.300 Purpose.
158.310 Reception facilities: General.
158.320 Reception facilities: Capacity, and exceptions.
158.330 Ports and terminals: Equipment.

[[Page 539]]

     Subpart D_Criteria for Adequacy of ReceptionFacilities: Garbage

158.400 Purpose.
158.410 Reception facilities: General.
158.420 Reception facilities: Capacity and exceptions.

                 Subpart E_Port and Terminal Operations

158.500 Draining cargo area and piping systems.
158.520 Following the instruction manual.

    Authority: 33 U.S.C. 1903(b); 49 CFR 1.46.



                            Subpart A_General

    Source: CGD 85-010, 52 FR 7761, Mar. 12, 1987,unless otherwise 
noted.



Sec. 158.100  Purpose.

    This part establishes the following:
    (a) Criteria for determining the adequacy of reception facilities.
    (b) Procedures for certifying that reception facilities areadequate 
for receiving--
    (1) Oily mixtures from oceangoing tankers and any other 
oceangoingships of 400 gross tons or more;
    (2) NLS residue from oceangoing ships; or
    (3) Garbage from ships.
    (c) Standards for ports and terminals to reduce NLS residue.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended byCGD 88-002, 54 FR 
18407, Apr. 28, 1989;USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]



Sec. 158.110  Applicability.

    (a) Subparts B, C, and E apply to each port and each terminallocated 
in the United States or subject to the jurisdiction of theUnited States 
that is--
    (1) Used by oceangoing tankers, or any other oceangoing ships of400 
gross tons or more, carrying oily mixtures, or by oceangoing shipsto 
transfer NLSs, except those ports and terminals that are used onlyby--
    (i) Tank barges that are not configured and are not equipped 
toballast or wash cargo tanks while proceeding enroute;
    (ii) Ships carrying NLS operating under waivers under 46 
CFR153.491(b); or
    (2) A ship repair yard that services oceangoing ships carrying oilor 
NLS residue.
    (b) Subpart D applies to each port and terminal located in theUnited 
States or subject to the jurisdiction of the United States.

[CGD 88-002, 54 FR 18407, Apr. 28, 1989, as amended byUSCG-2000-7641, 66 
FR 55574, Nov. 2, 2001]



Sec. 158.115  Penalties for violation.

    (a) A person who violates MARPOL 73/78, the Act, or theregulations 
of this part is liable for a civil penalty not to exceed$25,000 for each 
violation, as provided by 33 U.S.C. 1908(b)(1). Eachday of a continuing 
violation constitutes a separate violation.
    (b) A person who makes a false, fictitious statement or 
fraudulentrepresentation in any matter in which a statement or 
representation isrequired to be made to the Coast Guard under MARPOL 73/
78, the Act, orthe regulations of this part, is liable for a civil 
penalty not toexceed $5,000 for each statement or representation, as 
provided by 33U.S.C. 1908(b)(2).
    (c) A person who knowingly violates MARPOL 73/78, the Act, or 
theregulations of this part is liable for a fine for each violation, 
ofnot more than $50,000 dollars, or imprisonment for not more than 
5years, or both, as provided by 33 U.S.C. 1908(a).

[CGD 88-002, 54 FR 18407, Apr. 28, 1989]



Sec. 158.120  Definitions.

    As used in this part:
    Bunker oil means oil loaded into bunker tanks for use asfuel.
    Captain of the Port (COTP) means the Coast Guard officercommanding a 
Captain of the Port Zone described in Part 3 of thischapter.
    Certificate of Adequacy means a document issued by the CoastGuard or 
other authorized agency that certifies a port or terminalmeets the 
requirements of this part with respect to receptionfacilities required 
under the Act and MARPOL 73/78, and has Form A,Form B, or Form C 
attached.
    Clean ballast has the same meaning as inSec. 157.03(e) of this 
chapter.
    Commandant means Commandant, U.S. Coast Guard.

[[Page 540]]

    Commercial fishing facility means docks, piers,processing houses, or 
other facilities which receive commercialfishery products from ships.
    Daily vessel average means the total number of oceangoingtankers, or 
any other oceangoing ships of 400 gross tons or more,carrying residues 
and mixtures containing oil, serviced over a typicalcontinuous 12 month 
period, divided by 365.
    Form A means the application for a reception facilityCertificate of 
Adequacy for oil, Coast Guard form USCG-CG-5401A(9-85).
    Form B means the application for a reception facilityCertificate of 
Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87).
    Form C means the application for a Certificate of Adequacyfor a 
Reception Facility for Garbage, Coast Guard form USCG-CG-
5401C.``Garbage'' means all kinds of victual, domestic, andoperational 
waste, excluding fresh fish and parts thereof, generatedduring the 
normal operation of the ship and liable to be disposed ofcontinuously or 
periodically, except dishwater, graywater, and thosesubstances that are 
defined or listed in other annexes to MARPOL73/78. ``Harmful substance'' 
means any substance which, ifintroduced into the sea, is liable to 
create hazards to human health,harm living resources and marine life, 
damage amenities or interferewith other legitimate uses of the sea, and 
includes any substancesubject to control by MARPOL 73/78.
    High viscosity NLS includes Category A NLSs having aviscosity of at 
least 25 mPa.s at 20 [deg]C and of at least 25 mPa.sat the time they are 
unloaded, high viscosity Category B NLSs, andhigh viscosity Category C 
NLSs.
    High viscosity Category B NLS means any Category B NLShaving a 
viscosity of at least 25 mPa.s at 20 [deg]C and at least 25mPa.s at the 
time it is unloaded.
    High viscosity Category C NLS means any Category C NLShaving a 
viscosity of at least 60 mPa.s at 20 [deg]C and at least 60mPa.s at the 
time it is unloaded.
    MARPOL 73/78 means the International Convention for thePrevention of 
Pollution from Ships, 1973, as modified by the Protocolof 1978 relating 
to that Convention. A copy of MARPOL 73/78 isavailable from the 
International Maritime Organization, 4 AlbertEmbankment, London, SE1 
7SR, England.
    Medical waste means isolation wastes, infectious agents,human blood 
and blood products, pathological wastes, sharps, bodyparts, contaminated 
bedding, surgical wastes and potentiallycontaminated laboratory wastes, 
dialysis wastes, and such additionalmedical items as prescribed by the 
Administrator of the EPA byregulation. ``Mineral and oil industry 
shorebase'' means aplace or onshore structure or facility which is a 
base of operationsfor ships serving the mineral and oil industry.
    Noxious liquid substance (NLS) means--
    (1) Each substance listed in Sec. 151.47 orSec. 151.49 of this 
chapter;
    (2) Each substance having an ``A'', ``B'',``C'', or ``D'' beside 
it's name in the columnheaded ``Pollution Category'' in Table 1 of 46 
CFR Part153; and
    (3) Each substance that is identified as an NLS in a 
writtenpermission issued under 46 CFR 153.900(d).
    Oceangoing ship means a ship that--
    (1) Is operated under the authority of the United States andengages 
in international voyages;
    (2) Is operated under the authority of the United States and 
iscertificated for ocean service;
    (3) Is operated under the authority of the United States and 
iscertificated for coastwise service beyond three miles from land;
    (4) Is operated under the authority of the United States andoperates 
at any time seaward of the outermost boundary of theterritorial sea of 
the United States as defined in Sec. 2.22of this chapter; or
    (5) Is operated under the authority of a country other than 
theUnited States.
    Note: A Canadian or U.S. ship being operated exclusively onthe Great 
Lakes of North America or their connecting and tributarywaters, or 
exclusively on the internal waters of the United States andCanada, is 
not an ``oceangoing ship.''
    Oil means petroleum whether in solid, semi-solid,emulsified, or 
liquid form, including but not limited to, crude oil,fuel oil, sludge, 
oil refuse, oil

[[Page 541]]

residue, and refined products,and, without limiting the generality of 
the foregoing, includes thesubstances listed in Appendix I of Annex I of 
MARPOL 73/78.``Oil'' does not include animal and vegetable based oil 
ornoxious liquid substances (NLS) designated under Annex II of MARPOL73/
78.
    Oil cargo residue means any residue of oil cargo whether insolid, 
semi-solid, emulsified, or liquid form from cargo tanks andcargo pump 
room bilges, including but not limited to, drainages,leakages, exhausted 
oil, muck, clingage, sludge, bottoms, paraffin(wax), and any constituent 
component of oil. The term ``oilcargo residue'' is also known as ``cargo 
oilresidue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil resulting from drainages, 
leakages,exhausted oil, and other similar occurrences from machinery 
spaces.
    Oily mixture means a mixture, in any form, with any oilcontent. 
``Oily mixture'' includes, but is not limitedto--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oilywaste, 
and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks.
    Person has the same meaning as in Sec. 151.05(n)of this chapter.
    Person in charge means an owner, operator, or a personauthorized to 
act on behalf of a port or terminal.
    Note: The ``person in charge'' under this partis not necessarily the 
same person as the ``person incharge'' referred to in Parts 151, 154, 
155, and 156 of thischapter (as defined in Sec. 154.105 of this 
chapter.)
    Prewash means a tank washing operation that meets theprocedure in 46 
CFR 153.1120.
    Port means--
    (1) A group of terminals that combines to act as a unit and 
beconsidered a port for the purposes of this part;
    (2) A port authority or other organization that chooses to 
beconsidered a port for the purposes of this part; or
    (3) A place or facility that has been specifically designated as 
aport by the COTP.
    Reception facility means anything capable of receivingshipboard oily 
mixtures or NLS residue, or receiving garbage,including, but not limited 
to--
    (1) Fixed piping that conveys residues and mixtures from the shipto 
a storage or treatment system;
    (2) Tank barges, railroad cars, tank trucks, or other 
mobilefacilities;
    (3) Containers or other receptacles that are used as 
temporarystorage for garbage; or
    (4) Any combination of fixed and mobile facilities.``Recreational 
boating facility'' means a facility that iscapable of providing wharfage 
or other services for 10 or morerecreational vessels. It includes, but 
is not limited to, marinas,boatyards, and yacht clubs, but does not 
include a place or facilitycontaining only an unattended launching ramp.
    Regulated NLS cargo includes each Category A or highviscosity or 
solidifying Category B or C NLS cargo listed in Table 1of 46 CFR Part 
153 that contains a reference toSec. 153.908(a) or Sec. 153.908(b) in 
the``Special Requirements'' column of that table and isunloaded at the 
port or terminal within a typical continuous 12 monthperiod either 
before or after application is made for a Certificate ofAdequacy.
    Residues and mixtures containing NLSs (NLS residue)means--
    (1) Any Category A, B, C, or D NLS cargo retained on the shipbecause 
it fails to meet consignee specifications;
    (2) Any part of a Category A, B, C or D NLS cargo remaining on 
theship after the NLS is discharged to the consignee, including but 
notlimited to puddles on the tank bottom and in sumps, clingage in 
thetanks, and substance remaining in the pipes; or
    (3) Any material contaminated with Category A, B, C, or D NLScargo, 
including but not limited to bilge slops, ballast, hose drippan 
contents, and tank wash water.
    Segregated ballast has the same meaning as contained inSec. 
157.03(r) of this chapter.
    Ship means a vessel of any type whatsoever, operating in themarine 
environment. This includes hydrofoils, air cushion 
vehicles,submersibles, floating craft whether self-propelled or not, and 
fixedor floating drilling rigs or other platforms.

[[Page 542]]

    Solidifying NLS means a Category A, B, or C NLS thathas a melting 
point--
    (1) Greater than 0 [deg]C but less than 15 [deg]C and atemperature, 
measured under the procedure in 46 CFR 153.908(d), thatis less than 5 
[deg]C above its melting point at the time it isunloaded; or
    (2) 15 [deg]C or greater and has a temperature, measured underthe 
procedure in 46 CFR 153.908(d), that is less than 10 [deg]C aboveits 
melting point at the time it is unloaded.
    Tank barge has the same meaning as contained in 46 CFR30.10-65.
    Tanker means a ship constructed or adapted primarily tocarry oil in 
bulk in the cargo spaces.
    Terminal means an onshore facility or an offshore structurelocated 
in the navigable waters of the United States or subject to 
thejurisdiction of the United States and used, or intended to be used, 
asa port or facility for the transfer or other handling of a 
harmfulsubstance.
    Note: The Coast Guard interprets commercial fishingfacilities, 
recreational boating facilities, and mineral and oilindustry shorebases 
to be terminals for the purposes of Annex V ofMARPOL 73/78, since these 
facilities normally provide wharfage andother services, including 
garbage handling, for ships. ``TheAct'' means the Act to Prevent 
Pollution from Ships, as amended,(33 U.S.C. 1901-1911).
    The Act means the Act to Prevent Pollution from Ships (94Stat. 2297, 
33 U.S.C. 1901 et seq).

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended byCGD 88-002, 54 FR 
18407, Apr. 28, 1989;USCG-2000-7641, 66 FR 55574, Nov. 2, 2001;USCG-
2008-0179, 73 FR 35015, June 19, 2008]



Sec. 158.130  Delegations.

    Each COTP is delegated the authority to--
    (a) Conduct inspections at ports and terminals required to 
havereception facilities under this part;
    (b) Issue Certificates of Adequacy;
    (c) Grant waivers under Sec. 158.150;
    (d) Designate ports; and
    (e) Deny entry of ships to any port or terminal, except when aship 
is entering under force majeure, that does not have--
    (1) A Certificate of Adequacy if required underSec. 158.135; or
    (2) Reception facilities for garbage required under Subpart D ofthis 
part.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989]



Sec. 158.133  Which ports and terminals must provide reception facilities?

    (a) A port or terminal which receives oceangoing tankers, or 
anyother oceangoing ship of 400 gross tons or more, carrying 
oilymixtures, must have a reception facility which meets Subpart B of 
thispart.
    (b) A port or terminal which receives oceangoing ships carryingNLSs 
must have a reception facility which meets Subpart C of thispart.
    (c) All ports and terminals under the jurisdiction of the 
UnitedStates, including commercial fishing facilities, mineral and 
oilshorebases, and recreational boating facilities, must have a 
receptionfacility which meets Subpart D of this part.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended byUSCG-2000-7641, 66 
FR 55574, Nov. 2, 2001]



Sec. 158.135  Which ports and terminals must have Certificates of Adequacy?

    To continue to receive ships, a port or terminal must hold one 
ormore Certificates of Adequacy to show compliance with--
    (a) Subpart B of this part if it receives oceangoing tankers, orany 
other oceangoing ship of 400 gross tons or more, carrying oilymixtures.
    (b) Subpart C of this part if it receives oceangoing shipscarrying 
NLSs.
    (c) Subpart D of this part if it receives--
    (1) The ships under paragraph (a) or (b) of this section; or
    (2) Fishing vessels which offload more than 500,000 pounds 
ofcommercial fishery products from all ships during a calendar year.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended byUSCG-2000-7641, 66 
FR 55574, Nov. 2, 2001]



Sec. 158.140  Applying for a Certificate of Adequacy.

    (a) To continue to receive ships at a port or terminal required 
bySec. 158.135 to have a Certificate of Adequacy for itsreception 
facilities, the person in

[[Page 543]]

charge must apply to theCoast Guard for a certificate as follows:
    (1) Applicants for a Certificate of Adequacy required bySec. 
158.135(a) or (b) must apply to the COTP of the Zone inwhich the port or 
terminal is located using Form A or Form B,respectively.
    (2) An applicant for a Certificate of Adequacy required by 
section158.135(c) must apply on Form C to the COTP of the Zone in which 
theport or terminal is located.
    (b) Applications for Certificates of Adequacy, Forms A, B, or C,may 
be obtained from the local Coast Guard COTP.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended byCGD 96-026, 61 FR 
33668, June 28, 1996; 61 FR 36629, July 12,1996]



Sec. 158.150  Waivers and alternatives.

    (a) If the person in charge believes that a requirement in thispart 
is unreasonable or impracticable for the port's or terminal'soperations, 
the person in charge may submit a request for a waiver tothe COTP. This 
application must--
    (1) Be in writing; and
    (2) Include the--
    (i) Reasons why the requirement is unreasonable or impracticable;
    (ii) Proposed alternatives that meet MARPOL 73/78; and
    (iii) Additional information requested by the COTP.
    (b) If the COTP allows the alternative proposed under 
paragraph(a)(2)(ii) of this section, the waiver--
    (1) Is in writing; and
    (2) States each alternative that applies and the requirement 
underthis part for which the alternative is substituted.
    (c) The person in charge shall ensure that each waiver issuedunder 
paragraph (b) of this section is attached to the Certificate ofAdequacy 
issued for the port or terminal.



Sec. 158.160  Issuance and termination of a Certificate of Adequacy.

    (a) After reviewing an application made underSec. 158.140(a)(1), 
the COTP determines by inspection thefollowing:
    (1) When the application is made on Form A, whether or not 
thereception facility meets Subpart B of this part.
    (2) When the application is made on Form B, whether or not 
thereception facility and the port, or the reception facility and 
theterminal, meet Subpart C of this part.
    Note: If in the instruction manual required bySec. 158.330(b) there 
is a certification by a registeredprofessional engineer licensed by a 
state or the District of Columbiathat the backpressure requirements 
under Sec. 158.330(a) aremet, the COTP determines whether or not to 
accept this finding.
    (b) After the inspections under paragraph (a) are conducted, 
andafter consulting with the Administrator of the 
EnvironmentalProtection Agency (EPA) or his or her designee, the COTP.
    (1) Issues a Certificate of Adequacy to the person in charge forthe 
port or terminal; or
    (2) Denies the application and informs the person in charge 
inwriting of the reasons for the denial.
    (c) After reviewing an application made underSec. 158.140(a)(2), 
the COTP--
    (1) Issues a Certificate of Adequacy to the person in charge forthe 
port or terminal; or
    (2) Denies the application and informs the person in charge 
inwriting of the reasons for the denial.
    (d) In order to remain valid, the Certificate of Adequacy musthave 
attached to it any waivers that are granted underSec. 158.150 when the 
Certificate of Adequacy is issued.
    (e) Each Certificate of Adequacy remains valid until--
    (1) Suspended;
    (2) Revoked; or
    (3) This part no longer applies to the port or terminal.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended byCGD 96-026, 61 FR 
33668, June 28, 1996]



Sec. 158.163  Reception facility operations.

    (a) Each person in charge and each person who is in charge of 
areception facility shall ensure that the reception facility does 
notoperate in a manner that violates any requirement under this part.
    (b) A copy of the Certificate of Adequacy issued for the port 
orterminal must be--
    (1) At each port and terminal under this part; and
    (2) Available for inspection by the COTP and the master, 
operator,person

[[Page 544]]

who is in charge of a ship, or agent for a ship.
    (c) Ports and terminals required to have an Operations Manualunder 
this chapter or 46 CFR Chapter 1 must have a copy of theCertificate of 
Adequacy issued for the port or terminal, including anywaivers, attached 
to that Operations Manual.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended byCGD 88-002, 54 FR 
18409, Apr. 28, 1989]



Sec. 158.165  Certificate of Adequacy: Change of information.

    (a) Except as required in paragraph (b) of this section, theperson 
in charge shall notify the COTP in writing within 10 days afterany 
information required in section 2, 3A, 3G, or 3H, of Form A orsection 2, 
5A, or 5C of Form B changes.
    (b) The person in charge shall notify the COTP in writing within30 
days after any information required in the following is changed:
    (1) Form A, sections 1, 3B, 3C, 3E, 3F, 3I, or 3J.
    (2) Form B, sections 1, 3, 4, 5B, 5D, 5E, 5F or 5G.
    (3) Form C, sections A1, B1, B2, or D4.
    (c) The person in charge shall maintain at the port or terminal 
acopy of the information submitted under paragraphs (a) and (b) of 
thissection, until a corrected Certificate of Adequacy is received 
fromthe COTP.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended byCGD 88-002, 54 FR 
18409, Apr. 28, 1989; 55 FR 35988, Sept. 4,1990]



Sec. 158.167  Reporting inadequate reception facilities.

    Any person may report to the local Coast Guard COTP that 
receptionfacilities required by these regulations or MARPOL 73/78 
areinadequate. Reports of inadequate reception facilities may be 
madeorally, in writing or by telephone.

[CGD 88-002, 54 FR 18409, Apr. 28, 1989]

                   Suspension, Revocation, and Appeals



Sec. 158.170  Grounds for suspension.

    The COTP may suspend a Certificate of Adequacy if--
    (a) Deficiencies recur or significantly affect the adequacy of 
thereception facility;
    (b) Continued operations will result in undue delay to shipscalling 
at the port or terminal;
    (c) There is a failure to accept NLS residue from a ship afterit's 
cargo tanks are prewashed in accordance with 46 CFR 153.1120; or
    (d) There is a substantial threat of discharge of oil or NLS intoor 
upon the navigable waters of the United States or adjoiningshorelines.



Sec. 158.172  Notification of a suspension order.

    (a) If the COTP has grounds for an immediate suspension of or 
isconsidering suspending a Certificate of Adequacy, the COTP notifiesthe 
person in charge of the intended action. Each notification of 
asuspension order, whether oral or written, includes--
    (1) The grounds for the suspension;
    (2) The date when the suspension becomes effective; and
    (3) Information on how the suspension may be withdrawn, includingall 
corrective actions required.
    (b) If the suspension order is made orally, the COTP issues 
asuspension order in writing within five days after the 
initialnotification.



Sec. 158.174  Suspension of a Certificate of Adequacy: Procedure.

    (a) If no evidence or arguments are submitted in response to 
anotification of a suspension order, the suspension is effective on 
thedate stated in the order.
    (b) If any petition for withdrawing a suspension order issubmitted 
in response to a notification of a suspension order, theCOTP considers 
the evidence or arguments and notifies the person incharge of any action 
taken including--
    (1) Denial of the petition for withdrawing a suspension order;
    (2) Initiation of civil or criminal penalty action under Subpart1.07 
of Part 1 of this chapter; or
    (3) Withdrawing the suspension order.



Sec. 158.176  Effect of suspension of a Certificate of Adequacy.

    After the COTP notifies the person in charge and places asuspension 
order in

[[Page 545]]

effect, the COTP denies entry of ships to theport or terminal while the 
Certificate of Adequacy is suspended.



Sec. 158.178  Actions during a suspension.

    (a) If a Certificate of Adequacy is suspended for longer than afive 
day period, the person in charge shall return it to the COTPwithin five 
days after the suspension becomes effective.
    (b) After the suspension is in effect, the COTP may--
    (1) Terminate the suspension order after receiving informationfrom 
the person in charge that corrective action has been taken; or
    (2) Revoke the Certificate of Adequacy if no significant action 
isundertaken by the person in charge to meet any measures ordered by 
theCOTP.



Sec. 158.180  Certificate of Adequacy: Procedures after revocation or the partno longer applies.

    (a) If a Certificate of Adequacy is revoked, the person in 
chargeshall return it to the COTP within five days after the 
revocationbecomes effective.
    (b) When this part no longer applies to the port or terminal, 
theperson in charge shall return the Certificate of Adequacy to the 
COTPwithin 30 days after this part no longer applies.
    (c) After the Certificate of Adequacy has been returned to theCOTP 
under paragraph (a) or (b) of this section, an application for anew 
Certificate of Adequacy may be submitted underSec. 158.140.



Sec. 158.190  Appeals.

    (a) Any person directly affected by an action taken under thispart 
may request reconsideration by the Coast Guard officerresponsible for 
that action.
    (b) Except as provided under paragraph (e) of this section, 
theperson affected who is not satisfied with a ruling after having 
itreconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the rulingto 
the Coast Guard District Commander of the district in which theaction 
was taken; and
    (2) Supply supporting documentation and evidence that theappellant 
wishes to have considered.
    (c) The District Commander issues a ruling after reviewing theappeal 
submitted under paragraph (b) of this section. Except asprovided under 
paragraph (e) of this section, the person affected whois not satisfied 
with this ruling may--
    (1) Appeal that ruling in writing within 30 days after the rulingto 
the Assistant Commandant for Marine Safety, Security andEnvironmental 
Protection, U.S. Coast Guard, Washington, DC, 20593; and
    (2) Supply supporting documentation and evidence that theappellant 
wishes to have considered.
    (d) After reviewing the appeal submitted under paragraph (c) ofthis 
section, the Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection issues a ruling which is final agency 
action.
    (e) If the delay in presenting a written appeal has an adverseimpact 
on the operations of the appellant, the appeal under paragraph(b) or (c) 
of this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the 
oralpresentation--
    (i) With the basis for the appeal and a summary of the 
materialpresented orally; and
    (ii) To the same Coast Guard official who heard the 
oralpresentation.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended byCGD 96-026, 61 FR 
33668, June 28, 1996; CGD 97-023, 62FR 33364, June 19, 1997; USCG-2002-
12471, 67 FR 41333,June 18, 2002]



       Subpart B_Criteria for Reception Facilities: Oily Mixtures

    Source: CGD 78-035, 50 FR 36793, Sept. 9, 1985,unless otherwise 
noted.



Sec. 158.200  General.

    (a) Except as allowed in paragraph (b) of this section, thefacility 
used to meet Regulation 12 of Annex I to MARPOL 73/78must--
    (1) Be a reception facility as defined underSec. 158.120 that is 
available at the port or terminal;
    (2) Hold each Federal, State, and local permit and licenserequired 
by environmental laws and regulations concerning oilymixtures; and

[[Page 546]]

    (3) Be capable of--
    (i) Receiving oily mixtures from oceangoing ships within 24 
hoursafter notice by that ship;
    (ii) Completing the reception of ballast water containing 
oilymixtures from the ship in less than 10 hours after waste 
transferoperations begin; and
    (iii) Completing the reception of other oily mixtures in less than4 
hours after the transfer operation begins.
    (b) Reception facilities for ship repair yards do not have to 
meetparagraphs (a)(3)(i) through (a)(3)(iii) of this section, but must 
becapable of completing transfer of oily mixtures from each 
oceangoingship before the ship departs from the ship repair yard.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended byCGD 85-010, 52 FR 
7764, Mar. 12, 1987;USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]



Sec. 158.210  Ports and terminals loading crude oil.

    The reception facility for a crude oil loading port or terminalmust 
have the capacity for receiving--
    (a) Oil residue from on-board fuel and lubricating oil processingin 
the amount of 10 metric tons (11 short tons);
    (b) Bilge water containing oily mixtures in the amount of 10metric 
tons (11 short tons) or 2 metric tons (2.2 short tons)multiplied by the 
daily vessel average, whichever quantity is greater;and
    (c) Ballast water containing oily mixtures in the amount of 30% 
ofthe deadweight tonnage of the largest of the oceangoing tankersloading 
crude oil at the port or terminal that do not have cleanballast tanks 
(CBT), segregated ballast tanks (SBT), or crude oilwashing (COW) meeting 
Part 157 of this subchapter, multiplied by oneor the daily vessel 
average, whichever quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended byCGD 85-010, 52 FR 
7764, Mar. 12, 1987;USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]



Sec. 158.220  Ports and terminals loading more than 1,000 metric tons of oilother than crude oil or bunker oil.

    The reception facility for an oil loading port or terminal thatloads 
a daily average of more than 1,000 metric tons (1,100 shorttons) of oil 
other than crude oil or bunker oil to oceangoing tankersmust have the 
capacity for receiving--
    (a) Oil residue from on-board fuel and lubricating oil processingin 
the amount of 10 metric tons (11 short tons);
    (b) Bilge water containing oily mixtures in the amount of 10metric 
tons (11 short tons) or 2 metric tons (2.2 short tons)multiplied by the 
daily vessel average, whichever quantity is greater;
    (c) Ballast water containing oily mixtures in the amount of 30% 
ofthe deadweight tonnage of the largest of the oceangoing tankersloading 
oil other than crude oil or bunker oil, at the port orterminal, that do 
not have CBT or SBT meeting Part 157 of thischapter, multiplied by one 
or the daily vessel average, whicheverquantity is greater; and
    (d) Oil cargo residue in the amount of 0.2% of the total 
cargocapacity of the largest of the oceangoing tankers loading oil 
otherthan crude oil or bunker oil, at the port or terminal, multiplied 
byone or the daily vessel average, whichever quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended byCGD 85-010, 52 FR 
7764, Mar. 12, 1987;USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]



Sec. 158.230  Ports and terminals other than ports and terminals underSec. Sec. 158.210, 158.220, and 158.240.

    Reception facilities for ports and terminals other than thoseunder 
Sec. Sec. 158.210, 158.220, and 158.240 of thissubpart and those that 
are used exclusively by non-self-propelled tankbarges, must have the 
capacity for receiving--
    (a) Oil residue from on-board fuel and lubricating oil processingin 
the amount of 10 metric tons (11 short tons), or 1 metric ton (1.1short 
tons) multiplied by the daily vessel average, whichever quantityis 
greater; and

[[Page 547]]

    (b) Bilge water containing oily mixtures in the amount of 10metric 
tons (11 short tons) or 2 metric tons (2.2 short tons)multiplied by the 
daily vessel average, whichever quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended byCGD 85-010, 52 FR 
7764, Mar. 12, 1987;USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]



Sec. 158.240  Ship repair yards.

    The reception facility that services oceangoing ships using a 
shiprepair yard must have a capacity for receiving--
    (a) An amount of ballast from bunker tanks, and the wash water 
andoil residue from the cleaning of bunker tanks and oil residue 
(sludge)tanks, equal to 8 percent of the bunker capacity of the 
largestoceangoing ship serviced;
    (b) An amount of solid oil cargo residues from cargo tanks equalto 
0.1 percent of the deadweight tonnage of the largest oceangoingtanker 
serviced;
    (c) An amount of ballast water containing oily mixtures and 
washwater from in-port tank washing equal to--
    (1) 1,500 metric tons (1,650 short tons), or;
    (2) 4\1/2\% of the deadweight tonnage of the largest 
oceangoingtanker serviced; and
    (d) An amount of liquid oil cargo residue based on the 
followingpercentages of deadweight tonnage of the largest oceangoing 
tankerserviced:
    (1) For crude oil oceangoing tankers, 1%.
    (2) For black product oceangoing tankers, 0.5%
    (3) For white product oceangoing tankers, 0.2%

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended byUSCG-2000-7641, 66 
FR 55574, Nov. 2, 2001]



Sec. 158.250  Standard discharge connection.

    Each reception facility that received bilge water containing 
oilymixtures must have a standard discharge connection that--
    (a) Meets Sec. 155.430 of this subchapter; and
    (b) Attaches to each hose or pipe that removes bilge watercontaining 
oily mixtures from oceangoing ships.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended byUSCG-2000-7641, 66 
FR 55574, Nov. 2, 2001]



Subpart C_Criteria for Certifying That a Port's orTerminal's Facilities 
                 Are Adequate for Receiving NLS Residue

    Source: CGD 85-010, 52 FR 7764, Mar. 12, 1987,unless otherwise 
noted.



Sec. 158.300  Purpose.

    The purpose of this subpart is to supply the criteria needed 
forports and terminals under Sec. 158.110 used by oceangoingships 
carrying NLS cargo or NLS residue to meet Regulation 7 of AnnexII to 
MARPOL 73/78.



Sec. 158.310  Reception facilities: General.

    (a) Except as allowed in paragraph (b) of this section, 
eachreception facility, in order to pass the inspection underSec. 
158.160, must--
    (1) Be a reception facility as defined underSec. 158.120;
    (2) Be available at the port or terminal;
    (3) Meet the requirements of Sec. 158.320;
    (4) Hold each Federal, State, and local permit and licenserequired 
by environmental laws and regulations concerning NLS residue;
    (5) Be capable of receiving NLS residue from an oceangoing 
shipwithin 24 hours after notice by that ship of the need for 
receptionfacilities; and
    (6) Be capable of completing the transfer of NLS residue within 
10hours after the transfer of NLS residue begins.
    (b) A reception facility for a ship repair yard does not have tomeet 
the requirements of paragraphs (a)(5) and (a)(6) of this sectionif it is 
capable of completing transfer of NLS residue from anoceangoing ship 
before the ship departs from the yard.



Sec. 158.320  Reception facilities: Capacity, and exceptions.

    (a) Except as allowed in paragraph (b) of this section, each daythe 
port or terminal is in operation, the port or

[[Page 548]]

terminal musthave a reception facility that is capable of receiving--
    (1) 75 cubic meters (19,810 gallons) of NLS residue for 
eachregulated NLS cargo that is a solidifying Category A NLS; or
    (2) 50 cubic meters (13,210 gallons) of NLS residue for 
eachregulated NLS cargo that is not a solidifying Category A.
    (b) The port or terminal need only meet Sec. 158.330 ifit is used 
by ships that only transfer Category B or C NLS cargoesthat are not high 
viscosity or solidifying Category B or C NLSs.
    (c) For each category of NLS cargo carried on a ship, each day aship 
repair yard is in operation and being used by a ship that mustdischarge 
NLS residue in order to proceed with repair work, the shiprepair yard 
must have a reception facility that is capable ofreceiving--
    (1) 50 cubic meters (13,210 gallons) of NLS residue that containsa--
    (i) Category A NLS that is not a solidifying NLS;
    (ii) Category B NLS; or
    (iii) Category C NLS; or
    (iv) Category D NLS; or
    (2) 75 cubic meters (19,810 gallons) of NLS residue that containsa 
Category A NLS that is a solidifying NLS cargo.



Sec. 158.330  Ports and terminals: Equipment.

    Each port and terminal except ship repair yards, in order to passthe 
inspection under Sec. 158.160, must--
    (a) At mean low tide and with the ship's manifold 10 feet abovethe 
surface of the water, be capable of receiving Category B or C NLScargo 
during the stripping operations at an average flow rate of 6cubic meters 
(1584 gallons) per hour without the backpressure at theship's manifold 
exceeding 101.6 kPa (14.7 pounds per square inchgauge) pressure; and
    (b) Have an instruction manual that lists the equipment 
andprocedures for meeting paragraph (a) of this section. The 
instructionmanual may be made part of the operations manual that is 
requiredunder Sec. 154.300 of this chapter.



     Subpart D_Criteria for Adequacy of Reception Facilities:Garbage

    Source: CGD 88-002, 54 FR 18409, Apr. 28, 1989,unless otherwise 
noted.



Sec. 158.400  Purpose.

    The purpose of this subpart is to supply the criteria fordetermining 
the adequacy of reception facilities for garbage at portsand terminals 
that receive ships and to comply with the Act andRegulation 7 of Annex V 
to MARPOL 73/78.



Sec. 158.410  Reception facilities: General.

    (a) Except as allowed in paragraph (b) of this section, the personin 
charge of a port or terminal shall ensure that each port orterminal's 
reception facility.
    (1) Is capable after August 28, 1989 of receiving APHIS 
regulatedgarbage at a port or terminal no later than 24 hours after 
noticeunder Sec. 151.65 of this chapter is given to the port 
orterminal, unless it only receives ships that--
    (i) Operate exclusively within the navigable waters of the 
UnitedStates;
    (ii) Operate exclusively between ports or terminals in 
thecontinental United States; or
    (iii) Operate exclusively between continental United States portsor 
terminals and Canadian ports or terminals.
    (2) Is capable of receiving medical wastes or hazardous 
wastesdefined in 40 CFR 261.3, unless the port or terminal operator 
canprovide to the master, operator, or person in charge of a ship, a 
listof persons authorized by federal, state, or local law or regulation 
totransport and treat such wastes;
    (3) Is arranged so that it does not interfere with port orterminal 
operations;
    (4) Is conveniently located so that mariners unfamiliar with theport 
or terminal can find it easily and so that it's use will not 
bediscouraged;
    (5) Is situated so that garbage from ships which has been placedin 
it cannot readily enter the water; and
    (6) Holds each federal, state, and local permit or licenserequired 
by environmental and public health laws and

[[Page 549]]

regulationsconcerning garbage handling.
    (b) A reception facility for a ship repair yard does not have tomeet 
the requirements of paragraph (a)(1) of this section if it iscapable of 
handling the transfer of garbage from a ship before theship departs from 
the yard.
    Note: The U.S. Department of Agriculture's Animal and PlantHealth 
Inspection Service (APHIS) requires victual wastes or 
garbagecontaminated by victual wastes, except from vessels that operate 
onlybetween the continental United States and Canadian ports, to 
beincinerated or sterilized in accordance with their regulations in 7CFR 
330.400 and 9 CFR 94.5.



Sec. 158.420  Reception facilities: Capacity and exceptions.

    Each day a port or terminal is in operation, the person in chargeof 
a port or terminal must provide, or ensure the availability of, 
areception facility that is capable of receiving all garbage that 
themaster or person who is in charge of a ship desires to 
discharge,except--
    (a) Large quantities of spoiled or damaged cargoes not 
usuallydischarged by a ship; or
    (b) Garbage from ships not having commercial transactions withthat 
port or terminal.



                 Subpart E_Port and Terminal Operations

    Source: CGD 85-010, 52 FR 7765, Mar. 12, 1987,unless otherwise 
noted. Redesignated by CGD 88-002, 54 FR18409, Apr. 28, 1989.



Sec. 158.500  Draining cargo area and piping systems.

    The person in charge shall ensure that each cargo hose and 
eachpiping system containing NLS received from each oceangoing 
shipcarrying NLS cargo is not drained back into the ship.



Sec. 158.520  Following the instruction manual.

    The person in charge shall ensure that the instruction manualunder 
Sec. 158.330(b) is followed during the transfer of anyNLS.



PART 159_MARINE SANITATION DEVICES--Table of Contents




                            Subpart A_General

Sec.
159.1 Purpose.
159.3 Definitions.
159.4 Incorporation by reference.
159.5 Requirements for vessel manufacturers.
159.7 Requirements for vessel operators.

                   Subpart B_Certification Procedures

159.11 Purpose.
159.12 Regulations for certification of existing devices.
159.12a Certification of certain Type III devices.
159.14 Application for certification.
159.15 Certification.
159.16 Authorization to label devices.
159.17 Changes to certified devices.
159.19 Testing equivalency.

               Subpart C_Design, Construction, and Testing

159.51 Purpose and scope.
159.53 General requirements.
159.55 Identification.
159.57 Installation, operation, and maintenanceinstructions.
159.59 Placard.
159.61 Vents.
159.63 Access to parts.
159.65 Chemical level indicator.
159.67 Electrical component ratings.
159.69 Motor ratings.
159.71 Electrical controls and conductors.
159.73 Conductors.
159.75 Overcurrent protection.
159.79 Terminals.
159.81 Baffles.
159.83 Level indicator.
159.85 Sewage removal.
159.87 Removal fittings.
159.89 Power interruption: Type I and II devices.
159.93 Independent supporting.
159.95 Safety.
159.97 Safety: inspected vessels.
159.101 Testing: general.
159.103 Vibration test.
159.105 Shock test.
159.107 Rolling test.
159.109 Pressure test.
159.111 Pressure and vacuum pulse test.
159.115 Temperature range test.
159.117 Chemical resistance test.
159.119 Operability test; temperature range.
159.121 Sewage processing test.
159.123 Coliform test: Type I devices.
159.125 Visible floating solids: Type I devices.
159.126 Coliform test: Type II devices.

[[Page 550]]

159.126a Suspended solids test: Type II devices.
159.127 Safety coliform count: Recirculating devices.
159.129 Safety: Ignition prevention test.
159.131 Safety: Incinerating device.

                   Subpart D_Recognition of Facilities

159.201 Recognition of facilities.

  Subpart E_Discharge of Effluents in Certain Alaskan Watersby Cruise 
                            Vessel Operations

159.301 Purpose.
159.303 Applicability.
159.305 Definitions.
159.307 Untreated sewage.
159.309 Limitations on discharge of treated sewage orgraywater.
159.311 Safety exception.
159.313 Inspection for compliance and enforcement.
159.315 Sewage and graywater discharge record book.
159.317 Sampling and reporting.
159.319 Fecal coliform and total suspended solids standards.
159.321 Enforcement.

    Authority: 33 U.S.C. 1322(b)(1); 49 CFR 1.45(b). SubpartE also 
issued under authority of sec. 1(a)(4), Pub. L. 106-554,114 Stat. 2763; 
Department of Homeland Security Delegation No. 0170.1.

    Source: CGD 73-83, 40 FR 4624, Jan. 30, 1975,unless otherwise noted.

    Editorial Note: Nomenclature changes to part 159 appearby USCG-2008-
0179, 73 FR 35015, June 19, 2008.



                            Subpart A_General



Sec. 159.1  Purpose.

    This part prescribes regulations governing the design 
andconstruction of marine sanitation devices and procedures 
forcertifying that marine sanitation devices meet the regulations and 
thestandards of the Environmental Protection Agency promulgated 
undersection 312 of the Federal Water Pollution Control Act (33 
U.S.C.1322), to eliminate the discharge of untreated sewage from 
vesselsinto the waters of the United States, including the territorial 
seas.Subpart A of this part contains regulations governing the 
manufactureand operation of vessels equipped with marine sanitation 
devices.



Sec. 159.3  Definitions.

    In this part:
    Coast Guard means the Commandant or his authorizedrepresentative.
    Discharge includes, but is not limited to, any spilling,leaking, 
pouring, pumping, emitting, emptying, or dumping.
    Existing vessel includes any vessel, the construction ofwhich was 
initiated before January 30, 1975.
    Fecal coliform bacteria are those organisms associated withthe 
intestine of warm-blooded animals that are commonly used toindicate the 
presence of fecal material and the potential presence oforganisms 
capable of causing human disease.
    Inspected vessel means any vessel that is required to beinspected 
under 46 CFR Ch. I.
    Length means a straight line measurement of the overalllength from 
the foremost part of the vessel to the aftermost part ofthe vessel, 
measured parallel to the centerline. Bow sprits, bumpkins,rudders, 
outboard motor brackets, and similar fittings or attachmentsare not to 
be included in the measurement.
    Manufacturer means any person engaged in manufacturing,assembling, 
or importing of marine sanitation devices or of vesselssubject to the 
standards and regulations promulgated under section 312of the Federal 
Water Pollution Control Act.
    Marine sanitation device and device includes anyequipment for 
installation on board a vessel which is designed toreceive, retain, 
treat, or discharge sewage, and any process to treatsuch sewage.
    New vessel includes any vessel, the construction of which 
isinitiated on or after January 30, 1975.
    Person means an individual, partnership, firm, corporation,or 
association, but does not include an individual on board a publicvessel.
    Public vessel means a vessel owned or bare-boat charteredand 
operated by the United States, by a State or political 
subdivisionthereof, or by a foreign nation, except when such vessel is 
engaged incommerce.
    Recognized facility means any laboratory or facility listedby the 
Coast

[[Page 551]]

Guard as a recognized facility under this part.
    Sewage means human body wastes and the wastes from toiletsand other 
receptacles intended to receive or retain body waste.
    Territorial seas means the belt of the seas measured fromthe line of 
ordinary low water along that portion of the coast whichis in direct 
contact with the open sea and the line marking theseaward limit of 
inland waters, and extending seaward a distance of 3miles.
    Type I marine sanitation device means a device that, underthe test 
conditions described in Sec. Sec. 159.123 and159.125, produces an 
effluent having a fecal coliform bacteria countnot greater than 1,000 
per 100 milliliters and no visible floatingsolids.
    Type II marine sanitation device means a device that, underthe test 
conditions described in Sec. Sec. 159.126 and159.126a, produces an 
effluent having a fecal coliform bacteria countnot greater than 200 per 
100 milliliters and suspended solids notgreater than 150 milligrams per 
liter.
    Type III marine sanitation device means a device that isdesigned to 
prevent the overboard discharge of treated or untreatedsewage or any 
waste derived from sewage.
    Uninspected vessel means any vessel that is not required tobe 
inspected under 46 CFR Chapter I.
    United States includes the States, the District of Columbia,the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, AmericanSamoa, 
the Canal Zone, and the Trust Territory of the Pacific Islands.
    Vessel includes every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on the waters of the United States.

[CGD 96-026, 61 FR 33668, June 28, 1996, as amended byCGD 95-028, 62 FR 
51194, Sept. 30, 1997]



Sec. 159.4  Incorporation by reference.

    (a) Certain material is incorporated by reference into this partwith 
the approval of the Director of the Federal Register 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 change in the Federal Register; and thematerial must be 
available to the public. All approved material isavailable for 
inspection at the Engineering Division, U.S. Coast GuardMarine Safety 
Center, 2100 2nd Street, SW., Jemal Building,JR10-0525, Washington, DC 
20593-0001, and at theNational Archives and Records Administration 
(NARA). For informationon 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. All approved 
material is available from thesources indicated in paragraph (b) of this 
section.
    (b) The material approved for incorporation by reference in 
thispart, and the sections affected, are as follows:

            American Society for Testing and Materials (ASTM)

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
    ASTM E 11-95, Standard Specification for Wire Cloth andSieves for 
Testing Purposes--159.125

[USCG-1999-5151, 64 FR 67176, Dec. 1, 1999, asamended by USCG-2001-9286, 
66 FR 33641, June 25, 2001;69 FR 18803, Apr. 9, 2004]



Sec. 159.5  Requirements for vessel manufacturers.

    No manufacturer may manufacture for sale, sell, offer for sale, 
ordistribute for sale or resale any vessel equipped with installedtoilet 
facilities unless it is equipped with:
    (a) An operable Type II or III device that has a label on it 
underSec. 159.16 or that is certified under Sec. 159.12or Sec. 
159.12a; or
    (b) An operable Type I device that has a label on it underSec. 
159.16 or that is certified underSec. 159.12, if the vessel is 19.7 
meters (65 feet) or lessin length.

[CGD 95-028, 62 FR 51194, Sept. 30, 1997]



Sec. 159.7  Requirements for vessel operators.

    (a) No person may operate any vessel equipped with installedtoilet 
facilities unless it is equipped with:
    (1) An operable Type II or III device that has a label on it 
underSec. 159.16 or that is certified under Sec. 159.12or Sec. 
159.12a; or

[[Page 552]]

    (2) An operable Type I device that has a label on it underSec. 
159.16 or that is certified underSec. 159.12, if the vessel is 19.7 
meters (65 feet) or lessin length.
    (b) When operating a vessel on a body of water where the dischargeof 
treated or untreated sewage is prohibited by the EnvironmentalProtection 
Agency under 40 CFR 140.3 or 140.4, the operator mustsecure each Type I 
or Type II device in a manner which preventsdischarge of treated or 
untreated sewage. Acceptable methods ofsecuring the device include--
    (1) Closing the seacock and removing the handle;
    (2) Padlocking the seacock in the closed position;
    (3) Using a non-releasable wire-tie to hold the seacock in theclosed 
position; or
    (4) Locking the door to the space enclosing the toilets with 
apadlock or door handle key lock.
    (c) When operating a vessel on a body of water where the dischargeof 
untreated sewage is prohibited by the Environmental ProtectionAgency 
under 40 CFR 140.3, the operator must secure each Type IIIdevice in a 
manner which prevents discharge of sewage. Acceptablemethods of securing 
the device include--
    (1) Closing each valve leading to an overboard discharge andremoving 
the handle;
    (2) Padlocking each valve leading to an overboard discharge in 
theclosed position; or
    (3) Using a non-releasable wire-tie to hold each valve leading toan 
overboard discharge in the closed position.

[CGH 95-028, 62 FR 51194, Sept. 30, 1997]



                   Subpart B_Certification Procedures



Sec. 159.11  Purpose.

    This subpart prescribes procedures for certification of 
marinesanitation devices and authorization for labels on certified 
devices.



Sec. 159.12  Regulations for certification of existing devices.

    (a) The purpose of this section is to provide regulations 
forcertification of existing devices until manufacturers can design 
andmanufacture devices that comply with this part and 
recognizedfacilities are prepared to perform the testing required by 
this part.
    (b) Any Type III device that was installed on an existing 
vesselbefore January 30, 1975, is considered certified.
    (c) Any person may apply to the Commanding Officer, USCG 
MarineSafety Center, 2100 2nd Street, SW., Jemal Building, JR10-
0525,Washington, DC 20593-0001 for certification of a marinesanitation 
device manufactured before January 30, 1976. The CoastGuard will issue a 
letter certifying the device if the applicant showsthat the device meets 
Sec. 159.53 by:
    (1) Evidence that the device meets State standards at least equalto 
the standards in Sec. 159.53, or
    (2) Test conducted under this part by a recognized laboratory, or
    (3) Evidence that the device is substantially equivalent to adevice 
certified under this section, or
    (4) A Coast Guard field test if considered necessary by the 
CoastGuard.
    (d) The Coast Guard will maintain and make available a list 
thatidentifies each device certified under this section.
    (e) Devices certified under this section in compliance withSec. 
159.53 need not meet the other regulations in this partand may not be 
labeled under Sec. 159.16.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15325, Apr. 12, 1976; CGD 82-063a, 48FR 4776, Feb. 3, 1983; CGD 88-052, 
53 FR 25122, July 1, 1988;CGD 96-026, 61 FR 33668, June 28, 1996;USCG-
2001-9286, 66 FR 33641, June 25, 2001]



Sec. 159.12a  Certification of certain Type III devices.

    (a) The purpose of this section is to provide regulations 
forcertification of certain Type III devices.
    (b) Any Type III device is considered certified under this 
sectionif:
    (1) It is used solely for the storage of sewage and flushwater 
atambient air pressure and temperature; and
    (2) It is in compliance with Sec. 159.53(c).
    (c) Any device certified under this section need not comply withthe 
other regulations in this part except as required in paragraphs(b)(2) 
and (d) of

[[Page 553]]

this section and may not be labeled underSec. 159.16.
    (d) Each device certified under this section which is 
installedaboard an inspected vessel must comply with Sec. 159.97.

[CGD 76-145, 42 FR 11, Jan. 3, 1977]



Sec. 159.14  Application for certification.

    (a) Any manufacturer may apply to any recognized facility 
forcertification of a marine sanitation device. The application 
forcertification must indicate whether the device will be used aboard 
allvessels or only aboard uninspected vessels and to which standard 
inSec. 159.53 the manufacturer requests the device to betested.
    (b) An application may be in any format but must be in writing 
andmust be signed by an authorized representative of the manufacturer 
andinclude or be accompanied by:
    (1) A complete description of the manufacturer's productionquality 
control and inspection methods, record keeping systemspertaining to the 
manufacture of marine sanitation devices, andtesting procedures;
    (2) The design for the device, including drawings, specificationsand 
other information that describes the materials, construction 
andoperation of the device;
    (3) The installation, operation, and maintenance instructions forthe 
device; and
    (4) The name and address of the applicant and the 
manufacturingfacility.
    (c) The manufacturer must furnish the recognized facility onedevice 
of each model for which certification is requested and samplesof each 
material from which the device is constructed, that must betested 
destructively under Sec. 159.117. The devicefurnished is for the 
testing required by this part except that, fordevices that are not 
suited for unit testing, the manufacturer maysubmit the design so that 
the recognized facility may determine thecomponents of the device and 
materials to be submitted for testing andthe tests to be performed at a 
place other than the facility. TheCoast Guard must review and accept all 
such determinations beforetesting is begun.
    (d) At the time of submittal of an application to a 
recognizedfacility the manufacturer must notify the Coast Guard of the 
type andmodel of the device, the name of the recognized facility to 
whichapplication is being made, and the name and address of 
themanufacturer, and submit a signed statement of the times when 
themanufacturer will permit designated officers and employees of 
theCoast Guard to have access to the manufacturer's facilities and 
allrecords required by this part.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.15  Certification.

    (a) The recognized facility must evaluate the information that 
issubmitted by the manufacturer in accordance withSec. 159.14(b) (1), 
(2), and (3), evaluate the device forcompliance with Sec. Sec. 159.53 
through 159.95, test thedevice in accordance with Sec. 159.101 and 
submit to theCommanding Officer, USCG Marine Safety Center, 2100 2nd 
Street, SW.,Jemal Building, JR10-0525, Washington, DC 20593-0001 
thefollowing:
    (1) The information that is required underSec. 159.14(b);
    (2) A report on compliance evaluation;
    (3) A description of each test;
    (4) Test results; and
    (5) A statement, that is signed by the person in charge oftesting, 
that the test results are accurate and complete.
    (b) The Coast Guard certifies a test device, on the design of 
thedevice, if it determines, after consideration of the information 
thatis required under paragraph (a) of this section, that the device 
meetsthe requirements in Subpart C of this part.
    (c) The Coast Guard notifies the manufacturer and recognizedfacility 
of its determination under paragraph (b) of this section. Ifthe device 
is certified, the Coast Guard includes a certificationnumber for the 
device. If certification is denied, the Coast Guardnotifies the 
manufacturer and recognized facility of the requirementsof this part 
that are not met. The manufacturer may appeal a denial tothe Commanding 
Officer, USCG Marine Safety Center, 2100 2nd Street,SW., Jemal

[[Page 554]]

Building, JR10-0525, Washington, DC20593-0001.
    (d) If upon re-examination of the test device, the Coast 
Guarddetermines that the device does not in fact comply with 
therequirements of Subpart C of this part, it may terminate 
thecertification.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15326, Apr. 12, 1976; CGD 82-063a, 48FR 4776, Feb. 3, 1983; CGD 88-052, 
53 FR 25122, July 1, 1988;CGD 96-026, 61 FR 33668, June 28, 1996;USCG-
2001-9286, 66 FR 33641, June 25, 2001]



Sec. 159.16  Authorization to label devices.

    (a) When a test device is certified underSec. 159.15(b), the Coast 
Guard will issue a letter thatauthorizes the manufacturer to label each 
device that he manufactureswith the manufacturer's certification that 
the device is in allmaterial respects substantially the same as a test 
device certified bythe U.S. Coast Guard pursuant to section 312 of the 
Federal WaterPollution Control Act Amendments of 1972.
    (b) Certification placed on a device by its manufacturer underthis 
section is the certification required by section 312(h)(4) of theFederal 
Water Pollution Control Act Amendments of 1972, which makes itunlawful 
for a vessel that is subject to the standards and regulationspromulgated 
under the Act to operate on the navigable waters of theUnited States, if 
such vessel is not equipped with an operable marinesanitation device 
certified pursuant to section 312 of the Act.
    (c) Letters of authorization issued under this section are validfor 
5 years, unless sooner suspended, withdrawn, or terminated and maybe 
reissued upon written request of the manufacturer to whom theletter was 
issued.
    (d) The Coast Guard, in accordance with the procedure in 46 CFR2.75, 
may suspend, withdraw, or terminate any letter of authorizationissued 
under this section if the Coast Guard finds that themanufacturer is 
engaged in the manufacture of devices labeled underthis part that are 
not in all material respects substantially the sameas a test device 
certified pursuant to this part.



Sec. 159.17  Changes to certified devices.

    (a) The manufacturer of a device that is certified under this 
partshall notify the Commanding Officer, USCG Marine Safety Center, 
21002nd Street, SW., Jemal Building, JR10-0525, Washington, DC20593-0001 
in writing of any change in the design of thedevice.
    (b) A manufacturer shall include with a notice under paragraph (a)of 
this section a description of the change, its advantages, and 
therecommendation of the recognized facility as to whether the 
deviceremains in all material respects substantially the same as 
theoriginal test device.
    (c) After notice under paragraph (a) of this section, the CoastGuard 
notifies the manufacturer and the recognized facility in writingof any 
tests that must be made for certification of the device or forany change 
in the letter of authorization. The manufacturer may appealthis 
determination to the Commandant (G-MSE), U.S. Coast Guard,Washington, 
D.C. 20593-0001.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 82-063a, 48 FR 
4776, Feb. 3, 1983; CGD 88-052, 53 FR25122, July 1, 1988; CGD 96-026, 61 
FR 33668, June 28, 1996;USCG-2001-9286, 66 FR 33641, June 25, 2001]



Sec. 159.19  Testing equivalency.

    (a) If a test required by this part may not be practicable 
ornecessary, a manufacturer may apply to the Commanding Officer, 
USCGMarine Safety Center, 2100 2nd Street, SW., Jemal Building,JR10-
0525, Washington, DC 20593-0001 for deletion orapproval of an 
alternative test as equivalent to the test requirementsin this part. The 
application must include the manufacturer'sjustification for deletion or 
the alternative test and any alternativetest data.
    (b) The Coast Guard notifies the manufacturer of its 
determinationunder paragraph (a) of this section and that determination 
is final.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 82-063a, 48 FR 
4776, Feb. 3, 1983; CGD 88-052, 53 FR25122, July 1, 1988; CGD 96-026, 61 
FR 33668, June 28, 1996;USCG-2001-9286, 66 FR 33641, June 25, 2001]

[[Page 555]]



               Subpart C_Design, Construction, and Testing



Sec. 159.51  Purpose and scope.

    (a) This subpart prescribes regulations governing the design 
andconstruction of marine sanitation devices.
    (b) Unless otherwise authorized by the Coast Guard each device 
forwhich certification under this part is requested must meet 
therequirements of this subpart.



Sec. 159.53  General requirements.

    A device must:
    (a) Under the test conditions described inSec. Sec. 159.123 and 
159.125, produce an effluent havinga fecal coliform bacteria count not 
greater than 1,000 per 100milliliters and no visible floating solids 
(Type I),
    (b) Under the test conditions described inSec. Sec. 159.126 and 
159.126a, produce an effluent havinga fecal coliform bacteria count not 
greater than 200 per 100milliliters and suspended solids not greater 
than 150 milligrams perliter (Type II), or
    (c) Be designed to prevent the overboard discharge of treated 
oruntreated sewage or any waste derived from sewage (Type III).

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.55  Identification.

    (a) Each production device must be legibly marked in accordancewith 
paragraph (b) of this section with the following information:
    (1) The name of the manufacturer.
    (2) The name and model number of the device.
    (3) The month and year of completion of manufacture.
    (4) Serial number.
    (5) Whether the device is certified for use on an inspected or 
anuninspected vessel.
    (6) Whether the device is Type I, II, or III.
    (b) The information required by paragraph (a) of this section 
mustappear on a nameplate attached to the device or in lettering on 
thedevice. The nameplate or lettering stamped on the device must 
becapable of withstanding without loss of legibility the combinedeffects 
of normal wear and tear and exposure to water, salt spray,direct 
sunlight, heat, cold, and any substance listed inSec. 159.117(b) and 
(c). The nameplate and lettering must bedesigned to resist efforts to 
remove them from the device or effortsto alter the information stamped 
on the nameplate or the devicewithout leaving some obvious evidence of 
the attempted removal oralteration.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.57  Installation, operation, and maintenance instructions.

    (a) The instructions supplied by the manufacturer must 
containdirections for each of the following:
    (1) Installation of the device in a manner that will permit 
readyaccess to all parts of the device requiring routine service and 
thatwill provide any flue clearance necessary for fire safety.
    (2) Safe operation and servicing of the device so that anydischarge 
meets the applicable requirements of Sec. 159.53.
    (3) Cleaning, winter layup, and ash or sludge removal.
    (4) Installation of a vent or flue pipe.
    (5) The type and quantity of chemicals that are required tooperate 
the device, including instructions on the proper handling,storage and 
use of these chemicals.
    (6) Recommended methods of making required plumbing and 
electricalconnections including fuel connections and supply circuit 
overcurrentprotection.
    (b) The instructions supplied by the manufacturer must include 
thefollowing information:
    (1) The name of the manufacturer.
    (2) The name and model number of the device.
    (3) Whether the device is certified for use on an inspected, 
oruninspected vessel.
    (4) A complete parts list.
    (5) A schematic diagram showing the relative location of eachpart.
    (6) A wiring diagram.
    (7) A description of the service that may be performed by the 
userwithout coming into contact with sewage or chemicals.

[[Page 556]]

    (8) Average and peak capacity of the device for the flowrate, 
volume, or number of persons that the device is capable ofserving and 
the period of time the device is rated to operate at peakcapacity.
    (9) The power requirements, including voltage and current.
    (10) The type and quantity of fuel required.
    (11) The duration of the operating cycle for unitized 
incineratingdevices.
    (12) The maximum angles of pitch and roll at which the 
deviceoperates in accordance with the applicable requirements ofSec. 
159.53.
    (13) Whether the device is designed to operate in salt, fresh, 
orbrackish water.
    (14) The maximum hydrostatic pressure at which a pressurizedsewage 
retention tank meets the requirements ofSec. 159.111.
    (15) The maximum operating level of liquid retention components.
    (16) Whether the device is Type I, II, or III.
    (17) A statement as follows:
    Note: The EPA standards state that in freshwater lakes,freshwater 
reservoirs or other freshwater impoundments whose inlets oroutlets are 
such as to prevent the ingress or egress by vessel trafficsubject to 
this regulation, or in rivers not capable of navigation byinterstate 
vessel traffic subject to this regulation, marinesanitation devices 
certified by the U.S. Coast Guard installed on allvessels shall be 
designed and operated to prevent the overboarddischarge of sewage, 
treated or untreated, or of any waste derivedfrom sewage. The EPA 
standards further state that this shall not beconstrued to prohibit the 
carriage of Coast Guard-certified flow-through treatment devices which 
have been secured so as to preventsuch discharges. They also state that 
waters where a Coast Guard-certified marine sanitation device permitting 
discharge is allowedinclude coastal waters and estuaries, the Great 
Lakes andinterconnected waterways, freshwater lakes and impoundments 
accessiblethrough locks, and other flowing waters that are navigable 
interstateby vessels subject to this regulation (40 CFR 140.3).

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.59  Placard.

    Each device must have a placard suitable for posting on which 
isprinted the operating instructions, safety precautions, and 
warningspertinent to the device. The size of the letters printed on 
theplacard must be one-eighth of an inch or larger.



Sec. 159.61  Vents.

    Vents must be designed and constructed to minimize clogging byeither 
the contents of the tank or climatic conditions such as snow orice.



Sec. 159.63  Access to parts.

    Each part of the device that is required by the 
manufacturer'sinstructions to be serviced routinely must be readily 
accessible inthe installed position of the device recommended by the 
manufacturer.



Sec. 159.65  Chemical level indicator.

    The device must be equipped with one of the following:
    (a) A means of indicating the amount in the device of any 
chemicalthat is necessary for its effective operation.
    (b) A means of indicating when chemicals must be added for theproper 
continued operation of the device.



Sec. 159.67  Electrical component ratings.

    Electrical components must have current and voltage ratings equalto 
or greater than the maximum load they may carry.



Sec. 159.69  Motor ratings.

    Motors must be rated to operate at 50 [deg]C ambient temperature.



Sec. 159.71  Electrical controls and conductors.

    Electrical controls and conductors must be installed in 
accordancewith good marine practice. Wire must be copper and must be 
stranded.Electrical controls and conductors must be protected from 
exposure tochemicals and sewage.



Sec. 159.73  Conductors.

    Current carrying conductors must be electrically insulated fromnon-
current carrying metal parts.

[[Page 557]]



Sec. 159.75  Overcurrent protection.

    Overcurrent protection must be provided within the unit to 
protectsubcomponents of the device if the manufacturer's recommended 
supplycircuit overcurrent protection is not adequate for 
thesesubcomponents.



Sec. 159.79  Terminals.

    Terminals must be solderless lugs with ring type or captive 
spadeends, must have provisions for being locked against movement 
fromvibration, and must be marked for identification on the wiring 
diagramrequired in Sec. 159.57. Terminal blocks must benonabsorbent and 
securely mounted. Terminal blocks must be providedwith barrier 
insulation that prevents contact between adjacentterminals or metal 
surfaces.



Sec. 159.81  Baffles.

    Baffles in sewage retention tanks, if any, must have openings 
toallow liquid and vapor to flow freely across the top and bottom of 
thetank.



Sec. 159.83  Level indicator.

    Each sewage retention device must have a means of indicating whenthe 
device is more than \3/4\ full by volume.



Sec. 159.85  Sewage removal.

    The device must be designed for efficient removal of nearly all 
ofthe liquid and solids in the sewage retention tank.



Sec. 159.87  Removal fittings.

    If sewage removal fittings or adapters are provided with thedevice, 
they must be of either 1\1/2\[sec] or 4[sec] nominal pipesize.



Sec. 159.89  Power interruption: Type I and II devices.

    A discharge device must be designed so that a momentary loss ofpower 
during operation of the device does not allow a discharge thatdoes not 
meet the requirements in Sec. 159.53.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.93  Independent supporting.

    The device must have provisions for supporting that areindependent 
from connecting pipes.



Sec. 159.95  Safety.

    (a) Each device must--
    (1) Be free of design defects such as rough or sharp edges thatmay 
cause bodily injuries or that would allow toxic substances toescape to 
the interior of the vessel;
    (2) Be vented or provided with a means to prevent an explosion 
orover pressurization as a result of an accumulation of gases; and
    (3) Meet all other safety requirements of the regulationsapplicable 
to the type of vessel for which it is certified.
    (b) A chemical that is specified or provided by the manufacturerfor 
use in the operation of a device and is defined as a hazardousmaterial 
in 46 CFR Part 146 must be certified by the procedures in 46CFR Part 
147.
    (c) Current carrying components must be protected from 
accidentalcontact by personnel operating or routinely servicing the 
device. Allcurrent carrying components must as a minimum be of drip-
proofconstruction or be enclosed within a drip-proof compartment.



Sec. 159.97  Safety: inspected vessels.

    The Commanding Officer, USCG Marine Safety Center, approves 
thedesign and construction of devices to be certified for 
installationand operation on board inspected vessels on the basis of 
tests andreports of inspection under the applicable marine 
engineeringrequirements in Subchapter F of Title 46, Code of Federal 
Regulations,and under the applicable electrical engineering requirements 
inSubchapter J of Title 46 Code of Federal Regulations.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15326, Apr. 12, 1976;USCG-2001-9286, 66 FR 33641, June 25, 2001]



Sec. 159.101  Testing: general.

    Unless otherwise authorized by the Coast Guard, a recognizedfacility 
must perform each test described inSec. Sec. 159.103 through 159.131. 
The same device must

[[Page 558]]

be used for each test and tested in the order in which the testsare 
described. There must be no cracking, softening, 
deterioration,displacement, breakage, leakage or damage of components or 
materialsthat affects the operation or safety of the device after each 
testdescribed in Sec. Sec. 159.103 through 159.117 andSec. 159.121, 
and the device must remain operable after thetest described in Sec. 
159.119. The device must be set up ina manner simulating installation on 
a vessel in accordance with themanufacturer's instructions with respect 
to mounting, water supply,and discharge fittings.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.103  Vibration test.

    The device, with liquid retention components, if any, filled 
withwater to one-half of their volume, must be subjected to a 
sinusoidalvibration for a period of 12 hours, 4 hours in each of the x, 
y, and zplanes, at the resonant frequency of the device (or at 55 cycles 
persecond if there is no resonant frequency between 10 to 60 hertz) 
andwith a peak amplitude of 0.019 to 0.021 inches.



Sec. 159.105  Shock test.

    The device, with liquid retention components, if any, filled 
withwater to half of their volume, must be subjected to 1,000 
verticalshocks that are ten times the force of gravity (10g) and have 
aduration of 20-25 milliseconds measured at the base of thehalf-sine 
shock envelope.



Sec. 159.107  Rolling test.

    (a) The device, with liquid retention components, if any, filledwith 
water to half of their volume, must be subjected to 100 cycleswith the 
axis of rotation 4 feet from the centerline of the device, nomore than 6 
inches below the plane of the bottom of the device, andparallel to any 
tank baffles. The device must then be rotated 90degrees on its vertical 
axis and subjected to another 100 cycles. Thistesting must be repeated 
with the liquid retention components filledto the maximum operating 
level as specified by the manufacturer inSec. 159.57.
    (b) Eighty percent of the rolling action must be approximately 
15degrees on either side of the vertical and at a cyclic rate of 3 to 
4seconds. Twenty percent motions must be approximately 30 degrees, orthe 
maximum angle specified by the manufacturer underSec. 159.57, whichever 
is greater, on either side of thevertical at a cyclic rate of 6 to 8 
seconds.



Sec. 159.109  Pressure test.

    Any sewage retention tank that is designed to operate underpressure 
must be pressurized hydrostatically at a pressure head of 7feet or to 
150 percent of the maximum pressure specified by themanufacturer for 
operation of the tank, whichever is greater. The tankmust hold the water 
at this pressure for 1 hour with no evidence ofleaking.



Sec. 159.111  Pressure and vacuum pulse test.

    Liquid retention components of the device with manufacturerspecified 
venting installed must be subjected to 50 fillings of waterat a pressure 
head of 7 feet or the maximum pressure specified by themanufacturer for 
operation of the device, whichever is greater, andthen emptied with a 45 
gallon per minute or larger positivedisplacement pump that remains in 
operation 30 seconds after emptyingthe tank at the end of each cycle.



Sec. 159.115  Temperature range test.

    (a) The device must be held at a temperature of 60 [deg]C orhigher 
for a period of 16 hours.
    (b) The device must be held at a temperature of -40 [deg]Cor less 
for a period of 16 hours following winterization in accordancewith 
manufacturers' instructions.



Sec. 159.117  Chemical resistance test.

    (a) In each case where the recognized facility doubts the abilityof 
a material to withstand exposure to the substances listed inparagraphs 
(b) and (c) of this section a sample of the material mustbe tested.
    (b) A sample referred to in paragraph (a) of this section must 
bepartially

[[Page 559]]

submerged in each of the following substances for 100hours at an ambient 
temperature of 22 [deg]C.
    (1) Sewage.
    (2) Any disinfectant that is required in the operation of thedevice.
    (3) Any chemical compound in solid, liquid or gaseous form, 
used,emitted or produced in the operation of the device.
    (4) Fresh or salt (3.5 percent Sodium Chloride) flush water.
    (5) Toilet bowl cleaners.
    (6) Engine Oil (SAE/30).
    (7) Ethylene Glycol.
    (8) Detergents (household and bilge cleaning type).
    (c) A sample of the material must be doused 20 times, with a 1hour 
drying period between dousings, in each of the followingsubstances:
    (1) Gasoline.
    (2) Diesel fuel.
    (3) Mineral spirits.
    (4) Turpentine.
    (5) Methyl alcohol.



Sec. 159.119  Operability test; temperature range.

    The device must operate in an ambient temperature of 5 [deg]Cwith 
inlet operating fluid temperature varying from 2 [deg]C to 32[deg]C and 
in an ambient temperature of 50 [deg]C with inletoperating fluid 
temperature varying from 2 [deg]C to 32 [deg]C.



Sec. 159.121  Sewage processing test.

    (a) The device must process human sewage in the manner for whichit 
is designed when tested in accordance with this section. There mustbe no 
sewage or sewage-treating chemicals remaining on surfaces or increvices 
that could come in contact with a person using the device orservicing 
the device in accordance with the instructions suppliedunder Sec. 
159.57(b)(7).
    (b) During the test the device must be operated and maintained 
inaccordance with the manufacturer's instructions. Any initial start-
uptime specified by the manufacturer must be allowed before test 
periodsbegin. For 1 hour of each 8-hour test period, the device must 
betilted to the maximum angles specified by the manufacturer 
underSec. Sec. 159.55 and 159.57.
    (c) Except for devices described in paragraph (d) of this 
section,the devices must process and discharge or store human sewage 
over atleast an 8-consecutive hour period on at least 10 days within a 
20-dayperiod. The device must receive human sewage consisting of 
fecalmatter, urine, and toilet paper in a ratio of four urinations to 
onedefecation with at least one defecation per person per day. 
Devicesmust be tested at their average rate of capacity as specified 
inSec. 159.57. In addition, during three periods of each daythe system 
must process sewage at the peak capacity for the period oftime it is 
rated at peak capacity.
    (d) A device that processes and discharges continuously 
betweenindividual use periods or a large device, as determined by the 
CoastGuard, must process and discharge sewage over at least 10-
consecutivedays at the average daily capacity specified by the 
manufacturer.During three periods of each day the system must process 
sewage at thepeak capacity for the period of time it is rated at peak 
capacity. Thesewage for this test must be fresh, domestic sewage to 
which primarysludge has been added, as necessary, to create a test 
sewage with aminimum of 500 milligrams of suspended solids per liter.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byUSCG-2002-12471, 67 
FR 41333, June 18, 2002]



Sec. 159.123  Coliform test: Type I devices.

    (a) The arithmetic mean of the fecal coliform bacteria in 38 of 
40samples of effluent discharged from a Type I device during the 
testdescribed in Sec. 159.121 must be less than 1000 per 100milliliters 
when tested in accordance with 40 CFR Part 136.
    (b) The 40 samples must be taken from the device as follows:During 
each of the 10-test days, one sample must be taken at thebeginning, 
middle, and end of an 8-consecutive hour period with oneadditional 
sample taken immediately following the peak capacityprocessing period.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15326, Apr. 12, 1976]

[[Page 560]]



Sec. 159.125  Visible floating solids: Type I devices.

    During the sewage processing test (Sec. 159.121) 40effluent samples 
of approximately 1 liter each shall be taken from aType I device at the 
same time as samples taken inSec. 159.123 and passed expeditiously 
through a U.S. SieveNo. 12 as specified in ASTM E 11 (incorporated by 
reference, seeSec. 159.4). The weight of the material retained on 
thescreen after it has been dried to a constant weight in an oven at 
103[deg]C. must be divided by the volume of the sample and expressed 
asmilligrams per liter. This value must be 10 percent or less of 
thetotal suspended solids as determined in accordance with 40 CFR 
Part136 or at least 38 of the 40 samples.
    Note: 33 U.S.C. 1321(b)(3) prohibits discharge of harmfulquantities 
of oil into or upon the navigable waters of the UnitedStates or 
adjoining shorelines or into or upon the waters of thecontiguous zone. 
Under 40 CFR 110.3 and 110.4 such discharges of oilinclude discharges 
which:
    (a) Violate applicable water quality standards, or
    (b) Cause a film or sheen upon or discoloration of the surface ofthe 
water or adjoining shorelines or cause a sludge or emulsion to 
bedeposited beneath the surface of the water or upon 
adjoiningshorelines. If a sample contains a quantity of oil determined 
to beharmful, the Coast Guard will not certify the device.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15326, Apr. 12, 1976;USCG-1999-5151, 64 FR 67176, Dec. 1, 1999]



Sec. 159.126  Coliform test: Type II devices.

    (a) The arithmetic mean of the fecal coliform bacteria in 38 of 
40samples of effluent from a Type II device during the test described 
inSec. 159.121 must be 200 per 100 milliliters or less whentested in 
accordance with 40 CFR Part 136.
    (b) The 40 samples must be taken from the device as follows:During 
each of the 10 test days, one sample must be taken at thebeginning, 
middle and end of an 8-consecutive hour period with oneadditional sample 
taken immediately following the peak capacityprocessing period.

[CGD 75-213, 41 FR 15326, Apr. 12, 1976]



Sec. 159.126a  Suspended solids test: Type II devices.

    During the sewage processing test (Sec. 159.121) 40effluent samples 
must be taken at the same time as samples are takenfor Sec. 159.126 and 
they must be analyzed for totalsuspended solids in accordance with 40 
CFR Part 136. The arithmeticmean of the total suspended solids in 38 of 
40 of these samples mustbe less than or equal to 150 milligrams per 
liter.

[CGD 75-213, 41 FR 15326, Apr. 12, 1976]



Sec. 159.127  Safety coliform count: Recirculating devices.

    Thirty-eight of forty samples of flush fluid from a 
recirculatingdevice must have less than 240 fecal coliform bacteria per 
100milliliters. These samples must be collected in accordance withSec. 
159.123(b) and tested in accordance with 40 CFR Part136.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended byCGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.129  Safety: Ignition prevention test.

    (a) Components of a device that are a potential ignition source inan 
explosive atmosphere must pass the test in paragraph (b) or (c) ofthis 
section or meet the requirements of paragraph (d) or have aspecific 
warning in the instruction manual required bySec. 159.57 that the 
device should not be installed in anexplosive atmosphere.
    (b) Components protected by vapor exclusion must be placed in 
achamber filled with a rich mixture of gasoline or propane in air 
withthe pressure being varied from 0 to 2 psig once an hour for 8 
hours.Vapor readings must be taken in the void being protected and 
mustindicate a leakage less than 20 percent of the lower explosive 
limitof the mixture in the chamber.
    (c) Components providing ignition protection by means other 
thanvapor exclusion must be fitted with an ignition source, such as 
aspark plug, and a means of injecting an explosive mixture of gasolineor 
propane and air into the void that protects the component.Connections 
must be made so as to minimize any additional volume addedto the 
protected void by the apparatus

[[Page 561]]

delivering the explosivemixture. The component must be placed in a 
chamber filled with anexplosive mixture and there must be no ignition of 
the explosivemixture surrounding the component when the following tests 
areconducted:
    (1) Using any overload protection that is part of the device, 
thepotential ignition source must be operated for one half hour at 
110percent of its rated voltage, one half hour at 50 percent of its 
ratedvoltage and one half hour at 100 percent of its rated voltage with 
themotor or armature locked, if the potential ignition source is a 
motoror part of a motor's electrical circuit.
    (2) With the explosive mixture in the protected void, the 
testinstalled ignition source must be activated 50 times.
    (3) The tests paragraphs (c) (1) and (2) of this section must 
berepeated with any plugs removed.
    (d) Components that are certified as being intrinsically safe 
inaccordance with the Instrument Society of America (RP 12.2) 
orexplosion proof in accordance with the Underwriters Laboratories 
STD698 in Class I, Group D hazardous locations (46 CFR111.80-5(a)) need 
not be subjected to this testing.



Sec. 159.131  Safety: Incinerating device.

    An incinerating device must not incinerate unless the 
combustionchamber is closed, must purge the combustion chamber of 
combustiblefuel vapors before and after incineration must secure 
automatically ifthe burner does not ignite, must not allow an 
accumulation of fuel,and must neither produce a temperature on surfaces 
adjacent to theincineration chamber higher than 67 [deg]C nor produce a 
temperatureon surfaces in normal body contact higher than 41 [deg]C 
whenoperating in an ambient temperature of 25 [deg]C. 
Unitizedincineration devices must completely burn to a dry, inert ash, 
asimultaneous defecation and urination and must not discharge fly 
ash,malodors, or toxic substances.



                   Subpart D_Recognition of Facilities



Sec. 159.201  Recognition of facilities.

    A recognized facility is an independent laboratory accepted by 
theCoast Guard under 46 CFR 159.010 to perform the tests and 
inspectionsrequired under this part. A list of accepted laboratories is 
availablefrom the Commandant (CG-5213).

[CGD 95-028, 62 FR 51194, Sept. 30, 1997, as amended byUSCG-1999-5832, 
64 FR 34715, June 29, 1999;USCG-2008-0179, 73 FR 35016, June 19, 2008]



  Subpart E_Discharge of Effluents in Certain Alaskan Watersby Cruise 
                            Vessel Operations

    Source: 66 FR 38930, July 26, 2001, unless otherwisenoted.



Sec. 159.301  Purpose.

    The purpose of this subpart is to implement ``TitleXIV--Certain 
Alaskan Cruise Ship Operations'' contained insection 1(a)(4) of Pub. L. 
106-554, enacted on December 21,2000, by prescribing regulations 
governing the discharges of sewageand graywater from cruise vessels, 
require sampling and testing ofsewage and graywater discharges, and 
establish reporting and recordkeeping requirements.



Sec. 159.303  Applicability.

    This subpart applies to each cruise vessel authorized to carry 500or 
more passengers operating in the waters of the AlexanderArchipelago and 
the navigable waters of the United States within theState of Alaska and 
within the Kachemak Bay National EstuarineResearch Reserve.



Sec. 159.305  Definitions.

    In this subpart:
    Administrator--means the Administrator of the UnitedStates 
Environmental Protection Agency.
    Applicable Waters of Alaska--means the waters of theAlexander 
Archipelago and the navigable waters of the United Stateswithin the 
State of Alaska and within the Kachemak Bay NationalEstuarine Research 
Reserve.
    Captain of the Port--means the Captain of the Port asdefined in 
Subpart 3.85 of this chapter.
    Conventional Pollutants--means the list of pollutantslisted in 40 
CFR 401.16.

[[Page 562]]

    Cruise Vessel--means a passenger vessel asdefined in section 
2101(22) of Title 46, United States Code. The termdoes not include a 
vessel of the United States operated by the federalgovernment or a 
vessel owned and operated by the government of aState.
    Discharge--means a release, however caused, from acruise vessel, and 
includes, any escape, disposal, spilling, leaking,pumping, emitting or 
emptying.
    Environmental Compliance Records--includes the Sewageand Graywater 
Discharge Record Book, all discharge reports, alldischarge sampling test 
results, as well as any other records thatmust be kept under this 
subpart.
    Graywater--means only galley, dishwasher, bath, andlaundry waste 
water. The term does not include other wastes or wastestreams.
    Navigable Waters--has the same meaning as in section502 of the 
Federal Water Pollution Control Act, as amended.
    Person--means an individual, corporation, partnership,limited 
liability company, association, state, municipality,commission or 
political subdivision of a state, or any federallyrecognized Indian 
tribal government.
    Priority Pollutant--means the list of toxic pollutantslisted in 40 
CFR 401.15.
    Sewage--means human body wastes and the wastes fromtoilets and other 
receptacles intended to receive or retain bodywaste.
    Treated Sewage--means sewage meeting all applicableeffluent 
limitation standards and processing requirements of theFederal Water 
Pollution Control Act, as amended and of Title XIV ofPublic Law 106-554 
``Certain Alaskan Cruise ShipOperations'', and regulations promulgated 
under either.
    Untreated Sewage--means sewage that is not treatedsewage.
    Waters Of The Alexander Archipelago--means all watersunder the 
sovereignty of the United States within or near SoutheastAlaska as 
follows:
    (1) Beginning at a point 58[deg] 11-44 N, 136[deg]39-25 W [near Cape 
Spencer Light], thence southeasterly along aline three nautical miles 
seaward of the baseline from which thebreadth of the territorial sea is 
measured in the Pacific Ocean andthe Dixon Entrance, except where this 
line intersects geodesicsconnecting the following five pairs of points:

58[deg] 05-17 N, 136[deg] 33-49 W and 58[deg]11-41 N, 136[deg] 39-25 W 
[Cross Sound]
56[deg] 09-40 N, 134[deg] 40-00 W and 55[deg]49-15 N, 134[deg] 17-40 W 
[Chatham Strait]
55[deg] 49-15 N, 134[deg] 17-40 W and 55[deg]50-30 N, 133[deg] 54-15 W 
[Sumner Strait]
54[deg] 41-30 N, 132[deg] 01-00 W and 54[deg]51-30 N, 131[deg] 20-45 W 
[Clarence Strait]
54[deg] 51-30 N, 131[deg] 20-45 W and 54[deg]46-15 N, 130[deg] 52-00 W 
[Revillagigedo Channel]

    (2) The portion of each such geodesic in paragraph (1) of 
thisdefinition situated beyond 3 nautical miles from the baseline 
fromwhich the breadth of the territorial seas is measured from the 
outerlimit of the waters of the Alexander Archipelago in those 
fivelocations.



Sec. 159.307  Untreated sewage.

    No person shall discharge any untreated sewage from a cruisevessel 
into the applicable waters of Alaska.



Sec. 159.309  Limitations on discharge of treated sewage or graywater.

    (a) No person shall discharge treated sewage or graywater from 
acruise vessel into the applicable waters of Alaska unless:
    (1) The cruise vessel is underway and proceeding at a speed of 
notless than six knots;
    (2) The cruise vessel is not less than one nautical mile from 
thenearest shore, except in areas designated by the Coast Guard 
inconsultation with the State of Alaska;
    (3) The discharge complies with all applicable cruise vesseleffluent 
standards established pursuant to Pub. L. 106-554 andany other 
applicable law, and
    (4) The cruise vessel is not in an area where the discharge 
oftreated sewage or graywater is prohibited.
    (b) Until such time as the Administrator promulgates 
regulationsaddressing effluent quality standards for cruise vessels 
operating inthe applicable waters of Alaska, treated sewage and 
graywater may bedischarged from vessels in circumstances otherwise 
prohibited underparagraph(a)(1) and (2) of this section provided that:

[[Page 563]]

    (1) Notification to the Captain of the Port (COTP) is madenot less 
than 30 days prior to the planned discharge, and such noticeincludes 
results of tests showing compliance with this section;
    (2) The discharge satisfies the minimum level of effluent 
qualityspecified in 40 CFR 133.102;
    (3) The geometric mean of the samples from the discharge duringany 
30-day period does not exceed 20 fecal coliform/100 milliliters(ml) and 
not more than 10 percent of the samples exceed 40 fecalcoliform/100 ml;
    (4) Concentrations of total residual chlorine do not exceed 
10.0micrograms per liter ([micro]gm/l);
    (5) Prior to any such discharge occurring, the owner, operator 
ormaster, or other person in charge of a cruise vessel, can 
demonstrateto the COTP that test results from at least five samples 
taken fromthe vessel representative of the effluent to be discharged, 
ondifferent days over a 30-day period, conducted in accordance with 
theguidelines promulgated by the Administrator in 40 CFR part 136, 
whichconfirm that the water quality of the effluents proposed for 
dischargeis in compliance with paragraphs (b)(2), (3) and (4) of this 
section;and
    (6) To the extent not otherwise being done by the owner, 
operator,master or other person in charge of a cruise vessel, pursuant 
toSec. 159.317 of this subpart, the owner, operator, master orother 
person in charge of a cruise vessel shall demonstrate 
continuedcompliance through sampling and testing for conventional 
pollutantsand residual chlorine of all treated sewage and graywater 
effluentsperiodically as determined by the COTP.

[66 FR 38930, July 26, 2001, as amended atUSCG-2005-21531, 70 FR 36350, 
June 23, 2005]



Sec. 159.311  Safety exception.

    The regulations in this subpart shall not apply to discharges 
madefor the purpose of securing the safety of the cruise vessel or 
savinglife at sea, provided that all reasonable precautions have been 
takenfor the purpose of preventing or minimizing the discharge.



Sec. 159.313  Inspection for compliance and enforcement.

    (a) Cruise vessels operating within the applicable waters ofAlaska 
are subject to inspection by the Coast Guard to ensurecompliance with 
this subpart.
    (b) An inspection under this section shall include an examinationof 
the Sewage and Graywater Discharge Record Book required underSec. 
159.315 of this subpart, environmental compliancerecords, and a general 
examination of the vessel. A copy of any entryin the Sewage and 
Graywater Discharge Record Book may be made and theMaster of the vessel 
may be required to certify that the copy is atrue copy of the original 
entry.
    (c) A vessel not in compliance with this subpart may be subject 
tothe penalties set out in Sec. 159.321, denied entry into 
theapplicable waters of Alaska, detained, or restricted in its 
operationsby order of the COTP.



Sec. 159.315  Sewage and graywater discharge record book.

    (a) While operating in the applicable waters of Alaska each 
cruisevessel shall maintain, in English, a legible Sewage and 
GraywaterDischarge Record Book with the vessel's name and official 
numberlisted on the front cover and at the top of each page.
    (b) Entries shall be made in the Sewage and Graywater 
DischargeRecord Book whenever any of the following is released into 
theapplicable waters of Alaska:
    (1) Treated or untreated sewage;
    (2) Graywater; or
    (3) Sewage and graywater mixture.
    (c) Each entry in the Sewage and Graywater Discharge Record 
Bookshall, at a minimum, contain the following information:
    (1) Name and location of each discharge port within the ship;
    (2) Date the start of discharge occurred;
    (3) Whether the effluent is treated or untreated sewage,graywater, 
or a sewage and graywater mixture and type of treatmentused;
    (4) Time discharge port is opened;
    (5) Vessel's latitude and longitude at the time the discharge portis 
opened;

[[Page 564]]

    (6) Volume discharged in cubic meters;
    (7) Flow rate of discharge in liters per minute;
    (8) Time discharge port is secured;
    (9) Vessel's latitude and longitude at the time the discharge portis 
secured; and
    (10) Vessel's minimum speed during discharge.
    (d) In the event of an emergency, accidental or other 
exceptionaldischarge of sewage or graywater, a statement shall be made 
in theSewage and Graywater Discharge Record Book of the circumstances 
andreasons for the discharge and an immediate notification of 
thedischarge shall be made to the COTP.
    (e) Each entry of a discharge shall be recorded without delay 
andsigned and dated by the person or persons in charge of the 
dischargeconcerned and each completed page shall be signed and dated by 
themaster or other person having charge of the ship.
    (f) The Sewage and Graywater Discharge Record Book shall be keptin 
such a place as to be readily available for inspection at allreasonable 
times and shall be kept on board the ship.
    (g) The master or other person having charge of a ship required 
tokeep a Sewage and Graywater Discharge Record Book shall be 
responsiblefor the maintenance of such record.
    (h) The Sewage and Graywater Discharge Record Book shall 
bemaintained on board for not less than three years.



Sec. 159.317  Sampling and reporting.

    (a) The owner, operator, master or other person in charge of acruise 
vessel that discharges treated sewage and/or graywater in theapplicable 
waters of Alaska shall;
    (1) Not less than 90 days prior to each vessel's initial entryinto 
the applicable waters of Alaska during any calendar year, provideto the 
COTP certification of participation under a QualityAssurance/Quality 
Control Plan (QA/QCP) accepted by the COTP forsampling and analysis of 
treated sewage and/or graywater for thecurrent operating season;
    (2) Not less than 30 days nor more than 120 days prior to 
eachvessel's initial entry into the applicable waters of Alaska during 
anycalendar year, provide a certification to the COTP that the 
vessel'streated sewage and graywater effluents meet the minimum 
standardsestablished by the Administrator, or in the absence of such 
standards,meet the minimum established in Sec. 159.319 of thissubpart;
    (3) Within 30 days of each vessel's initial entry into theapplicable 
waters of Alaska during any calendar year, provide to theCOTP a Vessel 
Specific Sampling Plan (VSSP) for review and acceptance,and undergo 
sampling and testing for conventional pollutants of alltreated sewage 
and graywater effluents as directed by the COTP;
    (4) While operating in the applicable waters of Alaska be subjectto 
unannounced sampling of treated sewage and graywater dischargeeffluents, 
or combined treated sewage/graywater discharge effluentsfor the purpose 
of testing for a limited suite, as determined by theCoast Guard, of 
priority pollutants;
    (5) While operating in the applicable waters of Alaska be subjectto 
additional random sampling events, in addition to all otherrequired 
sampling, of some or all treated sewage and graywaterdischarge effluents 
for conventional and/or priority pollutant testingas directed by the 
COTP;
    (6) Ensure all samples, as required by this section, are 
collectedand tested by a laboratory accepted by the Coast Guard for the 
testingof conventional and priority pollutants, as defined by this 
subpart,and in accordance with the cruise vessel's Coast Guard accepted 
QA/QCPand VSSP;
    (7) Pay all costs associated with development of an acceptableQA/QCP 
and VSSP, sampling and testing of effluents, reporting ofresults, and 
any additional environmental record keeping as requiredby this subpart, 
not to include cost of federal regulatory oversight.
    (b) A QA/QCP must, at a minimum include:
    (1) Sampling techniques and equipment, sampling preservationmethods 
and holding times, and transportation protocols, includingchain of 
custody;

[[Page 565]]

    (2) Laboratory analytical information including methods 
used,calibration, detection limits, and the laboratory's internal QA/
QCprocedures;
    (3) Quality assurance audits used to determine the effectivenessof 
the QA program; and
    (4) Procedures and deliverables for data validation used to 
assessdata precision and accuracy, the representative nature of the 
samplesdrawn, comparability, and completeness of measure parameters.
    (c) A VSSP is a working document used during the sampling 
eventsrequired under this section and must, at a minimum, include:
    (1) Vessel name;
    (2) Passenger and crew capacity of the vessel;
    (3) Daily water use of the vessel;
    (4) Holding tank capacities for treated sewage and graywater;
    (5) Vessel schematic of discharge ports and corresponding 
samplingports;
    (6) Description of discharges; and
    (7) A table documenting the type of discharge, type of sampledrawn 
(grab or composite), parameters to test for (conventional orpriority 
pollutants), vessel location when sample drawn, date and timeof the 
sampling event.
    (d) Test results for conventional pollutants shall be 
submittedwithin 15 calendar days of the date the sample was collected, 
and forpriority pollutants within 30 calendar days of the date the 
sample wascollected, to the COTP directly by the laboratory conducting 
thetesting and in accordance with the Coast Guard accepted QA/QCP.
    (e) Samples collected for analysis under this subpart shall beheld 
by the laboratory contracted to do the analysis for not less thansix 
months, or as directed by the COTP.
    (f) Reports required under this section may be written orelectronic. 
If electronic, the reports must be in a format readable byCoast Guard 
and Alaska Department of Environmental Conservation datasystems.



Sec. 159.319  Fecal coliform and total suspended solids standards.

    (a) Treated sewage effluent discharges. Until such time asthe 
Administrator promulgates effluent discharge standards for 
treatedsewage, treated sewage effluent discharges in the applicable 
waters ofAlaska shall not have a fecal coliform bacterial count of 
greater than200 per 100 ml nor total suspended solids greater than 150 
mg/l.
    (b) Graywater effluent discharges. [Reserved]



Sec. 159.321  Enforcement.

    (a) Administrative Penalties--(1) Violations.Any person who violates 
this subpart may be assessed a class I orclass II civil penalty by the 
Secretary or his delegatee.
    (2) Classes of penalties. (i) Class I. The amount of aclass I civil 
penalty under this section may not exceed $10,000 perviolation, except 
that the maximum amount of any class I civil penaltyunder this section 
shall not exceed $25,000. Before assessing a civilpenalty under this 
subparagraph, the Secretary or his delegatee shallgive to the person to 
be assessed such penalty written notice of theSecretary's proposal to 
assess the penalty and the opportunity torequest, within 30 days of the 
date the notice is received by suchperson, a hearing on the proposed 
penalty. Such hearing shall not besubject to 5 U.S.C. 554 or 556, but 
shall provide a reasonableopportunity to be heard and to present 
evidence.
    (ii) Class II. The amount of a class II civil penalty underthis 
section may not exceed $10,000 per day for each day during whichthe 
violation continues, except that the maximum amount of any classII civil 
penalty under this section shall not exceed $125,000. Exceptas otherwise 
provided in paragraph (a) of this section, a class IIcivil penalty shall 
be assessed and collected in the same manner, andsubject to the same 
provisions as in the case of civil penaltiesassessed and collected after 
notice and an opportunity for hearing onthe record in accordance with 5 
U.S.C. 554. Proceedings to assess aclass II administrative civil penalty 
under this section will begoverned by 33 CFR Part 20.
    (3) Rights of interested persons. (i) Public notice.Before issuing 
an order assessing a class II civil penalty under thisparagraph, the 
Secretary shall provide public notice of and reasonable

[[Page 566]]

opportunity to comment on the proposed issuance of each order.
    (ii) Presentation of evidence. Any person who comments on aproposed 
assessment of a class II civil penalty under this sectionshall be given 
notice of any hearing held under paragraph (a) of thissection, and of 
the order assessing such penalty. In any hearing heldunder paragraph 
(a)(3) of this section, such person shall have areasonable opportunity 
to be heard and present evidence.
    (iii) Rights of interested persons to a hearing. If nohearing is 
held under paragraph (a)(2) of this section before issuanceof an order 
assessing a class II civil penalty under this section, anyperson who 
commented on the proposed assessment may petition, within30 days after 
the issuance of such an order, the Secretary or hisdelegatee to set 
aside such order and provide a hearing on thepenalty. If the evidence 
presented by the petitioner in support of thepetition is material and 
was not considered in the issuance of theorder, the Secretary, or his 
delegatee, shall immediately set asidesuch order and provide a hearing 
in accordance with paragraph (a)(2)(ii) of this section. If the 
Secretary or his delegatee denies ahearing under this clause, the 
Secretary or his delegatee shallprovide to the petitioner and publish in 
the Federal Registernotice of and the reasons for such denial.
    (b) Civil judicial penalties--(1) Generally. Anyperson who violates 
this subpart shall be subject to a civil penaltynot to exceed $25,000 
per day for each violation. Each day a violationcontinues constitutes a 
separate violation.
    (2) Limitation. A person is not liable for a civil judicialpenalty 
under this paragraph for a violation if the person has beenassessed a 
civil administrative penalty under paragraph (a) of thissection for the 
violation.
    (c) Determination of amount. In determining the amount of acivil 
penalty under paragraphs (a) or (b) of this section, the courtor the 
Secretary or his delegatee shall consider the seriousness ofthe 
violation, any history of such violations, any good-faith effortsto 
comply with applicable requirements, the economic impact of thepenalty 
on the violator, and other such matters as justice mayrequire.
    (d) Criminal penalties--(1) Negligentviolations. Any person who 
negligently violates this subpartcommits a Class A misdemeanor.
    (2) Knowing violations. Any person who knowingly violatesthis 
subpart commits a Class D felony.
    (3) False statements. Any person who knowingly makes anyfalse 
statement, representation, or certification in any record,report or 
other document filed or required to be maintained under thissubpart, or 
who falsifies, tampers with, or knowingly rendersinaccurate any testing 
or monitoring device or method required to bemaintained under this 
subpart commits a Class D felony.
    (e) Awards. (1) The Secretary or his delegatee or the court,when 
assessing any fines or civil penalties, as the case may be, maypay from 
any fines or civil penalties collected under this section anamount not 
to exceed one-half of the penalty or fine collected to anyindividual who 
furnished information which leads to the payment of thepenalty or fine. 
If several individuals provide such information, theamount shall be 
divided equitably among such individuals. No officeror employee of the 
United States, the State of Alaska or any Federallyrecognized Tribe who 
furnishes information or renders service in theperformance of his or her 
official duties shall be eligible forpayment under this paragraph.
    (2) The Secretary, his delegatee, or a court, when assessing 
anyfines or civil penalties, as the case may be, may pay, from any 
finesor civil penalties collected under this section, to the State 
ofAlaska or any Federally recognized Tribe providing information 
orinvestigative assistance which leads to payment of the penalty orfine, 
an amount which reflects the level of information orinvestigative 
assistance provided. Should the State of Alaska or aFederally recognized 
Tribe and an individual under paragraph (e)(1) ofthis section be 
eligible for an award, the Secretary, his delegatee,or the court, as the 
case may be, shall divide the amount equitably.
    (f) Liability in rem. A cruise vessel operated in violationof this 
subpart is liable in rem for any fine imposed

[[Page 567]]

underparagraph (c) of this section or for any civil penalty imposed 
underparagraphs (a) or (b) of this section, and may be proceeded against 
inthe United States district court of any district in which the 
cruisevessel may be found.

[[Page 569]]

                                  INDEX

                           SUBCHAPTER O_POLLUTION

  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

Administration of the Pollution Fund
Applicability....................................................153.403
Cost summary reports.............................................153.415
Deposit of money into the fund...................................153.413
Liability to the pollution fund..................................153.405
Payments or reimbursement from the pollution fund................153.407
Procedures for payment of judgment...............................153.411
Purpose..........................................................153.401
Reimbursement for actions under section 311(c) or 311(d) of theAct 
of the Intervention on the High Seas Act.........................153.417
Appendices......................................................Part 154
A - Guidelines for Detonation Flame Arresters
B - Standard Specification for Tank Vent Flame Arresters
C - Guidelines for Determining and Evaluating Required ResponseResources 
for Facility Response Plans
D - Training Elements for Oil Spill Response Plans
Appendices......................................................Part 155
A - Specifications for Shore Connection
B - Determining and Evaluating Required Response Resources forVessel 
Response Plans
C - Training Elements for Oil Spill Response Plans
Appendices......................................................Part 157
A - Damage Assumptions, Hypothetical Outflows, and Cargo Tank Sizeand 
Arrangements
B - Subdivision and Stability Assumptions
C - Procedure for Determining Distribution of Segregated BallastTanks to 
Provide Protection Against Oil Outflow in the Event ofGrounding, 
Ramming, or Collision
D - Example of a Procedure for Dedicated Clean Ballast TankOperations
E - Specifications for the Design, Installation and Operation of aPart 
Flow System for Control of Overboard Discharges
F - Guidelines and Specifications for Oil Discharge Monitoring 
andControl Systems for Tankers
G - Timetables for Application of Double Hull Requirements
                                 B

Ballast Water Management for Control of
Non-indigenous Species...............................Part 151, Subpart C
Applicability...................................................151.1502
Ballast water management........................................151.1510

[[Page 570]]

Ballast water management alternatives under 
extraordinaryconditions.........................................151.1514
Compliance monitoring...........................................151.1516
Definitions.....................................................151.1504
Purpose.........................................................151.1500
Restriction of operation........................................151.1506
Revocation of clearance.........................................151.1508
Vessel safety...................................................151.1512

                                 C

Certification Procedures.............................Part 159, Subpart B
Application for certification.....................................159.14
Authorization to label devices....................................159.16
Certification.....................................................159.15
Certification of certain Type III devices........................159.12a
Changes to certified devices......................................159.17
Purpose...........................................................159.11
Regulations for certification of existing devices.................159.12
Control of pollution by oil and hazardous substances, 
dischargeremoval................................................Part 153
Criteria for Adequacy of Reception Facilities:
Garbage..............................................Part 158, Subpart D
Capacity and exceptions..........................................158.420
General..........................................................158.410
Purpose..........................................................158.400
Criteria for Adequacy of Reception Facilities:, Subpart B
Residues and Mixtures Containing Oil............................Part 158
General..........................................................158.200
Ports and Terminals
Loading crude oil................................................158.210
Loading more than 1,000 metric tons of oil other than crude oil 
orbunker oil.....................................................158.220
Other than ports and terminals underSec. Sec. 158.210, 158.220, 
and 158.240......................................................158.230
Ship repair yards................................................158.240
Standard discharge connection....................................158.250
Criteria for Certifying that a Port's or Terminal's
Facilities are Adequate for Receiving NLS Residue.....Part 158-subpart C
Ports and Terminals: Equipment...................................158.330
Purpose..........................................................158.300
Reception facilities: Capacity and exceptions....................158.320
Reception facilities: General....................................158.310
Crude Oil Washing (COW) System on Tank Vessels........Part 157, SubpartD
Assistant Personnel..............................................157.154
Cargo Tanks
Ballasting and crude oil washing.................................157.160
Drainage.........................................................157.134
Hydrocarbon vapor emissions......................................157.132
COW Operations
Changed characteristics..........................................157.158
Crew member: Main deck watch.....................................157.168
During a voyage..................................................157.162
Equipment; Removal...............................................157.170
General..........................................................157.155
Hydrocarbon emissions............................................157.166
Limitations on grades of crude oil carried.......................157.172
Meeting manual requirements......................................157.156

[[Page 571]]

Person in charge.................................................157.152
Use of inert gas system..........................................157.164
With more than one grade of crude oil............................157.130
COW
Tank washing machines............................................157.124
Documents; Required
Foreign tank vessels.............................................157.118
U.S. tank vessels................................................157.116
Waiver of........................................................157.120
Inspections
Evidence for inspections; COW Systems............................157.148
Letter of acceptance.............................................157.106
Recording information after inspection...........................157.150
Similar tank design; Foreign tank vessels........................157.147
Similar tank design; U.S. tank vessels...........................157.146
Tank vessels of the same class...................................157.144
Operations and Equipment Manual..................................157.138
Approved.........................................................157.112
Foreign tank vessel; Submission..................................157.110
Not approved.....................................................157.114
Recording information after inspection...........................157.150
U.S. tank vessel; Submission.....................................157.108
Piping, valves, and fittings.....................................157.122
Plans, submission
Foreign tank vessels.............................................157.102
U.S. tank vessels................................................157.100
Pumps............................................................157.126
Scale models.....................................................157.104
Two-way voice communications.....................................157.136

                                 D

Dedicated Clean Ballast Tanks on Tank Vessels........Part 157, Subpart E
Alterations......................................................157.218
Documentation required for Foreign tank vessels.........157.202, 157.216
Documents required for U.S. tank vessels.........................157.214
General..........................................................157.225
Isolating valves: Closed during a voyage.........................157.228
Letter of acceptance.............................................157.204
Operations Manual................................................157.224
Approved manual..................................................157.210
Foreign tank vessels; Submission.................................157.208
Not approved.....................................................157.212
Procedures to be followed........................................157.226
U.S. tank vessels; Submission....................................157.206
Plans: Submission
Foreign tank vessels.............................................157.202
U.S. tank vessels................................................157.200
Pumps and piping arrangements....................................157.222
Standards for clean ballast tanks................................157.220
Definitions........151.05, 151.1006, 151.1504, 153.103, 154.105,154.802, 
154.1020, 155.110, 155.200, 155.1115, 156.105, 156.205,157.03, 158.120, 
                                                                   159.3
Design, Construction, and Testing
Access to parts...................................................159.63
Baffles...........................................................159.81
Chemical level indicator..........................................159.65
Conductors........................................................159.73
Electrical component ratings......................................159.67

[[Page 572]]

Electrical controls and conductors................................159.71
General requirements..............................................159.53
Identification....................................................159.55
Independent supporting............................................159.93
Installation, operation, and maintenance instructions.............159.57
Level indicator...................................................159.83
Motor ratings.....................................................159.69
Overcurrent protection............................................159.75
Placard...........................................................159.59
Power interruption: Type I and II devices.........................159.89
Purpose and scope.................................................159.51
Removal fittings..................................................159.87
Safety............................................................159.95
Coliform count: Recirculating devices............................159.127
Incinerating device..............................................159.131
Inspected vessels.................................................159.97
Sewage removal....................................................159.85
Suspended solids test: Type II devices..........................159.126a
Temperature range test...........................................159.115
Terminals.........................................................159.79
Testing..............................................Part 159, Subpart C
Chemical resistance test.........................................159.117
Coliform test: Type I devices....................................159.123
Coliform test: Type II devices...................................159.126
General..........................................................159.101
Ignition prevention test.........................................159.129
Operability test: Temperature range..............................159.119
Pressure and vacuum pulse test...................................159.111
Pressure test....................................................159.109
Rolling test.....................................................159.107
Sewage processing test...........................................159.121
Shock Test.......................................................159.105
Testing equivalency...............................................159.19
Vibration test...................................................159.103
Vents.............................................................159.61
Visible floating solids: Type I devices..........................159.125
Design, Equipment, and Installation..................Part 157, Subpart B
Applicability.....................................................157.08
Cargo and ballast system information..............................157.23
Cargo monitor and control system..................................157.12
Cargo tank arrangement and size...................................157.19
Designated observation area.......................................157.13
Discharges
Chemical additives................................................157.31
From tank barges exempted from certain dischargerequirements......157.28
Of oily mixtures from oil cargoes.................................157.37
Of clean and segregated ballast: Seagoing tank vessels of 150gross 
tons or more......................................................157.43
Seagoing tank vessels of 150 gross tons or more...................157.29
Tank vessels carrying oil exclusively on rivers, lakes, 
bays,sounds, and the Great Lakes, and seagoing tank vessels of 
less than150 gross tons...........................................157.27
Double hulls on tank vessels.....................................157.10d
Oily residue tank.................................................157.17
Pumping, piping, and discharge arrangements.......................157.11
Segregated Ballast Tanks
Crude oil washing systems for certain new vessels.................157.10

[[Page 573]]

Crude oil washing systems, and dedicated clean ballast tanksfor 
certain new and existing vessels of 40,000 DWT or more...........157.10a
Crude oil washing systems, and dedicated clean ballast Tanks 
forcertain new and existing vessels of 20,000 to 40,000 DWT......157.10c
Dedicated clean ballast tanks, and special ballast arrangementsfor 
tank vessels transporting Outer Continental Shelf oil............157.10b
Slop tanks in tank vessels........................................157.15
Submission of calculations, plans, and specifications.............157.24

                                 E

Equipment............................................Part 155, Subpart B
Bilge slops discharges on oceangoing ships of 400 gross tons 
andabove, but less than 10,000 gross tons, excluding ships that 
carryballast water in their fuel oil tanks.......................155.360
Bilge Slops/Fuel Oil Tank Ballast Water Discharges
On oceangoing ships of less than 400 gross tons..................155.350
On oceangoing ships of 10,000 gross tons and above and 
oceangoingships of 400 gross tons and above that carry ballast 
water in theirfuel oil tanks.....................................155.370
On U.S, non-oceangoing ships.....................................155.330
Containment of Oil and Hazardous Material CargoDischarges........155.310
Damage Stability Information for:
Inland oil barges................................................155.245
Oil tankers and offshore oil barges..............................155.240
Definitions......................................................155.200
Discharge Removal Equipment for Vessels:
Less than 400 feet in length.....................................155.210
400 feet or greater in length....................................155.205
Carrying oil as secondary cargo..................................155.220
Inland oil barges................................................155.215
Emergency Towing Capability for:
Oil barges.......................................................155.230
Oil tankers......................................................155.235
Fuel Oil and Bulk Lubricating Oil Discharge Containment..........155.320
Internal Cargo Transfer Capability...............................155.225
Oily-water Separating Equipment, Bilge Alarm, and Bilge 
MonitorApproval Standards........................................155.380
Overfill Devices.................................................155.480
Placard..........................................................155.450
Platform Machinery Space Drainage on Oceangoing Fixed and 
FloatingDrilling Rigs and other Platforms........................155.400
Prohibited Spaces................................................155.470
Pumping, Piping, and Discharge Requirements for:
Ocean-going ships of 100 gross tons and above, but Less than 
400gross tons....................................................155.420
U.S. non-oceangoing ships of 100 gross tons and above............155.410
Segregation of Fuel Oil and Water Ballast on New Ocean-going 
Shipsof 4,000 Gross Tons and above, other than Oil Tankers, and on 
NewOceangoing Oil Tankers of 150 Gross Tons and above............155.440
Standard Discharge Connections for Oceangoing Ships of 400 
GrossTons and above..............................................155.430
Equipment Requirements...............................Part 154, Subpart C
Closure devices..................................................154.520
Communications...................................................154.560
Discharge containment equipment..................................154.545
Discharge removal................................................154.540
Emergency shutdown...............................................154.550

[[Page 574]]

Hose assemblies..................................................154.500
Lighting.........................................................154.570
Loading arms.....................................................154.510
Monitoring devices...............................................154.525
Small discharge containment......................................154.530
Exemption from Sec. 157.10a orSec. 157.10c.........Part 157, Subpart F
Applying for an exemption or requesting modification of 
anexemption......................................................157.302
Exempted vessels: Operations.....................................157.310
Granting, denying or modifying an exemption......................157.306
Qualifications for exemptions under this part....................157.300
Revocation of exemptions: Procedure and appeal...................157.308

                                 F

Facilities transferring oil or hazardous material in bulk........Part154
Facility Operations..................................Part 154, Subpart D
Compliance with operations manual................................154.750
General..........................................................154.700
Persons in charge:
Designation and qualifications...................................154.710
Evidence of designation..........................................154.730
Records..........................................................154.740
Safety requirements..............................................154.735

                                 G

Garbage Pollution and Sewage....................................Part 151
Applicability.....................................................151.51
Exceptions for emergencies........................................151.77
Grinders or comminuters...........................................151.75
Inspection for compliance and enforcement.........................151.61
[Reserved].......................................................153.107
General.........................Parts, 151, 153, 154, 155, 157, 158, 159
Alternatives.....................................................154.107
Appeals..................................................157.06, 158.190
Applicability..................151.03, 154.100, 155.100, 157.01, 158.110
Authorization of classification societies.........................157.04
CERCLA delegations...............................................153.109
Certificate of Adequacy: Applying for............................158.140
Certificate of Adequacy: Change of information...................158.165
Certificate of Adequacy: Issuance and termination................158.160
Certificate of Adequacy: Ports and Terminals; Which musthave.....158.135
Definitions..................151.05, 153.103, 154.105, 155.110, 156.105, 
          157.03,158.120, 159.3, 151.1006, 151.1504, 154.802, 154.1020, 
                                               155.200,155.1115, 156.205
Delegations..............................................151.07, 158.130
Denial of entry...................................................151.08
Equivalents..............................................155.120, 157.07
Exemptions..............................................154.108, 155.130
Facility examination.............................................154.120
FWPCA delegations and redelegation...............................153.105
Incorporation by reference.......154.106, 155.140, 156.111, 157.02,159.4
Letter of intent.................................................154.110
Penalties for Violation..................................151.04, 158.115
Performing calculations for this part.............................157.05
Ports and Terminals; Which must provide facilities...............158.133
Purpose..................................151.01, 153.101, 158.100, 159.1
Reception Facility Operations....................................158.163
Reporting inadequate reception facilities........................158.167

[[Page 575]]

Requirements for vessel manufacturers..............................159.5
Requirements for vessel operators..................................159.7
Revocation, Procedures after.....................................158.180
Special areas.....................................................151.06
Suspension.......................................................158.174
Suspension: Actions during.......................................158.178
Suspension: Effects of...........................................158.176
Suspension: Grounds for..........................................158.170
Suspension: Notification of......................................158.172
Waivers and alternative..........................................158.150

                                 I

Implementation of MARPOL 73/78 and the Protocol on 
EnvironmentalProtection to the Antarctic Treaty as it Pertains to 
Pollution fromShips............................................Subpart A
Interim Measures for Certain Tank Vessels Without Double 
HullsCarrying Animal or Vegetable Oils...............Part 157, Subpart H
Operational measures.............................................157.510
Purpose and applicability........................................157.500
Interim Measures for Certain Tank Vessels Without Double 
HullsCarrying Other Non-Petroleum Oils................Part 157-subpart I
Operational measures.............................................157.610
Purpose and applicability........................................157.600
Interim Measures for Certain Tank Vessels Without Double 
HullsCarrying Petroleum Oils.........................Part 157, Subpart G
Additional operational requirements for tank barges..............157.460
Autopilot alarm or indicator.....................................157.440
Bridge resource management policy and procedures.................157.415
Emergency lightering requirements for oil tankers................157.410
Enhanced survey requirements.....................................157.430
Maneuvering and vessel status information........................157.450
Maneuvering performance capability...............................157.445
Minimum under-keel clearance.....................................157.455
Purpose and applicability........................................157.400
Vessel specific watch policy and procedures......................157.420
Vital systems surveys............................................157.435

                                 L

Lightering Zones and Operational Requirements for the Gulf 
ofMexico.............................................Part 156, Subpart C
Designated lightering zones......................................156.300
Gulmex No. 2..................................................156.300(b)
Offshore Pascagoula No. 2.....................................156.300(c)
South Sabine Point............................................156.300(d)
Southtex......................................................156.300(a)
Helicopter Operations.........................................156.330(c)
Maximum operating conditions.....................................156.320
Operations.......................................................156.330
Prohibited areas.................................................156.310
Claypile......................................................156.310(a)
Ewing.........................................................156.310(c)
Flower Garden.................................................156.310(b)

                                 M

Marine sanitation devices.......................................Part 159

[[Page 576]]

                                 N

Notice of the Discharge of Oil or Hazardous Substance...Part 153,Subpart 
                                                                       B
Fines............................................................153.205
Procedure for the notice of discharge............................153.203
Purpose..........................................................153.201
Noxious Liquid Substance Pollution
Applicability.....................................................151.30
Categories
A, B, C, and D NLS; requirements for oceangoing ships.............151.31
C and D Oil-like NLSs allowed for carriage........................151.49
C Oil-like NLS; certificates needed to carry......................151.33
C and D Oil-like NLSs; operating requirements for ocean-goingships 
with IOPP Certificates............................................151.41
D NLS and Category D Oil-like NLS.................................151.35
D NLS; operating requirements.....................................151.39
D NLSs other than oil-like Category D NLSs that may be 
carriedunder this subpart.........................................151.47
NLS residues, control of discharge................................151.43
Obtaining an Attachment for NLS to the IOPP Certificate 
andobtaining an NLS Certificate...................................151.37

                                 O

Oil and hazardous material transfer operations..................Part 156
Alternatives.....................................................156.107
Applicability....................................................156.100
Compliance with suspension order.................................156.113
Connection.......................................................156.130
Declaration of Inspection........................................156.150
Definitions......................................................156.105
Discharge cleanup................................................156.125
Equipment tests and inspections..................................156.170
Exemptions.......................................................156.110
Incorporation by reference.......................................156.111
Person in Charge
Limitations......................................................156.115
Supervision......................................................156.160
Suspension order.................................................156.112
Transfer
Advance notice...................................................156.118
Requirements.....................................................156.120
Oil or hazardous material pollution prevention regulations 
forvessels......................................................Part 155
Oil Pollution
Applicability.....................................................151.09
Control of discharge of oil.......................................151.10
Exceptions for emergencies........................................151.11
Foreign ships.....................................................151.29
Inspections for compliance and enforcement........................151.23
International Oil Pollution Prevention (IOPP) Certificates........151.19
Oil Record Book...................................................151.25
Operating Requirements: Discharge of garbage
From fixed or floating platforms..................................151.73
In the navigable water prohibited.................................151.66
Outside special areas.............................................151.69
Within special areas..............................................151.71
Operating requirements: Discharge of plastic prohibited...........151.67

[[Page 577]]

Operating requirements: Discharge of sewage withinAntarctica......151.79
Operations Manual....................................Part 154, Subpart B
Amendment........................................................154.320
Contents.........................................................154.310
General..........................................................154.300
Procedures for examination.......................................154.325

                                 P

Placards..........................................................151.59
Plans
Review and revision...............................................151.28
Submission and approval...........................................151.27
Reporting requirements............................................151.15
Shipboard oil pollution emergency plans...........................151.26
Special areas for Annex of MARPOL 73/78...........................151.13
Surveys...........................................................151.17
Ports and terminal operations........................Part 158, Subpart E
Draining cargo area and piping systems...........................158.500
Following the instruction manual.................................158.520

                                 R

Reception facilities for oil, noxious liquid substances (nls), 
andgarbage......................................................Part 158
Recognition of Facilities
Application......................................................159.201
Recordkeeping requirements........................................151.55
Reporting requirements............................................151.65
Removal of Discharged Oil............................Part 153, Subpart C
Applicability....................................................153.303
Methods and procedures for the removal of discharged oil.........153.305
Penalties........................................................153.307
Purpose..........................................................153.301
Requirements for transfer........................................156.120
Response Plans for Animal Fats and Vegetable Oils Facilities....Part154, 
                                                               Subpart H
Development and evaluation criteria for facilities that 
handle,store, or transport animal fats and vegetable oils.......154.1225
Methods of ensuring the availability of response resources 
bycontract or other approved means..............................154.1228
Purpose and applicability.......................................154.1210
Submission requirements.........................................154.1220
Response Plans for Oil Facilities....................Part 154, Subpart F
Appeal process..................................................154.1075
Applicability...................................................154.1015
Deficiencies....................................................154.1070
Definitions.....................................................154.1020
Exercises.......................................................154.1055
Facility classification by COTP.................................154.1016
General response plan contents..................................154.1030
Inspection and maintenance of response resources................154.1057
Methods of ensuring the availability of response resources 
bycontract or other approved means..............................154.1028
Operating restrictions and interim operatingauthorization.......154.1025
Plan review and revision procedures.............................154.1065
Qualified individual and alternate qualified individual.........154.1026

[[Page 578]]

Response plan development and evaluation criteria forfacilities 
that handle, store, or transport Group I through Group IVpetroleum 
oils............................................................154.1045
Response plan development and evaluation criteria for 
facilitiesthat handle, store, or transport Group V petroleum oils 
                                                                154.1047
Specific requirements for facilities that could reasonably 
beexpected to cause significant and substantial harm to 
theenvironment..................................................154.1035
Specific requirements for facilities that could reasonably 
beexpected to cause substantial harm to the environment.........154.1040
Specific response information to be maintained on mobile 
MTRfacilities...................................................154.1041
Submission and approval procedures..............................154.1060
Worst case discharge............................................154.1029
Response Plans for Other Non-Petroleum Oil Facilities...Part 154,Subpart 
                                                                       I
Purpose and applicability.......................................154.1310
Response plan development and evaluation criteria for 
facilitiesthat handle, store, or transport other non-petroleum 
oils............................................................154.1325
Response plan submission requirements...........................154.1320
Response Plan for Oil, Tank Vessels...................Part 155, SubpartD
Applicability...................................................155.1015
Definitions.....................................................155.1020
Development and Evaluation Criteria for Vessels Carrying:
Groups I through IV petroleum oil as a primary cargo............155.1050
Group V petroleum oil as a primary cargo........................155.1052
Exercises.......................................................155.1060
General response plan requirements..............................155.1030
Inspection and Maintenance of Response Resources................155.1062
Manned Vessels Carrying Oil as a Primary Cargo..................155.1035
Plans
Review, Revision, Amendment, and Appeal.........................155.1070
Submission, Approval, Requests for Acceptance of 
AlternativePlanning Criteria, and Appeal........................155.1065
Qualified Individual and Alternate Qualified Individual.........155.1026
Training........................................................155.1055
Unmanned Tank Barges Carrying Oil as a Primary Cargo............155.1040
Vessels Carrying Oil as a Secondary Cargo.......................155.1045
Response Plan Requirements for Vessels Carrying Animal Fats 
andVegetable Oils as a Primary Cargo.................Part 155, Subpart F
Development and Evaluation Criteria.............................155.1230
Purpose and Applicability.......................................155.1210
Submission Requirements.........................................155.1225
Response Plan Requirements for Vessels Carrying Other Non-
Petroleum Oils as a Primary Cargo....................Part 155, Subpart G
Plan Development and Evaluation Criteria........................155.2230
Purpose and Applicability.......................................155.2210
Submission Requirements.........................................155.2225
Rules for the protection of the marine environment relating totank 
vessels carrying oil in bulk....................................Part 157

                                 S

Sea State 5......................................................155.200
Shipboard control of garbage......................................151.63
Special areas for Annex V of MARPOL 73/78.........................151.53
Special areas for the purpose of Annex II.........................151.32
Special Requirements for Lightering of Oil and Hazardous 
MaterialCargoes......................................Part 156, Subpart B
Applicability....................................................156.200

[[Page 579]]

Definitions......................................................156.205
General..........................................................156.210
Lightering Zones
Designation......................................................156.225
Factors considered...............................................156.230
Pre-arrival Notices..............................................156.215
Reporting of Incidents...........................................156.220

                                 T

Tank Level or Pressure Monitoring Devices and Testing............155.490
Tankers Loading Cargo at a Facility Permitted under the Trans-
Alaska Pipeline Authorization Act (TAPAA)............Part 155, Subpart E
Additional Requirements.........................................155.1125
Definitions.....................................................155.1115
Development and Evaluation Criteria.............................155.1135
Operating Restrictions and Interim Operatingauthorization.......155.1120
Pre-positioned Response Equipment...............................155.1130
Purpose and Applicability.......................................155.1110
Revision and Amendment Procedures...............................155.1150
Submission and Approval Procedures..............................155.1145
Transfer Personnel, Procedures, Equipment, and Records..............Part 
                                                           155,Subpart C
Closure Devices..................................................155.805
Communications...................................................155.785
Deck Lighting....................................................155.790
Draining into bilges.............................................155.770
Emergency Shutdown...............................................155.780
Maximum Cargo Level of Oil.......................................155.775
Person in Charge.................................................155.700
Designation......................................................155.700
Qualifications...................................................155.710
Records..........................................................155.820
Tank Vessel......................................................155.815
Integrity........................................................155.815
Security.........................................................155.810
Transfer Hose....................................................155.800
Transfer Procedures..............................................155.720
Amendments.......................................................155.760
Availability.....................................................155.740
Compliance.......................................................155.730
Contents.........................................................155.750
Transportation of Municipal and Commercial Waste......Part 151,Subpart B
Appeals.........................................................151.1021
Applicability...................................................151.1003
Applying for a conditional permit...............................151.1012
Definitions.....................................................151.1006
Display of number...............................................151.1024
Issuing or denying the issuance of a conditional permit.........151.1015
Purpose.........................................................151.1000
Transportation of municipal or commercial waste.................151.1009
Withdrawal of a conditional permit..............................151.1018
Trans Alaska Pipeline Authorization Act (TAPAA) Facility 
Operatingin Prince William Sound, Alaska.............Part 154, Subpart G
Additional response plan requirements...........................154.1125
Definitions.....................................................154.1115
Operating restrictions and interim operatingauthorization.......154.1120
Purpose and applicability.......................................154.1110
Requirements for pre-positioned response equipment..............154.1130

[[Page 580]]

Response plan development and evaluation criteria...............154.1135
TAPAA facility contracting with a vessel........................154.1140

                                 V

Vapor Control Systems
Applicability....................................................154.800
Application for acceptance as a certifying entity................154.806
Definitions......................................................154.802
Detonation arresters, flame arresters, and flame screens.........154.822
Fire, explosion, and detonation protection.......................154.820
Inerting, enriching, and diluting systems........................154.824
Operational requirements.........................................154.850
Personnel training...............................................154.840
Review, certification,, and initial inspection...................154.804
Vapor compressors and blowers....................................154.826
Vapor control system, general....................................154.808
Vapor line connections...........................................154.810
Vapor recovery and vapor destruction units.......................154.828
Vessel liquid overfill protection, facility requirements.........154.812
Vessel vapor over pressure and vacuum protection.................154.814
Vessels carrying oil, noxious liquid substances, garbage,municipal 
or commercial waste, and ballast water..........................Part 151
Vessel Operation
Applicability.....................................................157.25
Ballast added to cargo tanks......................................157.35
Discharges of/from
Of oily mixtures from oil cargoes.................................157.37
Chemical additives................................................157.31
Seagoing tank vessels of 150 gross tons or more...................157.29
Tank vessels carrying oil exclusively on rivers, lakes, 
bays,sounds, and the Great Lakes, and seagoing tank vessels of 
less than150 gross tons...........................................157.27
Tank barges exempted from certain design requirements.............157.28
Of clean and segregated ballast: Seagoing tank vessels of 150gross 
tons or more......................................................157.43
Emergencies.......................................................157.41
Information for master............................................157.47
Instruction manual................................................157.49
Machinery space bilges............................................157.39
Operation of a tank vessel in violation of regulations............157.26
Valves in cargo or ballast piping system..........................157.45

                                 W

Waste management plans............................................151.57

[[Page 581]]



                 SUBCHAPTER P_PORTS AND WATERWAYS SAFETY





PART 160_PORTS AND WATERWAYSSAFETY_GENERAL--Table of Contents




                            Subpart A_General

Sec.
160.1 Purpose.
160.3 Definitions.
160.5 Delegations.
160.7 Appeals.

           Subpart B_Control of Vessel and Facility Operations

160.101 Purpose.
160.103 Applicability.
160.105 Compliance with orders.
160.107 Denial of entry.
160.109 Waterfront facility safety.
160.111 Special orders applying to vessel operations.
160.113 Prohibition of vessel operation and cargo transfers.
160.115 Withholding of clearance.

  Subpart C_Notifications of Arrival, Hazardous Conditions,and Certain 
                            Dangerous Cargoes

160.201 General.
160.202 Applicability.
160.203 Exemptions.
160.204 Definitions.
160.206 Information required in an NOA.
160.208 Changes to a submitted NOA.
160.210 Methods for submitting an NOA.
160.212 When to submit an NOA.
160.214 Waivers.
160.215 Notice of hazardous conditions.

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;Department of 
Homeland Security Delegation No. 0170.1. Subpart C isalso issued under 
the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715.

    Source: CGD 79-026, 48 FR 35404, Aug. 4, 1983,unless otherwise 
noted.



                            Subpart A_General



Sec. 160.1  Purpose.

    (a) This subchapter contains regulations implementing the Portsand 
Waterways Safety Act (33 U.S.C. 1221) and related statutes.



Sec. 160.3  Definitions.

    For the purposes of this subchapter:
    Bulk means material in any quantity that is shipped, stored,or 
handled without the benefit of package, label, mark or count andcarried 
in integral or fixed independent tanks.
    Captain of the Port means the Coast Guard officer designatedby the 
Commandant to command a Captain of the Port Zone as describedin part 3 
of this chapter.
    Commandant means the Commandant of the United States CoastGuard.
    Commanding Officer, Vessel Traffic Services means the CoastGuard 
officer designated by the Commandant to command a Vessel TrafficService 
(VTS) as described in part 161 of this chapter.
    Deviation means any departure from any rule in thissubchapter.
    District Commander means the Coast Guard officer designatedby the 
Commandant to command a Coast Guard District as described inpart 3 of 
this chapter.
    ETA means estimated time of arrival.
    Length of Tow means, when towing with a hawser, the lengthin feet 
from the stern of the towing vessel to the stern of the lastvessel in 
tow. When pushing ahead or towing alongside, length of towmeans the 
tandem length in feet of the vessels in tow excluding thelength of the 
towing vessel.
    Person means an individual, firm, corporation, 
association,partnership, or governmental entity.
    State means each of the several States of the United States,the 
District of Columbia, the Commonwealth of Puerto Rico, Guam,American 
Samoa, the United States Virgin Islands, the TrustTerritories of the 
Pacific Islands, the Commonwealth of the NorthernMarianas Islands, and 
any other commonwealth, territory, or possessionof the United States.
    Tanker means a self-propelled tank vessel constructed oradapted 
primarily to carry oil or hazardous materials in bulk in thecargo 
spaces.
    Tank Vessel means a vessel that is constructed or adapted tocarry, 
or that carries, oil or hazardous material in bulk as cargo orcargo 
residue.
    Vehicle means every type of conveyance capable of being usedas a 
means of transportation on land.

[[Page 582]]

    Vessel means every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on water.
    Vessel Traffic Services (VTS) means a service implementedunder Part 
161 of this chapter by the United States Coast Guarddesigned to improve 
the safety and efficiency of vessel traffic and toprotect the 
environment. The VTS has the capability to interact withmarine traffic 
and respond to traffic situations developing in the VTSarea.
    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.
    VTS Special Area means a waterway within a VTS area in whichspecial 
operating requirements apply.

[CGD 90-020, 59 FR 36323, July 15, 1994]



Sec. 160.5  Delegations.

    (a) District Commanders and Captains of the Ports are delegatedthe 
authority to establish safety zones.
    (b) Under the provisions of Sec. Sec. 6.04-1and 6.04-6 of this 
chapter, District Commanders and Captains ofthe Ports have been 
delegated authority to establish security zones.
    (c) Under the provisions of Sec. 1.05-1 of thischapter, District 
Commanders have been delegated authority toestablish regulated 
navigation areas.
    (d) Subject to the supervision of the cognizant Captain of thePort 
and District Commander, Commanding Officers, Vessel TrafficServices are 
delegated authority under 33 CFR 1.01-30 todischarge the duties of the 
Captain of the Port that involve directingthe operation, movement, and 
anchorage of vessels within a VesselTraffic Service area including 
management of vessel traffic withinanchorages, regulated navigation 
areas and safety zones, and toenforce Vessel Traffic Service and ports 
and waterways safetyregulations. This authority may be exercised by 
Vessel Traffic Centerpersonnel. The Vessel Traffic Center may, within 
the Vessel TrafficService area, provide information, make 
recommendations, or, to avessel required under Part 161 of this chapter 
to participate in aVessel Traffic Service, issue an order, including an 
order to operateor anchor as directed; require the vessel to comply with 
ordersissued; specify times of entry, movement or departure; 
restrictoperations as necessary for safe operation under the 
circumstances; ortake other action necessary for control of the vessel 
and the safetyof the port or of the marine environment.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended byCGD 88-037, 53 FR 
21815, June 10, 1988; CGD 90-020, 59FR 36324, July 15, 1994]



Sec. 160.7  Appeals.

    (a) Any person directly affected by a safety zone or an order 
ordirection issued under this subchapter may request reconsideration 
bythe official who issued it or in whose name it was issued. Thisrequest 
may be made orally or in writing, and the decision of theofficial 
receiving the request may be rendered orally or in writing.
    (b) Any person directly affected by the establishment of a 
safetyzone or by an order or direction issued by, or on behalf of, a 
Captainof the Port may appeal to the District Commander through the 
Captainof the Port. The appeal must be in writing, except as allowed 
underparagraph (e) of this section, and shall contain complete 
supportingdocumentation and evidence which the appellant wishes to 
haveconsidered. Upon receipt of the appeal, the District Commander 
maydirect a representative to gather and submit documentation or 
otherevidence which would be necessary or helpful to a resolution of 
theappeal. A copy of this documentation and evidence is made available 
tothe appellant. The appellant is afforded five working days from 
thedate of receipt to submit rebuttal materials. Following submission 
ofall materials, the District Commander issues a ruling, in writing, 
onthe appeal. Prior to issuing the ruling, the

[[Page 583]]

District Commandermay, as a matter of discretion, allow oral 
presentation on the issues.
    (c) Any person directly affected by the establishment of a 
safetyzone or by an order or direction issued by, or on behalf of, 
aDistrict Commander, or who receives an unfavorable ruling on an 
appealtaken under paragraph (b) of this section may appeal to the 
AreaCommander through the District Commander. The appeal must be 
inwriting, except as allowed under paragraph (e) of this section, 
andshall contain complete supporting documentation and evidence which 
theappellant wishes to have considered. Upon receipt of the appeal, 
theArea Commander may direct a representative to gather and 
submitdocumentation or other evidence which would be necessary or 
helpful toa resolution of the appeal. A copy of this documentation and 
evidenceis made available to the appellant. The appellant is afforded 
fiveworking days from the date of receipt to submit rebuttal 
materials.Following submission of all materials, the Area Commander 
issues aruling, in writing, on the appeal. Prior to issuing the ruling, 
theArea Commander may, as a matter of discretion, allow oral 
presentationon the issues.
    (d) Any person who receives an unfavorable ruling on an appealtaken 
under paragraph (c) of this section, may appeal through the 
AreaCommander to the Assistant Commandant for Prevention (formerly 
knownas the Assistant Commandant for Marine Safety, Security 
andEnvironmental Protection), U.S. Coast Guard, Washington, DC 20593. 
Theappeal must be in writing, except as allowed under paragraph (e) 
ofthis section. The Area Commander forwards the appeal, all thedocuments 
and evidence which formed the record upon which the order ordirection 
was issued or the ruling under paragraph (c) of this sectionwas made, 
and any comments which might be relevant, to the AssistantCommandant for 
Prevention. A copy of this documentation and evidenceis made available 
to the appellant. The appellant is afforded fiveworking days from the 
date of receipt to submit rebuttal materials tothe Assistant Commandant 
for Prevention. The decision of the AssistantCommandant for Prevention 
is based upon the materials submitted,without oral argument or 
presentation. The decision of the AssistantCommandant for Prevention is 
issued in writing and constitutes finalagency action.
    (e) If the delay in presenting a written appeal would 
havesignificant adverse impact on the appellant, the appeal 
underparagraphs (b) and (c) of this section may initially be 
presentedorally. If an initial presentation of the appeal is made 
orally, theappellant must submit the appeal in writing within five days 
of theoral presentation to the Coast Guard official to whom the 
presentationwas made. The written appeal must contain, at a minimum, the 
basis forthe appeal and a summary of the material presented orally. 
Ifrequested, the official to whom the appeal is directed may stay 
theeffect of the action while the ruling is being appealed.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR33668, June 28, 1996; CGD 97-023, 
62 FR 33364, June 19, 1997;USCG-2002-12471, 67 FR 41333, June 18, 
2002;USCG-2006-25150, 71 FR 39211, July 12, 2006; 72 FR17409, Apr. 9, 
2007]



           Subpart B_Control of Vessel and Facility Operations



Sec. 160.101  Purpose.

    This subpart describes the authority exercised by DistrictCommanders 
and Captains of the Ports to insure the safety of vesselsand waterfront 
facilities, and the protection of the navigable watersand the resources 
therein. The controls described in this subpart aredirected to specific 
situations and hazards.



Sec. 160.103  Applicability.

    (a) This subpart applies to any--
    (1) Vessel on the navigable waters of the United States, except 
asprovided in paragraphs (b) and (c) of this section;
    (2) Bridge or other structure on or in the navigable waters of 
theUnited States; and
    (3) Land structure or shore area immediately adjacent to 
thenavigable waters of the United States.

[[Page 584]]

    (b) This subpart does not apply to any vessel on the SaintLawrence 
Seaway.
    (c) Except pursuant to international treaty, convention, 
oragreement, to which the United States is a party, this subpart doesnot 
apply to any foreign vessel that is not destined for, or departingfrom, 
a port or place subject to the jurisdiction of the United Statesand that 
is in:
    (1) Innocent passage through the territorial sea of the 
UnitedStates;
    (2) Transit through the navigable waters of the United Stateswhich 
form a part of an international strait.



Sec. 160.105  Compliance with orders.

    Each person who has notice of the terms of an order issued underthis 
subpart must comply with that order.



Sec. 160.107  Denial of entry.

    Each District Commander or Captain of the Port, subject torecognized 
principles of international law, may deny entry into thenavigable waters 
of the United States or to any port or place underthe jurisdiction of 
the United States, and within the district or zoneof that District 
Commander or Captain of the Port, to any vessel notin compliance with 
the provisions of the Port and Tanker Safety Act(33 U.S.C. 1221-1232) or 
the regulations issued thereunder.



Sec. 160.109  Waterfront facility safety.

    (a) To prevent damage to, or the destruction of, any bridge orother 
structure on or in the navigable waters of the United States, orany land 
structure or shore area immediately adjacent to such waters,and to 
protect the navigable waters and the resources therein fromharm 
resulting from vessel or structure damage, destruction, or loss,each 
District Commander or Captain of the Port may:
    (1) Direct the handling, loading, unloading, storage, and 
movement(including the emergency removal, control and disposition) 
ofexplosives or other dangerous articles and substances, including oilor 
hazardous material as those terms are defined in 46 U.S.C. 2101 onany 
structure on or in the navigable waters of the United States, orany land 
structure or shore area immediately adjacent to those waters;and
    (2) Conduct examinations to assure compliance with the 
safetyequipment requirements for structures.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 160.111  Special orders applying to vessel operations.

    Each District Commander or Captain of the Port may order a vesselto 
operate or anchor in the manner directed when:
    (a) The District Commander or Captain of the Port has 
reasonablecause to believe that the vessel is not in compliance with 
anyregulation, law or treaty;
    (b) The District Commander or Captain of the Port determines thatthe 
vessel does not satisfy the conditions for vessel operation andcargo 
transfers specified in Sec. 160.113; or
    (c) The District Commander or Captain of the Port has determinedthat 
such order is justified in the interest of safety by reason ofweather, 
visibility, sea conditions, temporary port congestion, othertemporary 
hazardous circumstances, or the condition of the vessel.



Sec. 160.113  Prohibition of vessel operation and cargo transfers.

    (a) Each District Commander or Captain of the Port may prohibitany 
vessel, subject to the provisions of chapter 37 of Title 46, U.S.Code, 
from operating in the navigable waters of the United States, orfrom 
transferring cargo or residue in any port or place under thejurisdiction 
of the United States, and within the district or zone ofthat District 
Commander or Captain of the Port, if the DistrictCommander or the 
Captain of the Port determines that the vessel'shistory of accidents, 
pollution incidents, or serious repair problemscreates reason to believe 
that the vessel may be unsafe or pose athreat to the marine environment.
    (b) The authority to issue orders prohibiting operation of 
thevessels or transfer of cargo or residue under paragraph (a) of 
thissection also applies if the vessel:

[[Page 585]]

    (1) Fails to comply with any applicable regulation;
    (2) Discharges oil or hazardous material in violation of any lawor 
treaty of the United States;
    (3) Does not comply with applicable vessel traffic 
servicerequirements;
    (4) While underway, does not have at least one licensed deckofficer 
on the navigation bridge who is capable of communicating inthe English 
language.
    (c) When a vessel has been prohibited from operating in thenavigable 
waters of the United States under paragraphs (a) or (b) ofthis section, 
the District Commander or Captain of the Port may allowprovisional entry 
into the navigable waters of the United States, orinto any port or place 
under the jurisdiction of the United States andwithin the district or 
zone of that District Commander or Captain ofthe Port, if the owner or 
operator of such vessel proves to thesatisfaction of the District 
Commander or Captain of the Port, thatthe vessel is not unsafe or does 
not pose a threat to the marineenvironment, and that such entry is 
necessary for the safety of thevessel or the persons on board.
    (d) A vessel which has been prohibited from operating in 
thenavigable waters of the United States, or from transferring cargo 
orresidue in a port or place under the jurisdiction of the United 
Statesunder the provisions of paragraph (a) or (b)(1), (2) or (3) of 
thissection, may be allowed provisional entry if the owner or 
operatorproves, to the satisfaction of the District Commander or Captain 
ofthe Port that has jurisdiction, that the vessel is no longer unsafe 
ora threat to the environment, and that the condition which gave rise 
tothe prohibition no longer exists.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended byCGD 96-026, 61 FR 
33668, June 28, 1996;USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 160.115  Withholding of clearance.

    Each District Commander or Captain of the Port may request 
theSecretary of the Treasury, or the authorized representative 
thereof,to withhold or revoke the clearance required by 46 U.S.C. App. 
91 ofany vessel, the owner or operator of which is subject to any 
penaltiesunder 33 U.S.C. 1232.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983; 48 FR 39059,Aug. 29, 1983, as 
amended by USCG-1998-3799, 63 FR35531, June 30, 1998]



  Subpart C_Notification of Arrival, Hazardous Conditions,and Certain 
                            Dangerous Cargos

    Source: USCG-2002-11865, 68 FR 9543, Feb.28, 2003, unless otherwise 
noted.



Sec. 160.201  General.

    This subpart contains requirements and procedures for 
submittingNotices of Arrival (NOA) and Notice of Hazardous Condition. 
Thesections in this subpart describe:
    (a) Applicability and exemptions from requirements in thissubpart;
    (b) Required information in an NOA;
    (c) Required changes to an NOA;
    (d) Methods and times for submission of an NOA and changes to anNOA;
    (e) How to obtain a waiver; and
    (f) Requirements for submission of the Notice of 
HazardousConditions.



Sec. 160.202  Applicability.

    (a) This subpart applies to U.S. and foreign vessels bound for 
ordeparting from ports or places in the United States.
    (b) This subpart does not apply to U.S. recreational vessels under46 
U.S.C. 4301 et seq., but does apply to foreign recreationalvessels.
    (c) Unless otherwise specified in this subpart, the owner, 
agent,master, operator, or person in charge of a vessel regulated by 
thissubpart is responsible for compliance with the requirements in 
thissubpart.
    (d) Towing vessels controlling a barge or barges required tosubmit 
an NOA under this subpart must submit only one NOA containingthe 
information required for the towing vessel and each barge underits 
control.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, asamended by USCG-2004-
19963, 70 FR 74669, Dec. 16, 2005]



Sec. 160.203  Exemptions.

    (a) Except for reporting notice of hazardous conditions, 
thefollowing vessels

[[Page 586]]

are exempt from requirements in this subpart:
    (1) Passenger and supply vessels when they are employed in 
theexploration for or in the removal of oil, gas, or mineral resources 
onthe continental shelf.
    (2) Oil Spill Recovery Vessels (OSRVs) when engaged in actualspill 
response operations or during spill response exercises.
    (3) Vessels operating upon the following waters:
    (i) Mississippi River between its sources and mile 235, Above Headof 
Passes;
    (ii) Tributaries emptying into the Mississippi River above mile235;
    (iii) Atchafalaya River above its junction with the Plaquemine-
Morgan City alternate waterway and the Red River; and
    (iv) The Tennessee River from its confluence with the Ohio Riverto 
mile zero on the Mobile River and all other tributaries betweenthose two 
points.
    (b) If not carrying certain dangerous cargo or controlling 
anothervessel carrying certain dangerous cargo, the following vessels 
areexempt from NOA requirements in this subpart:
    (1) Vessels 300 gross tons or less, except for foreign 
vesselsentering any port or place in the Seventh Coast Guard District 
asdescribed in 33 CFR 3.35-1(b).
    (2) Vessels operating exclusively within a Captain of the PortZone.
    (3) Vessels arriving at a port or place under force majeure.
    (4) Towing vessels and barges operating solely between ports 
orplaces in the continental United States.
    (5) Public vessels.
    (6) Except for tank vessels, U.S. vessels operating solely 
betweenports or places in the United States on the Great Lakes.
    (c) Vessels less than 500 gross tons need not submit 
theInternational Safety Management (ISM) Code Notice (Entry (7) to 
Table160.206).
    (d) Vessels operating solely between ports or places in 
thecontinental United States need not submit the Cargo 
Declaration(Customs Form 1302), (Entry (8) to Table 160.206).
    (e) This section does not exempt any vessel from compliance withthe 
U.S. Customs Service (USCS) reporting or submission requirements.
    (f) U.S. vessels need not submit the International Ship and 
PortFacility Code (ISPS) Notice information (Entry (9) to Table 
160.206).

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, asamended by USCG-2003-
14749, 68 FR 39313, July 1, 2003;68 FR 63735, Nov. 10, 2003]

    Effective Date Note: By USCG-2002-11865,68 FR 27908, May 22, 2003, 
in Sec. 160.203, paragraphs (d)and (e) were suspended, effective May 
22, 2003.



Sec. 160.204  Definitions.

    As used in this subpart:
    Agent means any person, partnership, firm, company orcorporation 
engaged by the owner or charterer of a vessel to act intheir behalf in 
matters concerning the vessel.
    Barge means a non-self propelled vessel engaged in commerce.
    Carried in bulk means a commodity that is loaded or carriedon board 
a vessel without containers or labels and received andhandled without 
mark or count.
    Certain dangerous cargo (CDC) includes any of the following:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
    (2) Division 1.5D blasting agents for which a permit is 
requiredunder 49 CFR 176.415 or, for which a permit is required as a 
conditionof a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49CFR 172.101 that 
is also a ``material poisonous byinhalation'' as defined in 49 CFR 
171.8, and that is in aquantity in excess of 1 metric ton per vessel.
    (4) Division 5.1 oxidizing materials for which a permit isrequired 
under 49 CFR 176.415 or for which a permit is required as acondition of 
a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiaryclassification 
of Division 6.1 ``poisonous material'' aslisted in 49 CFR 172.101 that 
is also a ``material poisonous byinhalation,'' as defined in 49 CFR 
171.8 and that is in a bulkpackaging, or that is in a quantity in excess 
of 20 metric tons pervessel when not in a bulk packaging.

[[Page 587]]

    (6) Class 7, ``highway route controlledquantity'' radioactive 
material or ``fissile material,controlled shipment,'' as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo thatis 
flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids:
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile, and
    (viii) Oleum (fuming sulfuric acid).
    (ix) Propylene oxide, alone or mixed with ethylene oxide.
    (9) The following bulk solids:
    (i) Ammonium nitrate listed as a Division 5.1 (oxidizing) materialin 
49 CFR 172.101 that is not certain dangerous cargo residue (CDCresidue).
    (ii) Ammonium nitrate based fertilizer listed as a Division 
5.1(oxidizing) material in 49 CFR 172.101 that is not CDC residue.
    Certain dangerous cargo residue (CDC residue) means ammoniumnitrate 
in bulk or ammonium nitrate based fertilizer in bulk remainingafter all 
saleable cargo is discharged, not exceeding 1,000 pounds intotal and not 
individually accumulated in quantities exceeding twocubic feet.
    Charterer means the person or organization that contractsfor the 
majority of the carrying capacity of a ship for thetransportation of 
cargo to a stated port for a specified period. Thisincludes ``time 
charterers'' and ``voyagecharterers.''
    Crewmember means all persons carried on board the vessel toprovide 
navigation and maintenance of the vessel, its machinery,systems, and 
arrangements essential for propulsion and safe navigationor to provide 
services for other persons on board.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, andOntario, 
their connecting and tributary waters, the Saint LawrenceRiver as far as 
Saint Regis, and adjacent port areas.
    Gross tons means the tonnage determined by the tonnageauthorities of 
a vessel's flag state in accordance with the nationaltonnage rules in 
force before the entry into force of theInternational Convention on 
Tonnage Measurement of Ships, 1969(``Convention''). For a vessel 
measured only under Annex Iof the Convention, gross tons means that 
tonnage. For a vesselmeasured under both systems, the higher gross 
tonnage is the tonnageused for the purposes of the 300-gross-ton 
threshold.
    Hazardous condition means any condition that may adverselyaffect the 
safety of any vessel, bridge, structure, or shore area orthe 
environmental quality of any port, harbor, or navigable waterwayof the 
United States. It may, but need not, involve collision,allision, fire, 
explosion, grounding, leaking, damage, injury orillness of a person 
aboard, or manning-shortage.
    Nationality means the state (nation) in which a person is acitizen 
or to which a person owes permanent allegiance.
    Operator means any person including, but not limited to, anowner, a 
charterer, or another contractor who conducts, or isresponsible for, the 
operation of a vessel.
    Persons in addition to crewmembers mean any person onboardthe 
vessel, including passengers, who are not included on the list 
ofcrewmembers.
    Port or place of departure means any port or place in whicha vessel 
is anchored or moored.
    Port or place of destination means any port or place inwhich a 
vessel is bound to anchor or moor.
    Public vessel means a vessel that is owned ordemise-(bareboat) 
chartered by the government of the United States, bya State or local 
government, or by the government of a foreign countryand that is not 
engaged in commercial service.
    Time charterer means the party who hires a vessel for aspecific 
amount of time. The owner and his crew manage the vessel, butthe 
charterer selects the ports of destination.
    Voyage charterer means the party who hires a vessel for asingle 
voyage. The owner and his crew manage the vessel, but thecharterer 
selects the ports of destination.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, asamended by USCG-2004-
19963, 70 FR 74669, Dec. 16, 2005]

[[Page 588]]



Sec. 160.206  Information required in an NOA.

    (a) Each NOA must contain all of the information items specifiedin 
Table 160.206.

                                       Table 160.206--NOA InformationItems
----------------------------------------------------------------------------------------------------------------
                                                                                     Vessels carrying CDC
                                                                            ------------------------------------
                   Required information                       Vessels not                       Towing vessels
                                                              carrying CDC       Vessels      controllingvessels
                                                                                                 carrying CDC
----------------------------------------------------------------------------------------------------------------
(1) Vessel Information:
    (i) Name;.............................................               X                X                  X
    (ii) Name of the registered owner;....................               X                X                  X
    (iii) Country of registry;............................               X                X                  X
    (iv) Call sign;.......................................               X                X                  X
    (v) International Maritime Organization (IMO)                        X                X                  X
     international numberor, if vessel does not have an
     assigned IMO international number,substitute with
     official number;.....................................
    (vi) Name of the operator;............................               X                X                  X
    (vii) Name of the charterer; and......................               X                X                  X
    (viii) Name of classification society.................               X                X                  X
(2) Voyage Information:
    (i) Names of last five ports or places visited;.......               X                X                  X
    (ii) Dates of arrival and departure for last five                    X                X                  X
     ports or placesvisited;..............................
    (iii) For each port or place in the United States to                 X                X                  X
     be visitedlist the names of the receiving facility,
     the port or place, the city,and the state;...........
    (iv) For each port or place in the United States to be               X                X                  X
     visited,the estimated date and time of arrival;......
    (v) For each port or place in the United States to be                X                X                  X
     visited, theestimated date and time of departure;....
    (vi) The location (port or place and country) or                     X                X                  X
     position(latitude and longitude or waterway and mile
     marker) of the vessel atthe time of reporting; and...
    (vii) The name and telephone number of a 24-hour point               X                X                  X
     ofcontact............................................
(3) Cargo Information:
    (i) A general description of cargo, other than CDC,                  X                X                  X
     onboard thevessel (e.g.: grain, container, oil,
     etc.);...............................................
    (ii) Name of each certain dangerous cargo carried,      ...............               X                  X
     including cargoUN number, if applicable; and.........
    (iii) Amount of each certain dangerous cargo carried..  ...............               X                  X
(4) Information for each Crewmember Onboard:
    (i) Full name;........................................               X                X                  X
    (ii) Date of birth;...................................               X                X                  X
    (iii) Nationality;....................................               X                X                  X
    (iv) Passport or mariners document number (type of                   X                X                  X
     identificationand number);...........................
    (v) Position or duties on the vessel; and.............               X                X                  X
    (vi) Where the crewmember embarked (list port or place               X                X                  X
     andcountry)..........................................
(5) Information for each Person Onboard in Addition to
 Crew:
    (i) Full name;........................................               X                X                  X
    (ii) Date of birth;...................................               X                X                  X
    (iii) Nationality;....................................               X                X                  X
    (iv) Passport number; and.............................               X                X                  X
    (v) Where the person embarked (list port or place and                X                X                  X
     country).............................................
(6) Operational condition of equipment required bySec.                  X                X                  X
 164.35 of this chapter...................................
(7) International Safety Management (ISM) Code Notice:
    (i) The date of issuance for the company's Document of               X                X                  X
     Compliancecertificate that covers the vessel;........
    (ii) The date of issuance for the vessel's Safety                    X                X                  X
     ManagementCertificate; and...........................
    (iii) The name of the Flag Administration, or the                    X                X                  X
     recognizedorganization(s) representing the vessel
     flag administration, thatissued those certificates...
(8) Cargo Declaration (Customs Form 1302) as described in                X                X                  X
 19CFR 4.7................................................
(9) International Ship and Port Facility Code (ISPS)Notice
 *:
    (i) The date of issuance for the vessel's                            X                X                  X
     International ShipSecurity Certificate (ISSC), if
     any;.................................................
    (ii) Whether the ISSC, if any, is an initial Interim                 X                X                  X
     ISSC,subsequent and consecutive Interim ISSC, or
     final ISSC;..........................................
    (iii) Declaration that the approved ship security                    X                X                  X
     plan, if any, isbeing implemented;...................

[[Page 589]]

 
    (iv) If a subsequent and consecutive Interim ISSC,                   X                X                  X
     thereasons therefor;.................................
    (v) The name and 24-hour contact information for the                 X                X                  X
     CompanySecurity Officer; and.........................
    (vi) The name of the Flag Administration, or the                     X                X                  X
     recognizedsecurity organization(s) representing the
     vessel flag Administrationthat issued the ISSC.......
----------------------------------------------------------------------------------------------------------------
* The information required by items 9(i)-(iii) need not besubmitted before January 1, 2004. All other
  information required byitem 9 need not be submitted before July 1, 2004.

    (b) Vessels operating solely between ports or places in 
thecontinental United States need submit only the name of and date 
ofarrival and departure for the last port or places visited to meet 
therequirements in entries (2)(i) and (ii) to Table 160.206 of 
thissection.
    (c) You may submit a copy of INS Form I-418 to meet therequirements 
of entries (4) and (5) in Table 160.206.
    (d) Any vessel planning to enter two or more consecutive ports 
orplaces in the United States during a single voyage may submit 
oneconsolidated Notification of Arrival at least 96 hours before 
enteringthe first port or place of destination. The consolidated notice 
mustinclude the name of the port or place and estimated arrival 
anddeparture date for each destination of the voyage. Any 
vesselsubmitting a consolidated notice under this section must still 
meetthe requirements of Sec. 160.208 of this part 
concerningrequirements for changes to an NOA.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, asamended by USCG-2003-
14749, 68 FR 39313, July 1, 2003;68 FR 63735, Nov. 10, 2003]

    Effective Date Note: By USCG-2002-11865,68 FR 27908, May 22, 2003, 
in Sec. 160.206, in paragraph(a), item (8) in table 160.206 was 
suspended, effective May 22, 2003.



Sec. 160.208  Changes to a submitted NOA.

    (a) Unless otherwise specified in this section, when submitted 
NOAinformation changes, vessels must submit a notice of change within 
thetimes required in Sec. 160.212.
    (b) Changes in the following information need not be reported:
    (1) Changes in arrival or departure times that are less than six(6) 
hours;
    (2) Changes in vessel location or position of the vessel at thetime 
of reporting (entry (2)(vi) to Table 160.206); and
    (3) Changes to crewmembers' position or duties on the vessel(entry 
(5)(v) to Table 160.206).
    (c) When reporting changes, submit only the name of the 
vessel,original NOA submission date, the port of arrival, the specific 
itemsto be corrected, and the new location or position of the vessel at 
thetime of reporting. Only changes to NOA information need to 
besubmitted.



Sec. 160.210  Methods for submitting an NOA.

    (a) Submission to the National Vessel Movement Center(NVMC). Except 
as provided in paragraphs (b) and (c) of thissection, vessels must 
submit NOA information required bySec. 160.206 (entries 1 through 9 in 
Table 160.206) to theNVMC, United States Coast Guard, 408 Coast Guard 
Drive, Kearneysville,WV 25430, by:
    (1) Electronic submission via the electronic Notice of Arrival 
andDeparture (eNOAD) and consisting of the following three formats:
    (i) A Web site that can be used to submit NOA information directlyto 
the NVMC, accessible from the NVMC web site athttp://www.nvmc.uscg.gov;
    (ii) Electronic submission of Extensible Markup Language 
(XML)formatted documents via web service;
    (iii) Electronic submission via Microsoft InfoPath; contact theNVMC 
at [email protected] or by telephone at1-800-708-9823 or 304-264-2502 
formore information;

[[Page 590]]

    (2) E-mail at [email protected]. Workbook available athttp://
www.nvmc.uscg.gov;
    (3) Fax at 1-800-547-8724 or304-264-2684. Workbook available 
athttp://www.nvmc.uscg.gov; or,
    (4) Telephone at 1-800-708-9823 or304-264-2502.
    (b) Saint Lawrence Seaway transits. Those vessels transitingthe 
Saint Lawrence Seaway inbound, bound for a port or place in theUnited 
States, may meet the submission requirements of paragraph (a)of this 
section by submitting the required information to the SaintLawrence 
Seaway Development Corporation and the Saint Lawrence SeawayManagement 
Corporation of Canada by fax at 315-764-3235or at 315-764-3200. The 
Cargo Declaration (Customs Form1302) in entry (8) in Table 160.206 must 
be submitted electronicallyto the USCS, as required by paragraph (d) of 
this section.
    (c) Seventh Coast Guard District. Those foreign vessels 300or less 
gross tons operating in the Seventh Coast Guard District mustsubmit an 
NOA to the cognizant Captain of the Port (COTP). The CargoDeclaration 
(Customs Form 1302) in entry (8) in Table 160.206 must besubmitted 
electronically to the USCS, as required by paragraph (d) ofthis section.
    (d) Submission to the United States Customs Service's SeaAutomated 
Manifest System (AMS). (1) Beginning July 1, 2003, theCargo Declaration 
(Customs Form 1302) in entry (8) in Table 160.206must be submitted 
electronically to the USCS Sea AMS by one of thefollowing methods:
    (i) By direct connection with USCS or by purchasing the 
propersoftware; or
    (ii) Using a service provider or a Port Authority.
    (2) To become a participant in Sea AMS, submitters must provide 
aletter of intent to USCS prior to first submission.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68FR 63735, Nov. 10, 2003, 
as amended by USCG-2004-19963,70 FR 74669, Dec. 16, 2005]

    Effective Date Note: By USCG-2002-11865,68 FR 27908, May 22, 2003, 
in Sec. 160.210, the lastsentence of paragraph (b), the last sentence 
of paragraph (c), andparagraph (d) were suspended, effective May 22, 
2003.



Sec. 160.212  When to submit an NOA.

    (a) Submission of NOA. (1) Except as set out in paragraph(a)(2) of 
this section, all vessels must submit NOAs within the timesrequired in 
paragraph (a)(3) of this section.
    (2) Towing vessels, when in control of a vessel carrying CDC 
andoperating solely between ports or places in the continental 
UnitedStates, must submit an NOA before departure but at least 12 
hoursbefore entering the port or place of destination.
    (3) Times for submitting NOAs areas follows:

------------------------------------------------------------------------
     If your voyage time is--             You must submit an NOA--
------------------------------------------------------------------------
(i) 96 hours or more; or.........  At least 96 hours before entering
                                    theport or place of destination; or
(ii) Less than 96 hours..........  Before departure but at least 24
                                    hoursbefore entering the port or
                                    place of destination.
------------------------------------------------------------------------

    (b) Submission of changes to NOA. (1) Except as set out inparagraph 
(b)(2) of this section, vessels must submit changes in NOAinformation 
within the times required in paragraph (b)(3) of thissection.
    (2) Towing vessels, when in control of a vessel carrying CDC 
andoperating solely between ports or places in the continental 
UnitedStates, must submit changes to an NOA as soon as practicable but 
atleast 6 hours before entering the port or place of destination.
    (3) Times for submitting changes to NOAs are as follows:

------------------------------------------------------------------------
If your remaining voyage timeis--    Then you must submit changes to an
                                                   NOA--
------------------------------------------------------------------------
(i) 96 hours or more;............  As soon as practicable but at least
                                    24hours before entering the port or
                                    place of destination;
(ii) Less than 96 hours but not    As soonas practicable but at least 24
 less than 24 hours; or             hours before entering the port or
                                    placeof destination; or
(iii) Less than 24 hours.........  As soon as practicable but at least
                                    12hours before entering the port or
                                    place of destination.
------------------------------------------------------------------------

    (c) Submission of the Cargo Declaration (Customs Form 1302).(1) 
Except as set out in paragraph (c)(2) of this section, all vesselsmust 
submit to USCS the Cargo Declaration (Customs Form 1302) in entry(8) to 
Table 160.206, within the times required in paragraph (a)(3) ofthis 
section.

[[Page 591]]

    (2)(i) Except for vessels carrying containerized cargo orbreak bulk 
cargo, vessels carrying bulk cargo may submit the CargoDeclaration 
(Customs Form 1302), (Entry (8) to Table 160.206) beforedeparture but at 
least 24 hours before entering the U.S. port or placeof destination.
    (ii) Vessels carrying break bulk cargo operating under a 
USCSexemption granted under 19 CFR 4.7(b)(4)(ii) may, during the 
effectiveperiod of the USCS exemption, submit the Cargo Declaration 
(CustomsForm 1302), (Entry (8) to Table 160.206) before departure but at 
least24 hours before entering the U.S. port or place of destination.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68FR 63735, Nov. 10, 2003]

    Effective Date Note: By USCG-2002-11865,68 FR 27908, May 22, 2003, 
in Sec. 160.212, paragraph (c)was suspended, effective May 22, 2003.



Sec. 160.214  Waivers.

    The Captain of the Port may waive, within that Captain of thePort's 
designated zone, any of the requirements of this subpart forany vessel 
or class of vessels upon finding that the vessel, route,area of 
operations, conditions of the voyage, or other circumstancesare such 
that application of this subpart is unnecessary orimpractical for 
purposes of safety, environmental protection, ornational security.



Sec. 160.215  Notice of hazardous conditions.

    Whenever there is a hazardous condition either aboard a vessel 
orcaused by a vessel or its operation, the owner, agent, 
master,operator, or person in charge shall immediately notify the 
nearestCoast Guard Sector Office or Group Office. (Compliance with 
thissection does not relieve responsibility for the written 
reportrequired by 46 CFR 4.05-10.)

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, asamended by USCG-2006-
25556, 72 FR 36328, July 2, 2007]



PART 161_VESSEL TRAFFIC MANAGEMENT--Table of Contents




                    Subpart A_Vessel Traffic Services

                              General Rules

Sec.
161.1 Purpose and Intent.
161.2 Definitions.
161.3 Applicability.
161.4 Requirement to carry the rules.
161.5 Deviations from the rules.

           Services, VTS Measures, and Operating Requirements

161.10 Services.
161.11 VTS measures.
161.12 Vessel operating requirements.
161.13 VTS Special Area operating requirements.

               Subpart B_Vessel Movement Reporting System

161.15 Purpose and intent.
161.16 Applicability.
161.17 Definitions.
161.18 Reporting requirements.
161.19 Sailing Plan (SP).
161.20 Position Report (PR).
161.21 Automated reporting.
161.22 Final Report (FR).
161.23 Reporting exemptions.

  Subpart C_Vessel Traffic Service and Vessel MovementReporting System 
                       Areas and Reporting Points

161.25 Vessel Traffic Service New York Area.
161.30 Vessel Traffic Service Louisville.
161.35 Vessel Traffic Service Houston/Galveston.
161.40 Vessel Traffic Service Berwick Bay.
161.45 Vessel Traffic Service St. Marys River.
161.50 Vessel Traffic Service San Francisco.
161.55 Vessel Traffic Service Puget Sound and theCooperative Vessel 
          Traffic Service for the Juan de Fuca Region.
161.60 Vessel Traffic Service Prince William Sound.

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119;Pub. L. 107-
295, 116 Stat. 2064; Department of HomelandSecurity Delegation No. 
0170.1.

    Source: CGD 90-020, 59 FR 36324, July 15, 1994,unless otherwise 
noted.

[[Page 592]]



                    Subpart A_Vessel Traffic Services

                              General Rules



Sec. 161.1  Purpose and Intent.

    (a) The purpose of this part is to promulgate 
regulationsimplementing and enforcing certain sections of the Ports and 
WaterwaysSafety Act (PWSA) setting up a national system of Vessel 
TrafficServices that will enhance navigation, vessel safety, and 
marineenvironmental protection, and promote safe vessel movement by 
reducingthe potential for collisions, rammings, and groundings, and the 
lossof lives and property associated with these incidents within VTS 
areasestablished hereunder.
    (b) Vessel Traffic Services provide the mariner with 
informationrelated to the safe navigation of a waterway. This 
information,coupled with the mariner's compliance with the provisions 
set forth inthis part, enhances the safe routing of vessels through 
congestedwaterways or waterways of particular hazard. Under 
certaincircumstances, a VTS may issue directions to control the movement 
ofvessels in order to minimize the risk of collision between vessels, 
ordamage to property or the environment.
    (c) The owner, operator, charterer, master, or person directingthe 
movement of a vessel remains at all times responsible for themanner in 
which the vessel is operated and maneuvered, and isresponsible for the 
safe navigation of the vessel under allcircumstances. Compliance with 
these rules or with a direction of theVTS is at all times contingent 
upon the exigencies of safe navigation.
    (d) Nothing in this part is intended to relieve any vessel, 
owner,operator, charterer, master, or person directing the movement of 
avessel from the consequences of any neglect to comply with this partor 
any other applicable law or regulation (e.g., the 
InternationalRegulations for Prevention of Collisions at Sea, 1972 (72 
COLREGS) orthe Inland Navigation Rules) or of the neglect of any 
precaution whichmay be required by the ordinary practice of seamen, or 
by the specialcircumstances of the case.



Sec. 161.2  Definitions.

    For the purposes of this part:
    Cooperative Vessel Traffic Services (CVTS) means the systemof vessel 
traffic management established and jointly operated by theUnited States 
and Canada within adjoining waters. In addition, CVTSfacilitates traffic 
movement and anchorages, avoids jurisdictionaldisputes, and renders 
assistance in emergencies in adjoining UnitedStates and Canadian waters.
    Hazardous Vessel Operating Condition means any conditionrelated to a 
vessel's ability to safely navigate or maneuver, andincludes, but is not 
limited to:
    (1) The absence or malfunction of vessel operating equipment, suchas 
propulsion machinery, steering gear, radar system, gyrocompass,depth 
sounding device, automatic radar plotting aid (ARPA),radiotelephone, 
Automatic Identification System equipment,navigational lighting, sound 
signaling devices or similar equipment.
    (2) Any condition on board the vessel likely to impair 
navigation,such as lack of current nautical charts and publications, 
personnelshortage, or similar condition.
    (3) Vessel characteristics that affect or restrictmaneuverability, 
such as cargo arrangement, trim, loaded condition,underkeel clearance, 
speed, or similar characteristics.
    Navigable waters means all navigable waters of the UnitedStates 
including the territorial sea of the United States, extendingto 12 
nautical miles from United States baselines, as described inPresidential 
Proclamation No. 5928 of December 27, 1988.
    Precautionary Area means a routing measure comprising anarea within 
defined limits where vessels must navigate with particularcaution and 
within which the direction of traffic may be recommended.
    Towing Vessel means any commercial vessel engaged in towinganother 
vessel astern, alongside, or by pushing ahead.
    Vessel Movement Center (VMC) means the shore-based facilitythat 
operates the vessel tracking system for a Vessel MovementReporting 
System (VMRS) area or sector within such an area. The

[[Page 593]]

VMC does not necessarily have the capability or qualifiedpersonnel to 
interact with marine traffic, nor does it necessarilyrespond to traffic 
situations developing in the area, as does a VesselTraffic Service 
(VTS).
    Vessel Movement Reporting System (VMRS) means a mandatoryreporting 
system used to monitor and track vessel movements. This isaccomplished 
by a vessel providing information under establishedprocedures as set 
forth in this part in the areas defined in Table161.12(c) (VTS and VMRS 
Centers, Call Signs/MMSI, DesignatedFrequencies, and Monitoring Areas).
    Vessel Movement Reporting System (VMRS) User means a vessel,or an 
owner, operator, charterer, Master, or person directing themovement of a 
vessel that is required to participate in a VMRS.
    Vessel Traffic Center (VTC) means the shore-based facilitythat 
operates the vessel traffic service for the Vessel TrafficService area 
or sector within such an area.
    Vessel Traffic Services (VTS) means a service implemented bythe 
United States Coast Guard designed to improve the safety andefficiency 
of vessel traffic and to protect the environment. The VTShas the 
capability to interact with marine traffic and respond totraffic 
situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means thegeographical area 
encompassing a specific VTS area of service. Thisarea of service may be 
subdivided into sectors for the purpose ofallocating responsibility to 
individual Vessel Traffic Centers or toidentify different operating 
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.
    VTS Special Area means a waterway within a VTS area in whichspecial 
operating requirements apply.
    VTS User means a vessel, or an owner, operator, charterer,master, or 
person directing the movement of a vessel, that is:
    (a) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; or
    (b) Required to participate in a VMRS within a VTS area (VMRSUser).
    VTS User's Manual means the manual established anddistributed by the 
VTS to provide the mariner with a description ofthe services offered and 
rules in force for that VTS. Additionally,the manual may include 
chartlets showing the area and sectorboundaries, general navigational 
information about the area, andprocedures, radio frequencies, reporting 
provisions and otherinformation which may assist the mariner while in 
the VTS area.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGE 97-023, 62 FR 
33364, June 19, 1997;USCG-2003-14757, 68 FR 39364, July 1, 2003]



Sec. 161.3  Applicability.

    The provisions of this subpart shall apply to each VTS User andmay 
also apply to any vessel while underway or at anchor on thenavigable 
waters of the United States within a VTS area, to the extentthe VTS 
considers necessary.



Sec. 161.4  Requirement to carry the rules.

    Each VTS User shall carry on board and maintain for readyreference a 
copy of these rules.
    Note: These rules are contained in the applicable U.S. CoastPilot, 
the VTS User's Manual which may be obtained by contacting theappropriate 
VTS, and periodically published in the Local Notice toMariners. The VTS 
User's Manual and the World VTS Guide, anInternational Maritime 
Organization (IMO) recognized publication,contain additional information 
which may assist the prudent marinerwhile in the appropriate VTS area.



Sec. 161.5  Deviations from the rules.

    (a) Requests to deviate from any provision in this part, eitherfor 
an extended period of time or if anticipated before the start of 
atransit, must be submitted in writing to the appropriate 
DistrictCommander. Upon receipt of the written request, the District 
Commandermay authorize a deviation if it is determined that such a 
deviationprovides a level of safety equivalent to that provided by the 
requiredmeasure or is a maneuver considered necessary

[[Page 594]]

for safe navigationunder the circumstances. An application for an 
authorized deviationmust state the need and fully describe the proposed 
alternative to therequired measure.
    (b) Requests to deviate from any provision in this part due 
tocircumstances that develop during a transit or immediately preceedinga 
transit, may be made verbally to the appropriate VTS Director.Requests 
to deviate shall be made as far in advance as practicable.Upon receipt 
of the request, the VTS Director may authorize adeviation if it is 
determined that, based on vessel handlingcharacteristics, traffic 
density, radar contacts, environmentalconditions and other relevant 
information, such a deviation provides alevel of safety equivalent to 
that provided by the required measure oris a maneuver considered 
necessary for safe navigation under thecircumstances.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byUSCG-2005-21531, 
70 FR 36350, June 23, 2005]

           Services, VTS Measures, and Operating Requirements



Sec. 161.10  Services.

    To enhance navigation and vessel safety, and to protect the 
marineenvironment, a VTS may issue advisories, or respond to vessel 
requestsfor information, on reported conditions within the VTS area, 
such as:
    (a) Hazardous conditions or circumstances;
    (b) Vessel congestion;
    (c) Traffic density;
    (d) Environmental conditions;
    (e) Aids to navigation status;
    (f) Anticipated vessel encounters;
    (g) Another vessel's name, type, position, hazardous vesseloperating 
conditions, if applicable, and intended navigationmovements, as 
reported;
    (h) Temporary measures in effect;
    (i) A description of local harbor operations and conditions, suchas 
ferry routes, dredging, and so forth;
    (j) Anchorage availability; or
    (k) Other information or special circumstances.



Sec. 161.11  VTS measures.

    (a) A VTS may issue measures or directions to enhance navigationand 
vessel safety and to protect the marine environment, such as, butnot 
limited to:
    (1) Designating temporary reporting points and procedures;
    (2) Imposing vessel operating requirements; or
    (3) Establishing vessel traffic routing schemes.
    (b) During conditions of vessel congestion, restricted 
visibility,adverse weather, or other hazardous circumstances, a VTS may 
control,supervise, or otherwise manage traffic, by specifying times of 
entry,movement, or departure to, from, or within a VTS area.



Sec. 161.12  Vessel operating requirements.

    (a) Subject to the exigencies of safe navigation, a VTS User 
shallcomply with all measures established or directions issued by a VTS.
    (b) If, in a specific circumstance, a VTS User is unable to 
safelycomply with a measure or direction issued by the VTS, the VTS User 
maydeviate only to the extent necessary to avoid endangering 
persons,property or the environment. The deviation shall be reported to 
theVTS as soon as is practicable.
    (c) When not exchanging voice communications, a VTS User 
mustmaintain a listening watch as required by Sec. 26.04(e) ofthis 
chapter on the VTS frequency designated in Table 161.12(c) (VTSand VMRS 
Centers, Call Signs/MMSI, Designated Frequencies, andMonitoring Areas). 
In addition, the VTS User must respond promptlywhen hailed and 
communicate in the English language.

    Note to Sec. 161.12(c): As stated in 47 CFR80.148(b), a very high 
frequency watch on Channel 16 (156.800 MHz) isnot required on vessels 
subject to the Vessel Bridge-to-BridgeRadiotelephone Act and 
participating in a Vessel Traffic Service (VTS)system when the watch is 
maintained on both the vessel bridge-to-bridge frequency and a 
designated VTS frequency.

[[Page 595]]



       Table 161.12(c)--VTS and VMRSCenters, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
                                              Designated frequency(Channel
        Center MMSI \1\ Call Sign               designation)--purpose \2\             Monitoringarea \3,4\
----------------------------------------------------------------------------------------------------------------
Berwick Bay 003669950--
Berwick Traffic..........................  156.550 MHz (Ch. 11)..............  The waters south of29[deg]45[min]
                                                                                N., west of 91[deg]10[min] W.,
                                                                                north of29[deg]37[min] N., and
                                                                                east of 91[deg]18[min] W.
Buzzards Bay
 Buzzards Bay Control \5\................  156.600 MHz (Ch. 12)..............  Thewaters east and north of a
                                                                                line drawn from the southern
                                                                                tangent ofSakonnet Point, Rhode
                                                                                Island, in approximate position
                                                                                latitude41[deg]-27.2[min] N,
                                                                                longitude 70[deg]-11.7[min] W,to
                                                                                the Buzzards Bay Entrance Light
                                                                                in approximate position
                                                                                latitude41[deg]-23.5[min] N,
                                                                                longitude 71[deg]-02.0[min]
                                                                                W,and then to the southwestern
                                                                                tangent of Cuttyhunk
                                                                                Island,Massachusetts, at
                                                                                approximate position
                                                                                latitude41[deg]-24.6[min] N,
                                                                                longitude 70[deg]-57.0[min]
                                                                                W,and including all of the Cape
                                                                                Cod Canal to its eastern
                                                                                entrance,except that the area of
                                                                                New Bedford harbor within the
                                                                                confines (northof) the hurricane
                                                                                barrier, and the passages
                                                                                through the ElizabethIslands, is
                                                                                not considered to be ``Buzzards
                                                                                Bay''.
Houston-Galveston--003669954.............  ..................................  The navigable waters northof
                                                                                29[deg] N., west of
                                                                                94[deg]20[min] W., south of
                                                                                29[deg]49[min]N., and east of
                                                                                95[deg]20[min] W.
Houston Traffic..........................  156.550 MHz (Ch. 11)..............  The navigable waters north of a
                                           156.250 Mhz (Ch. 5A)..............   lineextending due west from the
                                           --For Sailing Plans only..........   southern most end of Exxon Dock
                                                                                1(20[deg]43.37[min] N.,
                                                                                95[deg]01.27[min] W.).
Houston Traffic..........................  156.600 MHz (Ch. 12)..............  The navigable waters south of a
                                           156.250 Mhz (Ch. 5A)..............   lineextending due west from the
                                           --For Sailing Plans only..........   southern most end of Exxon Dock
                                                                                1(29[deg]43.37[min] N.,
                                                                                95[deg]01.27[min] W.)
Los Angeles/Long Beach: MMSI/To be
 determined
San Pedro Traffic........................  156.700 MHz (Ch.14)...............  Vessel MovementReporting System
                                                                                Area: The navigable waters
                                                                                within a 25 nauticalmile radius
                                                                                of Point Fermin Light
                                                                                (33[deg]42.3[min]
                                                                                N.,118[deg]17.6[min] W.).
Louisville: Not applicable
Louisville Traffic.......................  156.650 MHz (Ch. 13)                The waters ofthe Ohio River
                                                                                between McAlpine Locks (Mile
                                                                                606) and Twelve MileIsland (Mile
                                                                                593), only when the McAlpine
                                                                                upper pool gauge is
                                                                                atapproximately 13.0 feet or
                                                                                above.
Lower Mississippi River \6\--0036699952
New Orleans Traffic......................  156.700 MHz (Ch.14)...............  The navigablewaters of the Lower
                                                                                Mississippi River below
                                                                                30[deg]38.7[min]
                                                                                N.,91[deg]17.5[min] W. (Port
                                                                                Hudson Light at 255 miles Above
                                                                                Head ofPasses (AHP)), the
                                                                                Southwest Pass, and, within a 12
                                                                                nautical milesradius around
                                                                                28[deg]54.3[min] N.,
                                                                                89[deg]25.7[min] W.
                                                                                (SouthwestPass Entrance Light at
                                                                                19.9 miles Below Head of
                                                                                Passes).
New Orleans Traffic......................  156.600 MHz (Ch.12)...............  New OrleansSector. The navigable
                                                                                waters of the Lower Mississippi
                                                                                River boundedon the north by a
                                                                                line drawn perpendicularly at
                                                                                29[deg]56.4[min]
                                                                                N.,90[deg]08.36[min] W. and on
                                                                                the south by a line
                                                                                drawnperpendicularly at
                                                                                29[deg]56.24[min] N.,
                                                                                89[deg]59.86[min] W. (88and 106
                                                                                miles AHP).
New York--003669951
New York Traffic.........................  156.550 MHz (Ch. 11)..............  The area consists of the
                                           --For Sailing Plans only..........   navigablewaters of the Lower New
                                           156.600 MHz (Ch. 12)..............   York Bay bounded on the east by
                                           --For vessels at anchor...........   a line drawnfrom Norton Point to
                                                                                Breezy Point; on the south by a
                                                                                line connectingthe entrance
                                                                                buoys at the Ambrose Channel,
                                                                                Swash Channel, and SandyHook
                                                                                Channel to Sandy Hook Point; and
                                                                                on the southeast including
                                                                                thewaters of Sandy Hook Bay
                                                                                south to a line drawn at
                                                                                latitude 40[deg]25[min] N; then
                                                                                west in the Raritan Bay to the
                                                                                Raritan River RailroadBridge,
                                                                                then north into waters of the
                                                                                Arthur Kill and Newark Bay tothe
                                                                                Lehigh Valley Draw Bridge at
                                                                                latitude 40[deg] 41.9N; and
                                                                                theneast including the waters of
                                                                                the Kill Van Kull and the Upper
                                                                                New YorkBay north to a line
                                                                                drawn east-west from the Holland
                                                                                Tunnel ventilatorshaft at
                                                                                latitude 40[deg] 43.7[min] N,
                                                                                longitude 74[deg] 01.6[min]W, in
                                                                                the Hudson River; and then
                                                                                continuing east including the
                                                                                watersof the East River to the
                                                                                Throgs Neck Bridge, excluding
                                                                                the HarlemRiver.

[[Page 596]]

 
New York Traffic.........................  156.700 MHz (Ch. 14)..............  The navigablewaters of the Lower
                                                                                New York Bay west of a line
                                                                                drawn from NortonPoint to Breezy
                                                                                Point; and north of a line
                                                                                connecting the entrancebuoys of
                                                                                Ambrose Channel, Swash Channel,
                                                                                and Sandy Hook Channel, toSandy
                                                                                Hook Point; on the southeast
                                                                                including the waters of the
                                                                                SandyHook Bay south to a line
                                                                                drawn at latitude 40[deg]
                                                                                25[min] N; thenwest into the
                                                                                waters of Raritan Bay East Reach
                                                                                to a line drawn fromGreat Kills
                                                                                Light south through Raritan Bay
                                                                                East Reach LGB 14
                                                                                toComfort PT, NJ; then north
                                                                                including the waters of the
                                                                                Upper New YorkBay south of
                                                                                40[deg] 42.40[min] N (Brooklyn
                                                                                Bridge) and 40[deg]43.70[min] N
                                                                                (Holland Tunnel Ventilator
                                                                                Shaft); west through the KVKinto
                                                                                the Arthur Kill north of 40[deg]
                                                                                38.25[min] N (Arthur
                                                                                KillRailroad Bridge); then north
                                                                                into the waters of the Newark
                                                                                Bay, southof 40[deg] 41.95[min]
                                                                                N (Lehigh Valley Draw Bridge).
New York Traffic.........................  156.600 MHz (Ch. 12)..............  The navigable watersof the
                                                                                Raritan Bay south to a line
                                                                                drawn at latitude 40[deg]
                                                                                26[min]N; then west of a line
                                                                                drawn from Great Kills Light
                                                                                south through theRaritan Bay
                                                                                East Reach LGB 14 to
                                                                                Point Comfort, NJ; then west
                                                                                tothe Raritan River Railroad
                                                                                Bridge; and north including the
                                                                                waters ofthe Arthur Kill to
                                                                                40[deg] 28.25[min] N (Arthur
                                                                                Kill RailroadBridge); including
                                                                                the waters of the East River
                                                                                north of 40[deg]42.40[min] N
                                                                                (Brooklyn Bridge) to the Throgs
                                                                                Neck Bridge, excludingthe Harlem
                                                                                River.
Port Arthur \6\--003669955
Sabine Traffic...........................  To be determined..................  The navigable waters southof
                                                                                30[deg]10[min] N., east of
                                                                                94[deg]20[min] W., west
                                                                                of93[deg]22[min] W, and, north
                                                                                of 29[deg] 10[min] N.
Prince William Sound--003669958
Valdez Traffic...........................  156.650 MHz (Ch. 13)..............  The navigable waterssouth of
                                                                                61[deg]05[min] N., east of
                                                                                147[deg]20[min] W., north
                                                                                of60[deg] N., and west of
                                                                                146[deg]30[min] W.; and, all
                                                                                navigablewaters in Port Valdez.
Puget Sound \7\
Seattle Traffic--003669957...............  156.700 MHz (Ch. 14)..............  Thewaters of Puget Sound, Hood
                                                                                Canal and adjacent waters south
                                                                                of a lineconnecting Nodule Point
                                                                                and Bush Point in Admiralty
                                                                                Inlet and southof a line drawn
                                                                                due east from the southernmost
                                                                                tip of Possession Pointon
                                                                                Whidbey Island to the shoreline.
Seattle Traffic--003669957...............  156.250 MHz (Ch. 5A)..............  Thewaters of the Strait of Juan
                                                                                de Fuca east of 124[deg]40[min]
                                                                                W.excluding the waters in the
                                                                                central portion of the Strait of
                                                                                Juan deFuca north and east of
                                                                                Race Rocks; the navigable waters
                                                                                of the Straitof Georgia east of
                                                                                122[deg]52[min] W.; the San Juan
                                                                                IslandArchipelago, Rosario
                                                                                Strait, Bellingham Bay;
                                                                                Admiralty Inlet north ofa line
                                                                                connecting Nodule Point and Bush
                                                                                Point and all waters east
                                                                                ofWhidbey Island North of a line
                                                                                drawn due east from the
                                                                                southernmosttip of Possession
                                                                                Point on Whidbey Island to the
                                                                                shoreline.
Tofino Traffic--003160012................  156.725 MHz (Ch. 74)..............  Thewaters west of 124[deg]40[min]
                                                                                W. within 50 nautical miles of
                                                                                thecoast of Vancouver Island
                                                                                including the waters north of
                                                                                48[deg] N.,and east of 127[deg]
                                                                                W.
Victoria Traffi--003160010...............  156.550 MHz (Ch. 11)..............  Thewaters of the Strait of
                                                                                Georgia west of 122[deg]52[min]
                                                                                W., thenavigable waters of the
                                                                                central Strait of Juan de Fuca
                                                                                north and eastof Race Rocks,
                                                                                including the Gulf Island
                                                                                Archipelago, Boundary Passand
                                                                                Haro Strait.
San Francisco--003669956
San Francisco Traffic....................  156.700 MHz (Ch. 14)..............  The navigablewaters of the San
                                                                                Francisco Offshore Precautionary
                                                                                Area, the navigablewaters
                                                                                shoreward of the San Francisco
                                                                                Offshore Precautionary Area
                                                                                eastof 122[deg]42.0[min] W. and
                                                                                north of 37[deg]40.0[min] N.
                                                                                extendingeastward through the
                                                                                Golden Gate, and the navigable
                                                                                waters of SanFrancisco Bay and
                                                                                as far east as the port of
                                                                                Stockton on the SanJoaquin
                                                                                River, as far north as the port
                                                                                of Sacramento on theSacramento
                                                                                River.
San Francisco Traffic....................  156.600 MHz (Ch. 12)..............  The navigablewaters within a 38
                                                                                nautical mile radius of Mount
                                                                                Tamalpais(37[deg]55.8[min] N.,
                                                                                122[deg]34.6[min] W.) west
                                                                                of122[deg]42.0[min] W. and south
                                                                                of 37[deg]40.0[min] N and
                                                                                excludingthe San Francisco
                                                                                Offshore Precautionary Area.

[[Page 597]]

 
St. Marys River--003669953
Soo Traffic..............................  156.600 MHz (Ch. 12)..............  The waters of the St.Marys River
                                                                                between 45[deg]57[min] N. (De
                                                                                Tour Reef Light)
                                                                                and46[deg]38.7[min] N. (lle
                                                                                Parisienne Light), except the
                                                                                St. MarysFalls Canal and those
                                                                                navigable waters east of a line
                                                                                from46[deg]04.16[min] N. and
                                                                                46[deg]01.57[min] N. (La Pointe
                                                                                to SimsPoint in Potagannissing
                                                                                Bay and Worsley Bay).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Maritime Mobile Service Identifier (MMSI) is a uniquenine-digit number assigned that identifies ship
  stations, ship earthstations, coast stations, coast earth stations, and group calls foruse by a digital
  selective calling (DSC) radio, an INMARSAT ship earthstation or AIS. AIS requirements are set forth inSec.
  Sec.  161.21 and 164.46 of this subchapter. Therequirements set forth in Sec. Sec.  161.21 and 164.46
  ofthis subchapter apply in those areas denoted with a MMSI number.
\2\ In the event of a communication failure, difficulties orother safety factors, the Center may direct or
  permit a user tomonitor and report on any other designated monitoring frequency or thebridge-to-bridge
  navigational frequency, 156.650 MHz (Channel 13) or156.375 MHz (Ch. 67), to the extent that doing so provides
  a level ofsafety beyond that provided by other means. The bridge-to-bridgenavigational frequency, 156.650 MHz
  (Ch. 13), is used in certainmonitoring areas where the level of reporting does not warrant adesignated
  frequency.
\3\ All geographic coordinates (latitude and longitude) areexpressed in North American Datum of 1983 (NAD 83).
\4\ Some monitoring areas extend beyond navigable waters.Although not required, users are strongly encouraged to
  maintain alistening watch on the designated monitoring frequency in these areas.Otherwise, they are required
  to maintain watch as stated in 47 CFR80.148.
\5\ In addition to the vessels denoted in Section 161.16 ofthis chapter, requirements set forth in subpart B of
  33 CFR part 161also apply to any vessel transiting VMRS Buzzards Bay required tocarry a bridge-to-bridge
  radiotelephone by part 26 of this chapter.
\6\ Until rules regarding VTS Lower Mississippi River and VTSPort Arthur are published, vessels are exempted of
  all VTS and VMRSrequirements set forth in 33 CFR part 161, except those set forth inSec. Sec.  161.21 and
  164.46 of this subchapter.
\7\ A Cooperative Vessel Traffic Service was established bythe United States and Canada within adjoining waters.
  The appropriateCenter administers the rules issued by both nations; however, enforcesonly its own set of rules
  within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is not
  sodesignated in Canadian waters, therefore users are encouraged andpermitted to make passing arrangements on
  the designated monitoringfrequencies.

    (d) As soon as is practicable, a VTS User shall notify the VTS ofany 
of the following:
    (1) A marine casualty as defined in 46 CFR 4.05-1;
    (2) Involvement in the ramming of a fixed or floating object;
    (3) A pollution incident as defined in Sec. 151.15 ofthis chapter;
    (4) A defect or discrepancy in an aid to navigation;
    (5) A hazardous condition as defined in Sec. 160.203 ofthis 
chapter;
    (6) Improper operation of vessel equipment required by Part 164 
ofthis chapter;
    (7) A situation involving hazardous materials for which a reportis 
required by 49 CFR 176.48; and
    (8) A hazardous vessel operating condition as defined inSec. 161.2.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGD 95-033, 60 FR 
28329, May 31, 1995; CGD 92-052, 61 FR45326, Aug. 29, 1996; USCG-1999-
6141, 64 FR 69636, Dec.14, 1999; USCG-2003-14757, 68 FR 39364, July 1, 
2003;USCG-2003-14757, 68 FR 60569, Oct. 22, 2003;USCG-2004-18057, 69 FR 
34926, June 23, 2004;CGD01-04-133, 72 FR 50058, Aug. 30, 2007; 72 FR 
70780,Dec. 13, 2007; USCG-2008-0179, 73 FR 35016, June 19,2008]



Sec. 161.13  VTS Special Area operating requirements.

    The following operating requirements apply within a VTS SpecialArea:
    (a) A VTS User shall, if towing astern, do so with as short ahawser 
as safety and good seamanship permits.
    (b) A VMRS User shall: (1) Not enter or get underway in the 
areawithout prior approval of the VTS;
    (2) Not enter a VTS Special Area if a hazardous vessel 
operatingcondition or circumstance exists;
    (3) Not meet, cross, or overtake any other VMRS User in the 
areawithout prior approval of the VTS; and
    (4) Before meeting, crossing, or overtaking any other VMRS User 
inthe area, communicate on the designated vessel bridge-to-
bridgeradiotelephone frequency, intended navigation movements, and any 
otherinformation necessary in order to make safe passing arrangements. 
Thisrequirement does not relieve a vessel of any duty prescribed by 
theInternational Regulations for Prevention of Collisions at Sea, 
1972(72 COLREGS) or the Inland Navigation Rules.

[[Page 598]]



               Subpart B_Vessel Movement Reporting System



Sec. 161.15  Purpose and intent.

    (a) A Vessel Movement Reporting System (VMRS) is a system used 
tomonitor and track vessel movements VTS or VMRS area. This 
isaccomplished by requiring that vessels provide information 
underestablished procedures as set forth in this part, or as directed 
bythe Center.
    (b) To avoid imposing an undue reporting burden or undulycongesting 
radiotelephone frequencies, reports shall be limited toinformation which 
is essential to achieve the objectives of the VMRS.These reports are 
consolidated into three reports (sailing plan,position, and final).

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byUSCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.16  Applicability.

    Unless otherwise stated, the provisions of this subpart apply tothe 
following vessels and VMRS Users:
    (a) Every power-driven vessel of 40 meters (approximately 131feet) 
or more in length, while navigating;
    (b) Every towing vessel of 8 meters (approximately 26 feet) ormore 
in length, while navigating; or
    (c) Every vessel certificated to carry 50 or more passengers 
forhire, when engaged in trade.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byUSCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.17  Definitions.

    As used in this subpart:
    Center means a Vessel Traffic Center or Vessel MovementCenter.
    Published means available in a widely-distributed andpublicly 
available medium (e.g., VTS User's Manual, ferry schedule,Notice to 
Mariners).

[USCG-2003-14757, 68 FR 39366, July 1, 2003]



Sec. 161.18  Reporting requirements.

    (a) A Center may: (1) Direct a vessel to provide any of 
theinformation set forth in Table 161.18(a) (IMO Standard Ship 
ReportingSystem);

         Table 161.18(a)--The IMO Standard Ship Reporting System
------------------------------------------------------------------------
 
A           ALPHA............  Ship.............  Name, call sign or
                                                   ship station
                                                   identity, andflag.
B           BRAVO............  Dates and time of  A 6 digit group giving
                                event.             day ofmonth (first
                                                   two digits), hours
                                                   and minutes (last
                                                   four digits). Ifother
                                                   than UTC state time
                                                   zone used.
C           CHARLIE..........  Position.........  A 4 digit group giving
                                                   latitude in
                                                   degreesand minutes
                                                   suffixed with N
                                                   (north) or S (south)
                                                   and a 5 digit
                                                   groupgiving longitude
                                                   in degrees and
                                                   minutes suffixed with
                                                   E (east) or W(west);
                                                   or.
D           DELTA............  Position.........  True bearing (first 3
                                                   digits) and
                                                   distance(state
                                                   distance) in nautical
                                                   miles from a clearly
                                                   identified
                                                   landmark(state
                                                   landmark).
E           ECHO.............  True course......  A 3 digit group.
F           FOXTROT..........  Speed in knots     A 3 digit group.
                                and tenths of
                                knots.
G           GOLF.............  Port of Departure  Name of last port of
                                                   call.
H           HOTEL............  Date, time and     Entry timeexpressed as
                                point of entry     in (B) and into the
                                system.            entry position
                                                   expressed as in (C)
                                                   or(D).
I           INDIA............  Destination and    Name of portand date
                                expected time of   time group expressed
                                arrival.           as in (B).
J           JULIET...........  Pilot............  State whether a deep
                                                   sea or local pilot is
                                                   onboard.
K           KILO.............  Date, time and     Exit timeexpressed as
                                point of exit      in (B) and exit
                                from system.       position expressed as
                                                   in (C) or (D).
L           LIMA.............  Route information  Intended track.
M           MIKE.............  Radio............  State in full names of
                                                   communicationsstation
                                                   s/frequencies
                                                   guarded.
N           NOVEMBER.........  Time of next       Date time group
                                report.            expressed as in(B).

[[Page 599]]

 
O           OSCAR............  Maximum present    4 digitgroup giving
                                static draught     meters and
                                in meters.         centimeters.
P           PAPA.............  Cargo on board...  Cargo and brief
                                                   details of any
                                                   dangerouscargoes as
                                                   well as harmful
                                                   substances and gases
                                                   that could
                                                   endangerpersons or
                                                   the environment.
Q           QUEBEC...........  Defects, damage,   Briefdetail of
                                deficiencies or    defects, damage,
                                limitations.       deficiencies or other
                                                   limitations.
R           ROMEO............  Description of     Briefdetails of type
                                pollution or       of pollution (oil,
                                dangerous goods    chemicals, etc) or
                                lost.              dangerous goodslost
                                                   overboard; position
                                                   expressed as in (C)
                                                   or (D).
S           SIERRA...........  Weather            Brief details of
                                conditions.        weather and
                                                   seaconditions
                                                   prevailing.
T           TANGO............  Ship's             Details of name
                                representative     andparticulars of
                                and/or owner.      ship's representative
                                                   and/or owner for
                                                   provision
                                                   ofinformation.
U           UNIFORM..........  Ship size and      Details of length,
                                type.              breadth,tonnage, and
                                                   type, etc., as
                                                   required.
V           VICTOR...........  Medical personnel  Doctor, physician's
                                                   assistant,nurse, no
                                                   medic.
W           WHISKEY..........  Total number of    State number.
                                persons on board.
X           XRAY.............  Miscellaneous....  Any other information
                                                   as appropriate.[i.e.,
                                                   a detailed
                                                   description of a
                                                   planned operation,
                                                   which mayinclude: its
                                                   duration; effective
                                                   area; any
                                                   restrictions to
                                                   navigation;notificati
                                                   on procedures for
                                                   approaching vessels;
                                                   in addition, for
                                                   atowing operation:
                                                   configuration, length
                                                   of the tow,
                                                   availablehorsepower,
                                                   etc.; for a dredge or
                                                   floating plant:
                                                   configuration
                                                   ofpipeline, mooring
                                                   configuration, number
                                                   of assist vessels,
                                                   etc.].
------------------------------------------------------------------------

    (2) Establish other means of reporting for those vessels unable 
toreport on the designated frequency; or
    (3) Require reports from a vessel in sufficient time to allowadvance 
vessel traffic planning.
    (b) All reports required by this part shall be made as soon as 
ispracticable on the frequency designated in Table 161.12(c) (VTS 
andVMRS Centers, Call Signs/MMSI, Designated Frequencies, and 
MonitoringAreas).
    (c) When not exchanging communications, a VMRS User must maintaina 
listening watch as described in Sec. 26.04(e) of thischapter on the 
frequency designated in Table 161.12(c) (VTS and VMRSCenters, Call 
Signs/MMSI, Designated Frequencies, and MonitoringAreas). In addition, 
the VMRS User must respond promptly when hailedand communicate in the 
English language.

    Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel16 
(156.800 MHz) is not required on vessels subject to the VesselBridge-to-
Bridge Radiotelephone Act and participating in a VesselTraffic Service 
(VTS) system when the watch is maintained on both thevessel bridge-to-
bridge frequency and a designated VTS frequency.

    (d) A vessel must report:
    (1) Any significant deviation from its Sailing Plan, as defined 
inSec. 161.19, or from previously reported information; or
    (2) Any intention to deviate from a VTS issued measure or 
vesseltraffic routing system.
    (e) When reports required by this part include time information,such 
information shall be given using the local time zone in effectand the 
24-hour military clock system.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byUSCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.19  Sailing Plan (SP).

    Unless otherwise stated, at least 15 minutes before navigating aVTS 
area, a vessel must report the:

[[Page 600]]

    (a) Vessel name and type;
    (b) Position;
    (c) Destination and ETA;
    (d) Intended route;
    (e) Time and point of entry; and
    (f) Dangerous cargo on board or in its tow, as defined inSec. 
160.203 of this chapter, and other required informationas set out in 
Sec. 160.211 and Sec. 160.213 ofthis chapter, if applicable.



Sec. 161.20  Position Report (PR).

    A vessel must report its name and position:
    (a) Upon point of entry into a VMRS area;
    (b) At designated reporting points as set forth in subpart C; or
    (c) When directed by the Center.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byUSCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.21  Automated reporting.

    (a) Unless otherwise directed, vessels equipped with an 
AutomaticIdentification System (AIS) are required to make continuous, 
allstations, AIS broadcasts, in lieu of voice Position Reports, to 
thoseCenters denoted in Table 161.12(c) of this part.
    (b) Should an AIS become non-operational, while or prior 
tonavigating a VMRS area, it should be restored to operating conditionas 
soon as possible, and, until restored a vessel must:
    (1) Notify the Center;
    (2) Make voice radio Position Reports at designated reportingpoints 
as required by Sec. 161.20(b) of this part; and
    (3) Make any other reports as directed by the Center.

[USCG-2003-14757, 68 FR 39366, July 1, 2003]



Sec. 161.22  Final Report (FR).

    A vessel must report its name and position:
    (a) On arrival at its destination; or
    (b) When leaving a VTS area.



Sec. 161.23  Reporting exemptions.

    (a) Unless otherwise directed, the following vessels are 
exemptedfrom providing Position and Final Reports due to the nature of 
theiroperation:
    (1) Vessels on a published schedule and route;
    (2) Vessels operating within an area of a radius of three 
nauticalmiles or less; or
    (3) Vessels escorting another vessel or assisting another vesselin 
maneuvering procedures.
    (b) A vessel described in paragraph (a) of this section must:
    (1) Provide a Sailing Plan at least 5 minutes but not more than 
15minutes before navigating within the VMRS area; and
    (2) If it departs from its promulgated schedule by more than 
15minutes or changes its limited operating area, make the 
establishedVMRS reports, or report as directed.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGD 97-023, 62 FR 
33364, June 19, 1997;USCG-2003-14757, 68 FR 39367, July 1, 2003]



  Subpart C_Vessel Traffic Service and Vessel MovementReporting System 
                       Areas and Reporting Points

    Note: All geographic coordinates contained in part 161(latitude and 
longitude) are expressed in North American Datum of 1983(NAD 83).



Sec. 161.25  Vessel Traffic Service New York Area.

    The area consists of the navigable waters of the Lower New 
YorkHarbor bounded on the east by a line drawn from Norton Point to 
BreezyPoint; on the south by a line connecting the entrance buoys at 
theAmbrose Channel, Swash Channel, and Sandy Hook Channel to Sandy 
HookPoint; and on the southeast including the waters of Sandy Hook 
Baysouth to a line drawn at latitude 40[deg]25[min] N.; then west 
intowaters of the Raritan Bay to the Raritan River Rail Road Bridge; 
andthen north including the waters of the Arthur Kill and Newark Bay 
tothe Lehigh Valley Draw Bridge at latitude 40[deg]41.9[min] N.; andthen 
east including the waters of the Kill Van Kull and Upper New YorkBay 
north to a line drawn east-west from the Holland Tunnel VentilatorShaft 
at latitude 40[deg]43.7[min] N., longitude 74[deg]01.6[min]W. in the 
Hudson River; and then continuing east including the watersof the East 
River to the Throgs Neck Bridge, excluding the HarlemRiver.

[[Page 601]]

    Note: Although mandatory participation in VTSNY islimited to the 
area within the navigable waters of the United States,VTSNY will provide 
services beyond those waters. Prospective users areencouraged to report 
beyond the area of required participation inorder to facilitate advance 
vessel traffic management in the VTS areaand to receive VTSNY advisories 
and/or assistance.

[CGD 92-052, 61 FR 45327, Aug. 29, 1996]



Sec. 161.30  Vessel Traffic Service Louisville.

    The VTS area consists of the navigable waters of the Ohio 
Riverbetween McAlpine Locks (Mile 606.8) and Twelve Mile Island (Mile 
593),only when the McAlpine upper pool gauge is at 13.0 feet or above.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 161.35  Vessel Traffic Service Houston/Galveston.

    (a) The VTS area consists of the following major waterways 
andportions of connecting waterways: Galveston Bay Entrance 
Channel;Outer Bar Channel; Inner Bar Channel; Bolivar Roads Channel; 
GalvestonChannel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 
to Mile352; Texas City Channel; Texas City Turning Basin; Texas City 
CanalChannel; Texas City Canal Turning Basin; Houston Ship Channel; 
BayportChannel; Bayport Turning Basin; Houston Turning Basin; and 
thefollowing precautionary areas associated with these waterways.
    (b) Precautionary areas.

        Table 161.35(b)--VTSHouston/Galveston Precautionary Areas
------------------------------------------------------------------------
                                                    Center point
   Precautionary area name       Radius   ------------------------------
                                 (yds.)       Latitude       Longitude
------------------------------------------------------------------------
Bolivar Roads................       4000   29[deg]20.9[mi  94[deg]47.0[m
                                            n] N            in] W
Red Fish Bar.................       4000   29[deg]29.8[mi  94[deg]51.9[m
                                            n] N            in] W
Bayport Channel..............       4000   29[deg]36.7[mi  94[deg]57.2[m
                                            n] N            in] W
Morgans Point................       2000   29[deg]41.0[mi  94[deg]59.0[m
                                            n] N            in] W
Upper San Jacinto Bay........       1000   29[deg]42.3[mi  95[deg]01.1[m
                                            n]N             in] W
Baytown......................       1000   29[deg]43.6[mi  95[deg]01.4[m
                                            n] N            in] W
Lynchburg....................       1000   29[deg]45.8[mi  95[deg]04.8[m
                                            n] N            in] W
Carpenters Bayou.............       1000   29[deg]45.3[mi  95[deg]05.6[m
                                            n] N            in] W
Jacintoport..................       1000   29[deg]44.8[mi  95[deg]06.0[m
                                            n] N            in] W
Greens Bayou.................       1000   29[deg]44.8[mi  95[deg]10.2[m
                                            n] N            in] W
Hunting Bayou................       1000   29[deg]44.3[mi  95[deg]12.1[m
                                            n] N            in] W
Sims Bayou...................       1000   29[deg]43.2[mi  95[deg]14.4[m
                                            n] N            in] W
Brady Island.................       1000   29[deg]43.5[mi  95[deg]16.4[m
                                            n] N            in] W
Buffalo Bayou................       1000   29[deg]45.0[mi  95[deg]17.3[m
                                            n] N            in] W
------------------------------------------------------------------------
Note: Each Precautionary Area encompasses a circular area ofthe radius
  denoted.

    (c) Reporting points.

[[Page 602]]



                                                 Table 161.35(C)--VTSHouston/Galveston Reporting Points
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Designator          Geographic name       Geographic description                     Latitude/ longitude                             Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................  Galveston Bay Entrance   Galveston Bay Entrance                    29[deg] 18.2[min] N; 94[deg]37.6[min] W
                      Channel.                 CHLighted Buoy (LB)
                                               ``1C''.
2..................  Galveston Bay Entrance   Galveston Bay Entrance                   29[deg] 20.6[min] N; 94[deg] 44.6[min] W
                      Channel.                 ChannelLB 11 and 12.
E..................  Bolivar Land Cut.......  Mile 349 Intracoastal                    29[deg] 22.5[min] N; 94[deg] 46.9[min] W  Tows entering HSC
                                               Waterway (ICW).                                                                    alsoreport at HSC LB
                                                                                                                                  25 & 26.
W..................  Pelican Cut............  Mile 351 ICW...........                   29[deg] 21.4[min] N; 94[deg]48.5[min] W  Tows entering HSC also
                                                                                                                                  report at HSC LB 25 &
                                                                                                                                  26.
G..................  Galveston Harbor.......  Galveston Channel Lt. 2                   29[deg] 20.2[min]N; 94[deg] 46.6[min] W  Coast Guard Base.
T..................  Texas City Channel.....  Texas City Channel Lt.                    29[deg]22.4[min] N; 94[deg] 50.9[min] W
                                               12.
X..................  Houston Ship Channel     Houston Ship                             29[deg] 22.2[min] N; 94[deg] 48.1[min] W  Towentering HSC from
                      ICW Intersection.        Channel(HSC) LB 25 and                                                             ICW or Texas Cut Only.
                                               26.
3..................  Lower Galveston Bay....  HSC Lt. 31 and LB 32...                   29[deg] 23.8[min]N; 94[deg] 48.9[min] W
4..................  Red Fish Bar...........  HSC Lt. 53 & 54........                   29[deg] 30.3[min] N;94[deg] 52.4[min] W
P..................  Bayport Ship Channel...  Bayport Ship Channel                     29[deg] 36.8[min] N; 94[deg] 59.5[min] W  Bayport Land Cut.
                                               Lt. 8 and9.
4A.................  Upper Galveston Bay....  HSC Lt. 69 and 70......                   29[deg] 34.7[min] N;94[deg] 55.8[min] W  Tows only.
5..................  Morgan's Point.........  HSC Lt. 91.............                   29[deg] 41.0[min] N; 94[deg]59.0[min] W
6..................  Exxon..................  HSC Lt. 109A...........                   29[deg] 43.5[min] N; 95[deg] 01.4[min]W
7..................  Lynchburg..............  Ferry crossing.........                   29[deg] 45.8[min] N; 95[deg]04.8[min] W
8..................  Shell Oil..............  Boggy Bayou............                   29[deg] 44.1[min] N; 95[deg]08.0[min] W
9..................  Greens Bayou...........  HSC Lt. 152............                   29[deg] 44.8[min] N; 95[deg]10.1[min] W
10.................  Hunting Bayou..........  Hunting Bayou Turning                     29[deg]44.4[min] N; 95[deg] 12.1[min] W
                                               Basin..
11.................  Lyondell...............  Sims Bayou Turning                        29[deg] 43.2[min] N;95[deg] 14.4[min] W
                                               Basin..
12.................  I-610 Bridge...........  I-610 Bridge...........                   29[deg] 43.5[min]N; 95[deg] 16.0[min] W
13.................  Buffalo Bayou..........  Houston Turning Basin..                   29[deg] 45.0[min] N;95[deg] 17.4[min] W
--------------------------------------------------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGD 95-033, 60 FR 
28331, May 31, 1995;USCG-2000-7223, 65 FR 40058, June 29, 2000;USCG-
2007-27887, 72 FR 45904, Aug. 16, 2007]

[[Page 603]]



Sec. 161.40  Vessel Traffic Service Berwick Bay.

    (a) The VTS area consists of the navigable waters of the 
followingsegments of waterways: the Intracoastal Waterway (ICW) Morgan 
City toPort Allen Alternate Route from Mile Marker 0 to Mile Marker 5; 
theICW from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 
102WHL; the Atchafalaya River Route from Mile Marker 113 to Mile 
Marker122; from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south 
onestatute mile along Bayou Shaffer; and from Berwick Lock northwest 
onestatute mile along the Lower Atchafalaya River.
    (b) VTS Special Area. The Berwick Bay VTS Special Area consists 
ofthose waters within a 1000 yard radius of the Southern PacificRailroad 
Bridge located at Mile .03 MC/PA.
    (c) Reporting Points.

                                Table 161.40(c)--VTSBerwick Bay Reporting Points
----------------------------------------------------------------------------------------------------------------
                                                          Geographic
           Designator               Geographic name       description     Latitude/longitude         Notes
----------------------------------------------------------------------------------------------------------------
1...............................  Stouts Pass.......  Stouts Point Light  29[deg]43[min]47[s
                                                       ``1'' Mile113-      ec] N
                                                       Atchafalaya River. 91[deg]13[min]25[s
                                                                           ec] W
2...............................  Berwick Lock......  Mile 1.9 MC/PA....  29[deg]43[min]10[s  If transiting the
                                                                           ec] N               Lock.
                                                                          91[deg]13[min]28[s
                                                                           ec] W
3...............................  Conrad's Point      Buoy ``1'' Mile     29[deg]42[min]32[s
                                   Junction.           1.5MC/PA.           ec] N
                                                                          91[deg]13[min]14[s
                                                                           ec] W
4...............................  Swift Ships Flat    Mile 3MC/PA.......  29[deg]43[min]26[s
                                   Lake Junction.                          ec] N
                                                                          91[deg]12[min]22[s
                                                                           ec] W
5...............................  South Pacific       Mile 0.3MC/PA.....  29[deg]41[min]34[s
                                   Railroad Bridge.                        ec] N
                                                                          91[deg]12[min]44[s
                                                                           ec] W
6...............................  20 Grant Point      Bayou Boeuf-        29[deg]41[min]18[s
                                   Junction.           Atchafalaya R.      ec] N
                                                       Mile 95.5ICW.      91[deg]12[min]36[s
                                                                           ec] W
7...............................  ICW...............  Overhead Power      29[deg]40[min]43[s
                                                       Cable Mile          ec] N
                                                       96.5ICW.           91[deg]13[min]18[s
                                                                           ec] W
8...............................  Wax Bayou Junction  Light ``A'' Mile    29[deg]39[min]29[s
                                                       98.2WICW.           ec] N
                                                                          91[deg]14[min]46[s
                                                                           ec] W
9...............................  Shaffer Junction..  ICW-Bayou Shaffer   29[deg]41[min]10[s
                                                       Mile 94.5ICW.       ec] N
                                                                          91[deg]11[min]38[s
                                                                           ec] W
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGD 95-033, 60 FR 
28332, May 31, 1995;USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 161.45  Vessel Traffic Service St. Marys River.

    (a) The VTS area consists of the navigable waters of the St. 
MarysRiver and lower Whitefish Bay from 45[deg]57[min] N. (De Tour 
ReefLight) to the south, to 46[deg]38.7[min] N. (Ile Parisienne Light)to 
the north, except the waters of the St. Marys Falls Canal, and tothe 
east along a line from La Pointe to Sims Point, withinPotagannissing Bay 
and Worsley Bay.
    (b) Reporting Points.

                              Table 161.45(b)--VTS St.Marys River Reporting Points
----------------------------------------------------------------------------------------------------------------
                                                          Geographic
           Designator               Geographic name       description     Latitude/longitude         Notes
----------------------------------------------------------------------------------------------------------------
1...............................  Ile Parisienne....  Ile Parisienne      46[deg]37.3[min]    Downbound Only.
                                                       Light.              N;84[deg]45.9[min
                                                                           ] W.
2...............................  Gros Cap Reef.....  Gros Cap Reefs      46[deg]30.6[min]    Upbound Only.
                                                       Light.              N;84[deg]37.1[min
                                                                           ] W.
3...............................  Round Island......  Round Island Light  46[deg]26.9[min]
                                                       32.                 N;84[deg]31.7[min
                                                                           ]W.
4...............................  Pointe Louise.....  Pointe Louise       46[deg]27.8[min]
                                                       Light.              N;84[deg]28.2[min
                                                                           ]W.
5*..............................  West End of Locks.  West Center         46[deg]30.2[min]    Upbound Only.
                                                       PierheadLight.      N;
                                                                           84[deg]22.2[min]
                                                                           W.
6...............................  East End of Locks.  East Center         46[deg]30.1[min]    Downbound Only.
                                                       PierheadLight.      N;
                                                                           84[deg]20.3[min]
                                                                           W.
7...............................  Mission Point.....  Light 99..........  46[deg]29.2[min]
                                                                           N;84[deg]18.1[min
                                                                           ]W.
8...............................  Six Mile Point....  Six Mile Point....  46[deg]26.1[min]
                                                                           N;84[deg]15.4[min
                                                                           ]W.
9...............................  Ninemile Point....  Light 80..........  46[deg]23.5[min]
                                                                           N;84[deg]14.1[min
                                                                           ]W.
10..............................  West Neebish        Light 29..........  46[deg]16.9[min]    Downbound Only.
                                   Channel.                                N;84[deg]12.5[min
                                                                           ] W.
11..............................  Munuscong Lake      Lighted             46[deg]10.8[min]
                                   Junction.           JunctionBuoy.       N;
                                                                           84[deg]05.6[min]W
                                                                           .
12..............................  De Tour Reef......  De Tour Reef Light  46[deg]56.9[min]    ..................
                                                                           N;83[deg]53.7[min
                                                                           ] W.
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGD 95-033, 60 FR 
28332, May 31, 1995;USCG-1998-3799, 63 FR 35531, June 30, 1998]

[[Page 604]]



Sec. 161.50  Vessel Traffic Service San Francisco.

    The VTS area consists of all the navigable waters of San 
FranciscoBay Region south of the Mare Island Causeway Bridge and the 
PetalumaRiver Entrance Channel Daybeacon 19 and Petaluma River Entrace 
ChannelLight 20 and north of the Dumbarton Bridge; its seaward 
approacheswithin a 38 nautical mile radius of Mount Tamalpais(37-
55.8[min] N., 122-34.6[min] W.); and its navigabletributaries as far 
east as the port of Stockton on the San JoaquinRiver, as far north as 
the port of Sacramento on the Sacramento River.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGD 95-033, 60 FR 
28332, May 31, 1995]



Sec. 161.55  Vessel Traffic Service Puget Sound and the Cooperative VesselTraffic Service for the Juan de Fuca Region.

    The Vessel Traffic Service Puget Sound area consists of thenavigable 
waters of the United States bounded by a line drawn from theWashington 
State coastline at 48[deg]23[min]08[sec] N.,124[deg]43[min]37[sec] W. on 
Cape Flattery to the Cape FlatteryLight at 48[deg]23[min]30[sec] N., 
124[deg]44[min]12[sec] W. onTatoosh Island, due west to the U.S. 
Territorial Sea Boundary; thencenorthward along the U.S. Territorial Sea 
Boundary to its intersectionwith the U.S./Canada International Boundary; 
thence east along theU.S./Canada International Boundary through the 
waters known as theStrait of Juan de Fuca, Haro Strait, Boundary Pass, 
and the Strait ofGeorgia to the Washington State coastline at 
49[deg]00[min]06[sec]N., 122[deg]45[min]18[sec] W. (International 
Boundary Range C RearLight). This area includes: Puget Sound, Hood 
Canal, Possession Sound,the San Juan Island Archipelago, Rosario Strait, 
Guemes Channel,Bellingham Bay, the U.S. waters of the Strait of Juan de 
Fuca and theStrait of Georgia, and all waters adjacent to the above.
    (a) Vessel Traffic Service Puget Sound participates in aU.S./
Canadian Cooperative Vessel Traffic Service (CVTS) to jointlymanage 
vessel traffic in the Juan de Fuca Region. The CVTS for theJuan de Fuca 
Region consists of all waters of the Strait of Juan deFuca and its 
offshore approaches, southern Georgia Strait, the Gulfand San Juan 
Archipelagos, Rosario Strait, Boundary Pass and HaroStrait, bounded on 
the northwest by 48[deg]35[min]45[sec] N.; andon the southwest by 
48[deg]23[min]30[sec] N.; and on the west bythe rhumb line joining 
48[deg]35[min]45[sec] N.,124[deg]47[min]30[sec] W. with 
48[deg]23[min]30[sec] N.,124[deg]48[min]37[sec] W.; and on the northeast 
in the Strait ofGeorgia, by a line drawn along 49[deg] N. from Vancouver 
Island toSemiahmoo Bay; and on the southeast, by a line drawn from 
McCurdyPoint on the Quimper Peninsula to Point Partridge on Whidbey 
Island.Canadian and United States Vessel Traffic Centers (Tofino, 
B.C.,Canada, Vancouver, BC, Canada and Seattle, WA) manage traffic 
withinthe CVTS area irrespective of the International Boundary.
    (b) VTS Special Areas. (1) The Rosario Strait VTS Special 
Areaconsists of those waters bounded to the south by the center 
ofPrecautionary Area ``RB'' (a circular area of 2,500 yardsradius 
centered at 48[deg]26[min]24[sec] N.,122[deg]45[min]12[sec] W.), and to 
the north by the center ofPrecautionary Area ``C'' (a circular area of 
2,500 yardsradius centered at 48[deg]40[min]34[sec] 
N.,122[deg]42[min]44[sec] W.; Lighted Buoy ``C''); and
    Note: The center of precautionary area ``RB'' isnot marked by a 
buoy. All precautionary areas are depicted on NationalOceanic and 
Atmospheric Administration (NOAA) nautical charts.
    (2) The Guemes Channel VTS Special Area consists of those 
watersbounded to the west by Shannon Point on Fidalgo Island and to the 
eastby Southeast Point on Guemes Island.
    (c) Additional VTS Special Area Operating Requirements. Thefollowing 
additional requirements are applicable in the Rosario Straitand Guemes 
Channel VTS Special Areas:
    (1) A vessel engaged in towing shall not impede the passage of 
avessel of 40,000 dead weight tons or more.
    (2) A vessel of less than 40,000 dead weight tons is exempt fromthe 
provision set forth in Sec. 161.13(b)(1) of this part.
    (3) A vessel of less than 100 meters in length is exempt from 
theprovisions set forth in Sec. 161.13(b)(3) of this part.Approval will 
not be granted for:
    (i) A vessel of 100 meters or more in length to meet or overtake;or 
cross or operate within 2,000 yards (except when

[[Page 605]]

crossingastern) of a vessel of 40,000 dead weight tons or more; or
    (ii) A vessel of 40,000 dead weight tons or more to meet orovertake; 
or cross or operate within 2,000 yards (except when crossingastern) of a 
vessel of 100 meters or more in length.
    (d) Reporting Point. Inbound vessels in the Strait of Juan de 
Fucaupon crossing 124-W.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byUSCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 161.60  Vessel Traffic Service Prince William Sound.

    (a) The VTS area consists of the navigable waters of the 
UnitedStates north of a line drawn from Cape Hinchinbrook Light to 
SchoonerRock Light, comprising that portion of Prince William Sound 
between146[deg]30[min] W. and 147[deg]20[min] W. and includes Valdez 
Arm,Valdez Narrows and Port Valdez.
    (b) The Valdez Arm VTS Special Area consists of the waters of 
theValdez Arm Traffic Separation Scheme (described inSec. 167.1703 of 
this chapter); the waters northeast of aline drawn from shoreline to 
shoreline through the points60[deg]58.04[min] N, 146[deg]46.52[min] W 
and 60[deg]58.93[min]N, 146[deg]48.86[min] W; and southwest of a line 
bearing 307[deg]True from Tongue Point at 61[deg]02.10[min] N, 
146[deg]40.00[min]W.
    (c) The Valdez Narrows VTS Special Area consists of those watersof 
Valdez Arm, Valdez Narrows, and Port Valdez northeast of a linebearing 
307[deg] True from Tongue Point at 61[deg]02[min]06[sec]146[deg]40[min] 
W.; and southwest of a line bearing 307[deg] Truefrom Entrance Island 
Light at 61[deg]05[min]06[sec] N.,146[deg]36[min]42[sec] W.
    (d) Additional VTS Special Area Operating Requirements. Thefollowing 
additional requirements are applicable in the Valdez NarrowsVTS Special 
Area:
    (1) No VMRS User shall proceed north of 61[deg] N. without 
priorapproval of the VTS.
    (2) For a vessel listed in paragraph (c)(3) of thissection--
    (i) Approval to enter this area will not be granted to a vesselwhen 
a tank vessel of more than 20,000 deadweight tons is navigatingtherein;
    (ii) A northbound vessel shall remain south of 61[deg] N. untilthe 
VTS has granted permission to proceed; and
    (iii) A southbound vessel shall remain in Port Valdez east 
of146[deg]35[min] W. and north of 61[deg]06[min] N. until the VTShas 
granted permission to proceed.
    (3) Paragraph (c)(2) of this section applies to--
    (i) A vessel of 1600 gross tons or more; and
    (ii) A towing vessel of 8 meters or more in length, except for 
avessel performing duties as an escort vessel as defined in 33 CFR 
Part168.
    (e) Reporting Points.

                            Table 161.60(d)--VTS PrinceWilliam Sound Reporting Points
----------------------------------------------------------------------------------------------------------------
    Designator         Geographic name     Geographic description    Latitude/longitude            Notes
----------------------------------------------------------------------------------------------------------------
1A...............  Cape Hinchinbrook.....  Cape Hinchinbrook.....  60[deg]16[min]18[sec]  Northbound Only.
                                                                    N;
                                                                    146[deg]45[min]30[se
                                                                    c] W.
1B...............  Schooner Rock.........  Schooner Rock.........  60[deg]18[min]42[sec]  Southbound Only.
                                                                    N;146[deg]51[min]36[
                                                                    sec] W.
2A...............  Naked Island..........  Naked Island..........  60[deg]40[min]00[sec]  Northbound Only.
                                                                    N;147[deg]01[min]24[
                                                                    sec] W.
2B...............  Naked Island..........  Naked Island..........  60[deg]40[min]00[sec]  Southbound Only.
                                                                    N;147[deg]05[min]00[
                                                                    sec] W.
3A...............  Bligh Reef............  Bligh Reef Light        60[deg]50[min]36[sec]  NorthboundOnly.
                                            (Pilot Embark).         N;
                                                                    146[deg]57[min]30[se
                                                                    c] W.
3B...............  Bligh Reef............  Bligh Reef Light        60[deg]51[min]00[sec]  SouthboundOnly.
                                            (Pilot Disembark).      N;
                                                                    147[deg]01[min]24[se
                                                                    c] W.
4A...............  Rocky Point...........  Rocky Point...........  60[deg]57[min]48[sec]  Northbound Only.
                                                                    N;146[deg]47[min]30[
                                                                    sec] W.
4B...............  Rocky Point...........  Rocky Point...........  60[deg]57[min]48[sec]  Southbound Only.
                                                                    N;146[deg]50[min]00[
                                                                    sec] W.
5................  Entrance Island.......  Entrance IslandLight..  61[deg]05[min]24[sec]
                                                                    N;
                                                                    146[deg]37[min]30[se
                                                                    c] W..
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended byCGD 95-033, 60 FR 
28332, May 31, 1995;USCG-1998-3799, 63 FR 35532, June 30, 1998;USCG-
2001-10254, 67 FR 53742, Aug. 19, 2002]



PART 162_INLAND WATERWAYS NAVIGATION REGULATIONS--Table of Contents




Sec.
162.1 General.
162.15 Manhasset Bay, N.Y.; seaplane restricted area.
162.20 Flushing Bay near La Guardia Airport, Flushing, N.Y.;restricted 
          area.
162.30 Channel of Tuckerton Creek, N.J.; navigation.
162.35 Channel of Christina River, Del.; navigation.

[[Page 606]]

162.40 Inland waterway from Delaware River toChesapeake Bay, Del. and 
          Md. (Chesapeake and Delaware Canal).
162.65 All waterways tributary to the Atlantic Ocean southof Chesapeake 
          Bay and all waterways tributary to the Gulf of Mexicoeast and 
          south of St. Marks, Fla.
162.75 All waterways tributary to the Gulf of Mexico (exceptthe 
          Mississippi River, its tributaries, South and Southwest Passes 
          andthe Atchafalaya River) from St. Marks, Fla., to the Rio 
          Grande.
162.80 Mississippi River below mouth of Ohio River,including South and 
          Southwest Passes.
162.85 Yazoo Diversion Canal, Vicksburg, Miss., from itsmouth at 
          Kleinston Landing to Fisher Street; navigation.
162.90 White River, Arkansas Post Canal, Arkansas River, andVerdigris 
          River between Mississippi River, Ark., and Catoosa, Okla.;use, 
          administration, and navigation.
162.100 Ohio River at Louisville, KY.
162.105 Missouri River; administration and navigation.
162.110 Duluth-Superior Harbor, Minnesota and Wisconsin.
162.115 Keweenaw Waterway, Mich.
162.117 St. Marys River, Sault Ste. Marie, Michigan.
162.120 Harbors on Lake Michigan.
162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.
162.130 Connecting waters from Lake Huron to Lake Erie;general rules.
162.132 Connecting waters from Lake Huron to Lake Erie;communications 
          rules.
162.134 Connecting waters from Lake Huron to Lake Erie;traffic rules.
162.136 Connecting waters from Lake Huron to Lake Erie;anchorage 
          grounds.
162.138 Connecting waters from Lake Huron to Lake Erie;speed rules.
162.140 Connecting waters from Lake Huron to Lake Erie;miscellaneous 
          rules.
162.145 Monroe Harbor, Mich.
162.150 Maumee Bay and River, Ohio.
162.155 Sandusky and Huron Harbors, Ohio.
162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula,and Conneaut 
          Harbors, Ohio.
162.165 Buffalo and Rochester Harbors, New York.
162.175 Black Rock Canal and Lock at Buffalo, New York.
162.195 Santa Monica Bay, Calif.; restricted area.
162.200 Marina del Ray, Calif.; restricted area.
162.205 Suisun Bay, San Joaquin River Sacramento River, andconnecting 
          waters, CA.
162.210 Lake Tahoe, Calif.; restricted areas along southshore.
162.215 Lake Tahoe, Nev.; restricted area adjacent to NevadaBeach.
162.220 Hoover Dam, Lake Mead, and Lake Mohave (ColoradoRiver), Ariz.-
          Nev.
162.225 Columbia and Willamette Rivers, Washington andOregon; 
          administration and navigation.
162.230 Columbia River, Wash.
162.235 Puget Sound Area, Wash.
162.240 Tongass Narrows, Alaska; navigation.
162.245 Kenai River, Kenai, Alaska; use, administration, andnavigation.
162.250 Port Alexander, Alaska; speed of vessels.
162.255 Wrangell Narrows, Alaska; use, administration, andnavigation.
162.260 Channel leading to San Juan Harbor, P.R.; use,administration, 
          and navigation.
162.270 Restricted areas in vicinity of MaritimeAdministration Reserve 
          Fleets.

    Authority: 33 U.S.C. 1231; Department of HomelandSecurity Delegation 
No. 0170.1, para. 2(70).

    Source: CGD 75-082, 42 FR 51759, Sept. 29, 1977,unless otherwise 
noted.



Sec. 162.1  General.

    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 33811, Sept. 8, 1987]



Sec. 162.15  Manhasset Bay, N.Y.; seaplane restricted area.

    (a) The restricted area. An area in Manhasset Bay betweenthe shore 
at Manorhaven on the north and the southerly limit line ofthe special 
anchorage area in Manhasset Bay, west area at Manorhaven(described in 
Sec. 110.60 of this chapter), on the south;its axis being a line 
bearing 166[deg]50[min] true from latitude40[deg]50[min]17.337 N, 
longitude 73[deg]43[min]03.877 W, whichpoint is on the south side of 
Orchard Beach Boulevard at Manorhaven;and being 100 feet wide for a 
distance of 380 feet in a southerlydirection from the south side of 
Orchard Beach Boulevard, and thence

[[Page 607]]

flaring to a width of 300 feet at the southerly limit line.
    (b) The regulations. (1) Vessels shall not anchor or moorwithin the 
restricted area.
    (2) All vessels traversing the area shall pass directly 
throughwithout unnecessary delay, and shall give seaplanes the right-of-
wayat all times.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byUSCG-2008-0179, 
73 FR 35016, June 19, 2008]



Sec. 162.20  Flushing Bay near La Guardia Airport, Flushing, N.Y.; restrictedarea.

    (a) The area. An area in the main channel in Flushing Bayextending 
for a distance of 300 feet on either side of the extendedcenter line of 
Runway No. 13-31 at La Guardia Airport.
    (b) The regulations. (1) All vessels traversing in the areashall 
pass directly through without unnecessary delay.
    (2) No vessels having a height of more than 35 feet with referenceto 
the plane of mean high water shall enter or pass through the 
areawhenever visibility is less than one mile.



Sec. 162.30  Channel of Tuckerton Creek, N.J.; navigation.

    (a) Power boats or other vessels propelled by machinery shall 
notproceed at any time within the limits of these waters at a 
greaterspeed than 8 statute miles per hour.



Sec. 162.35  Channel of Christina River, Del.; navigation.

    (a) That vessels of over 20 tons capacity, propelled by 
machinery,shall not proceed at any time within the limits of these 
waters at agreater speed than 8 statute miles per hour.



Sec. 162.40  Inland waterway from Delaware River to Chesapeake Bay, Del. andMd. (Chesapeake and Delaware Canal).

    (a) Applicability. The regulations in this section areapplicable to 
that part of the inland waterway from Delaware River toChesapeake Bay, 
Del. and Md., between Reedy Point, Delaware River, andOld Town Point 
Wharf, Elk River.
    (b) Speed. No vessel in the waterway shall be raced orcrowded 
alongside another vessel. Vessels of all types, includingpleasure craft, 
are required to travel at all times at a safe speedthroughout the canal 
and its approaches so as to avoid damage bysuction or wave wash to 
wharves, landings, riprap protection, or otherboats, or injury to 
persons. Pilots and vessel operators transitingthe canal and its 
approaches are warned that violation of this rulemay result in having 
their privilege to transit the canal suspended.Passages of vessels 
through the canal will be monitored and specificcases will be 
investigated where damage by suction or wave wash doesoccur. Owners and 
operators of yachts, motorboats, rowboats and othercraft are cautioned 
that large deep draft ocean-going vessels andother large commercial 
vessels ply the canal, and such owners andoperators should be 
particularly careful to moor or anchor well awayfrom the main ship 
channels, with moorings and lines which aresufficient and proper.
    (c) Right-of-way. All vessels proceeding with the currentshall have 
the right-of-way over those proceeding against the current.Large vessels 
or tows must not overtake and attempt to pass otherlarge vessels or tows 
in the waterway. All small pleasure craft shallrelinquish the right-of-
way to deeper draft vessels, which have alimited maneuvering ability due 
to their draft and size.
    (d) Stopping in waterway. Vessels will not be permitted tostop or 
anchor in the ship channel.
    (e) Water skiing. Water skiing in the waterway is prohibitedbetween 
Reedy Point and Welch Point.
    (f) Sailboats. Transiting the canal by vessels under sail isnot 
permitted between Reedy Point and Welch Point.
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.



Sec. 162.65  All waterways tributary to the Atlantic Ocean south of ChesapeakeBay and all waterways tributary to the Gulf of Mexico east and southof St. Marks, 
          Fla.

    (a) Description. This section applies to the following:
    (1) Waterways. All navigable waters of the United States,natural or 
artificial, including bays, lakes, sounds, rivers, creeks,intracoastal 
waterways, as well

[[Page 608]]

as canals and channels of alltypes, which are tributary to or connected 
by other waterways with theAtlantic Ocean south of Chesapeake Bay or 
with the Gulf of Mexico eastand south of St. Marks, Florida.
    (2) United States property. All river and harbor lands ownedby the 
United States in or along the waterways described in paragraph(a)(1) of 
this paragraph, including lock sites and all structuresthereon, other 
sites for Government structures and for theaccommodation and use of 
employees of the United States, and rights ofway and spoil disposal 
areas to the extent of Federal interesttherein.
    (3) Vessels and rafts. The term ``vessel'' asused in this section 
includes all floating things moved over thesewaterways other than rafts.
    (b) Waterways--(1) Fairway. A clear channelshall at all times be 
left open to permit free and unobstructednavigation by all types of 
vessels and rafts that normally use thevarious waterways or sections 
thereof. The District Commander mayspecify the width of the fairway 
required in the various waterwaysunder his charge.
    (2) Stoppage in waterway, anchorage or mooring. (i) Novessels or 
rafts shall anchor or moor in any of the land cuts or othernarrow parts 
of the waterway, except in case of an emergency. Wheneverit becomes 
necessary for a vessel or raft to stop in any such portionsof the 
waterway it shall be securely fastened to one bank and as closeto the 
bank as possible. This shall be done only at such a place andunder such 
conditions as will not obstruct or prevent the passage ofother vessels 
or craft. Stoppages shall be only for such periods asmay be necessary.
    (ii) No vessel or raft will be allowed to use any portion of 
thefairway as a mooring place except temporarily as authorized 
abovewithout the written permission from the District Commander.
    (iii) When tied up, all vessels must be moored by bow and 
sternlines. Rafts and tows shall be secured at sufficiently close 
intervalsto insure their not being drawn away from the bank by winds, 
currentsor the suction of passing vessels. Tow lines shall be shortened 
sothat the different parts of the tow shall be as close together 
aspossible. In narrow sections, no vessel or raft shall be tied 
abreastof another.
    (iv) Lights shall be displayed in accordance with provisions ofthe 
Navigation Rules, International-Inland, Commandant InstructionM16672.2 
(series).
    (v) No vessel, even if fastened to the bank as prescribed 
inparagraph (b)(2)(i) of this section, shall be left without asufficient 
crew to care for it properly.
    (vi) Vessels will not be permitted to load or unload in any of 
theland cuts except as a regular established landing or wharf 
withoutwritten permission secured in advance from the District 
Commander.
    (vii) No vessel, regardless of size, shall anchor in a 
dredgedchannel or narrow portion of a waterway for the purpose of 
fishing, ifnavigation is obstructed, thereby.
    (viii) Except in cases of emergency the dropping of anchors,weights, 
or other ground tackle, within areas occupied by submarinecable or pipe 
crossings, is prohibited. Such crossings will ordinarilybe marked by 
signboards on each bank of the shore or indicated oncoast charts.
    (3) Speed. (i) Vessels shall proceed at a speed which willnot 
endanger other vessels or structures and will not interfere withany work 
in progress incident to maintaining, improving, surveying ormarking the 
channel.
    (ii) Official signs indicating limiting speeds through 
criticalportions of the waterways shall be strictly obeyed.
    (iii) Vessels approaching and passing through a bridge shall 
sogovern their speed as to insure passage through the bridge 
withoutdamage to the bridge or its fenders.
    (4) Assembly and handling of tows. (i) All vessels drawingtows and 
equipped with rudders shall use two tow lines or a bridle andshorten 
them to the greatest possible extent so as to have fullcontrol at all 
times. The various parts of a tow shall be securelyassembled with the 
individual units connected by lines as short aspracticable. If 
necessary, as in the case of lengthy or cumbersometows or tows in 
restricted channels, the District Commander mayrequire that tows be 
broken up and

[[Page 609]]

may require the installationof a rudder, drag or other approved steering 
device on the tow inorder to avoid obstructing navigation or damaging 
the property ofothers, including aids to navigation maintained by the 
United Statesor under its authorization, by collision or otherwise.
    (ii) No tow shall be drawn by a vessel that has insufficient poweror 
crew to permit ready maneuverability and safe handling.
    (iii) Tows desiring to pass a bridge shall approach the openingalong 
the axis of the channel so as to pass through without danger ofstriking 
the bridge or its fenders. No vessel or tow shall navigatethrough a 
drawbridge until the movable span is fully opened.
    (iv) In the event that it is evident to the master of a towingvessel 
that a tow cannot be safely handled through a bridge, it willbe brought 
to anchor and the towed vessels will be taken through thebridge in small 
units, or singly if necessary, or the tow will waituntil navigation 
conditions have improved to such an extent that thetow can pass through 
the bridge without damage.
    (5) Projections from vessels. No vessel carrying a deck loadwhich 
overhangs or projects over the side of said vessel, or whoserigging 
projects over the side of the vessel so as to endanger passingvessels, 
wharves or other property, will enter or pass through any ofthe narrow 
parts of the waterway.
    (6) Meeting and passing. Vessels, on meeting or overtaking,shall 
give the proper signals and pass in accordance with theNavigation Rules, 
International-Inland, Commandant InstructionM16672.2 (series). Rafts 
shall give to vessels the side demanded byproper signal. All vessels 
approaching dredges or other plant engagedon improvements to a waterway, 
shall give the signal for passing andslow down sufficiently to stop if 
so ordered or if no answering signalis received. On receiving the 
answering signal, they shall thenproceed to pass at a speed sufficiently 
slow to insure safenavigation.
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 93-072, 59 FR 
39963, Aug. 5, 1994;USCG-2000-7223, 65 FR 40058, June 29, 2000]



Sec. 162.75  All waterways tributary to the Gulf of Mexico (except theMississippi River, its tributaries, South and Southwest Passes andAtchafalaya River) from 
          St. Marks, Fla., to the Rio Grande.

    (a) The regulations in this section shall apply to:
    (1) Waterways. All navigable waters of the U.S. tributary toor 
connected by other waterways with the Gulf of Mexico between St.Marks, 
Fla., and the Rio Grande, Tex. (both inclusive), and the 
GulfIntracoastal Waterway; except the Mississippi River, its 
tributaries,South and Southwest Passes, and the Atchafalaya River above 
itsjunction with the Morgan City-Port Allen Route.
    (2) Bridges, wharves, and other structures. All bridges,wharves, and 
other structures in or over these waterways.
    (3) Vessels. The term ``vessels'' as used inthis section includes 
all floating craft other than rafts.
    (b) Waterways:
    (1) A clear channel shall at all times be left open to permit 
freeand unobstructed navigation by all types of vessels and tows 
normallyusing the various waterways covered by the regulations of this 
section
    (2) Fairway: The District Commander may specify the width of 
thefairway required in the various waterways under his charge.
    (3) Anchoring or mooring:
    (i) Vessels or tows shall not anchor or moor in any of the landcuts 
or other narrow parts of the waterway, except in an emergency, orwith 
permission of the District Commander. Whenever it becomesnecessary for a 
vessel or tow to stop in any such portions of thewaterway, it shall be 
securely fastened to one bank and as close tothe bank as possible. This 
shall be done only at such a place andunder such conditions as will not 
obstruct or prevent the passage ofother vessels or tows. Stoppages shall 
be only for such periods as maybe necessary.

[[Page 610]]

    (ii) When tied up individually, all vessels and tows shall bemoored 
by bow and stern lines. Tows shall be secured at sufficientlyfrequent 
intervals to insure their not being drawn away form the bankby winds, 
currents, or the suction of passing vessels. Lines shall beshortened so 
that the various barges in a tow will be as closetogether as possible.
    (iii) Lights shall be displayed in accordance with provisions ofthe 
Navigation Rules, International-Inland, Commandant InstructionM16672.2 
(series).
    (iv) Whenever any vessel or tow is moored to the bank 
(paragraph(b)(3)(i) of this section) at least one crew member shall 
alwaysremain on board to see that proper signals are displayed and that 
thevessel or tow is properly moored at all times.
    (v) No vessel, regardless of size, shall anchor in a dredgedchannel 
or narrow portion of a waterway for the purpose of fishing ifnavigation 
is obstructed thereby.
    (4) Speed: Speeding in narrow sections is prohibited. Officialsigns 
indicating limited speeds shall be obeyed. Vessels shall reducespeed 
sufficiently to prevent damage when passing other vessels orstructures 
in or along the waterway.
    (5) Size, assembly, and handling of tows:
    (i) On waterways 150 feet wide or less, tows which are longer 
than1,180 feet, including the towing vessel, but excluding the length 
ofthe hawser, or wider than one-half of the bottom width of the 
channelor 55 feet, whichever is less will not be allowed, except when 
theDistrict Commander has given special permission or the waterway 
hasbeen exempted from these restrictions by the District 
Commander.Before entering any narrow section of the Gulf Intracoastal 
Waterway,tows in excess of one-half the channel width, or 55 feet, will 
berequired to stand by until tows which are less than one-half 
thechannel width or 55 feet wide have cleared the channel. When 
passingis necessary in narrow channels, overwidth tows shall yield to 
themaximum. Separate permission must be received from the 
DistrictCommander for each overlength or overwidth movement. In 
addition, thefollowing exceptions are allowed:
    (ii) Gulf Intracoastal Waterway--Between mile 6.2 EHL (InnerHarbor 
Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet inwidth will be 
allowed.
    (iii) Gulf Intercoastal Waterway--Between mile 33.6 EHL andthe 
Mobile Bay Ship Channel, tows of 108 feet in width will be allowedif 
under 750 feet in length including the towboat but excluding thelength 
of the hawser.
    (iv) Gulf Intracoastal Waterway--Mobile Bay Ship Channel toSt. 
Marks, Fla., for tows made up of empty barges on the off orshallow side, 
a width of 75 feet will be allowed.
    (v) All vessels pulling tows not equipped with rudders inrestricted 
channels and land cuts shall use two towlines, or a bridleon one 
towline, shortened as much as safety of the towing vesselpermits, so as 
to have maximum control at all times. The various partsof a tow shall be 
securely assembled with the individual unitsconnected by lines as short 
as practicable. In open water, thetowlines and fastenings between barges 
may be lengthened so as toaccommodate the wave surge. In the case of 
lengthy or cumbersome tows,or tows in restricted channels, the District 
Commander may requirethat tows be broken up, and may require the 
installation of a rudderor other approved steering device on the tow in 
order to avoidobstructing navigation or damaging the property of others. 
Pushingbarges with towing vessel astern, towing barges with towing 
vesselalongside, or pushing and pulling barges with units of the tow 
made upboth ahead and astern of the towing vessel are permissible 
providedthat adequate power is employed to keep the tows under full 
control atall times. No tow shall be drawn by a vessel that has 
insufficientpower or crew to permit ready maneuverability and safe 
handling.
    (vi) All tows navigating the Pass Manchac bridges in Louisiana 
arelimited to no more than two barges, not to exceed a combined 
towlength of 400 feet (excluding the towboat). Vessel operators for 
towsexceeding these limits must request and receive permission from 
theCOTP New Orleans prior to navigating the bridges. Requests

[[Page 611]]

shouldbe made by telephoning the COTP at 504-846-5923. Anydecision made 
by the COTP is final agency action.
    (6) Projections from vessels: Vessels or tows carrying a deck 
loadwhich overhangs or projects over the side, or whose rigging 
projectsover the side, so as to endanger passing vessels, wharves, or 
otherproperty, shall not enter or pass through any of the narrow parts 
ofthe waterway without prior approval of the District Commander.
    (7) Meeting and passing: Passing vessels shall give the 
propersignals and pass in accordance with the International Rules, 
theNavigation Rules, International-Inland, Commandant 
InstructionM16672.2 (Series), where applicable. At certain intersections 
wherestrong currents may be encountered, sailing directions may be 
issuedthrough navigation bulletins or signs posted on each side of 
theintersections.
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 78-050, 45 FR 
43167, June 26, 1980;USCG-2000-7223, 65 FR 40058, June 29, 2000;USCG-
2008-0179, 73 FR 35016, June 19, 2008]



Sec. 162.80  Mississippi River below mouth of Ohio River, including South andSouthwest passes.

    (a) Mooring on the Mississippi River between miles 311.5 AHPand 
340.0 AHP. (1) No vessel or craft shall moor along either bankof the 
Mississippi River between miles 311.5 AHP and mile 340.0 AHPexcept in 
case of an emergency, pursuant to an approved navigationpermit, or as 
authorized by the District Commander. Vessels may bemoored any place 
outside the navigation channel in this reach in caseof an emergency and 
then for only the minimum time required toterminate the emergency. When 
so moored, all vessels shall be securelytied with bow and stern lines of 
sufficient strength and fastenings towithstand currents, winds, wave 
action, suction from passing vesselsor any other forces which might 
cause the vessels to break theirmoorings. When vessels are so moored, a 
guard shall be on board at alltimes to ensure that proper signals are 
displayed and that the vesselsare securely and adequately moored.
    (2) Vessels may be moored any time at facilities constructed 
inaccordance with an approved navigation permit or as authorized by 
theDistrict Commander. When so moored, each vessel shall have 
sufficientfastenings to prevent the vessels from breaking loose by 
wind,current, wave action, suction from passing vessels or any other 
forceswhich might cause the vessel to break its mooring. The number 
ofvessels in one fleet and the width of the fleet of vessels tiedabreast 
shall not extend into the fairway or be greater than allowedunder the 
permit.
    (3) Mariners should report immediately by radio or fastestavailable 
means to the lockmaster at Old River Lock or to anygovernment patrol or 
survey boat in the vicinity any emergency mooringor vessels drifting 
uncontrolled within the area described inparagraph (a)(1) of this 
section. It is the responsibility and duty ofthe master of a towing 
vessel releasing or mooring a vessel in thisreach of the Mississippi 
River to report such action immediately.
    (b) Mooring on Mississippi River below Baton Rouge, La.,including 
South and Southwest Passes. (1) When tied up individuallyor in fleets, 
vessels shall be moored with sufficient lines and shorefastenings to 
insure their remaining in place and withstanding theaction of winds, 
currents and the suction of passing vessels.
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.

(Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. 471); Sec. 6(g)(1)(A) 80 
Stat 937, (49 U.S.C. 1655(g)(1)(A); Sec. 12, 92 Stat. 1471,(33 U.S.C. 
1231); 49 CFR 1.46 (c)(1) and (n)(4))

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 77-028, 46 FR 
49851, Oct. 8, 1981; CGD8 87-09, 53 FR15555, May 2, 1988]



Sec. 162.85  Yazoo Diversion Canal, Vicksburg, Miss., from its mouth atKleinston Landing to Fisher Street; navigation.

    (a) Speed. Excessive speeding is prohibited. A vessel shallreduce 
its speed sufficiently to prevent any damage when approachinganother 
vessel in motion or tied up, a wharf or other

[[Page 612]]

structure,works under construction, plant engaged in river and 
harborimprovement, levees, floodwalls withstanding floodwaters, 
buildingssubmerged or partially submerged by high waters, or any 
otherstructure or improvement likely to be damaged by collision, 
suction,or wave action.
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.



Sec. 162.90  White River, Arkansas Post Canal, Arkansas River, and VerdigrisRiver between Mississippi River, Ark., and Catoosa, Okla.; use,administration, and 
          navigation.

    (a) The regulations in this section shall apply to:
    (1) Waterways. White River between Mississippi River andArkansas 
Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas Riverbetween 
Arkansas Post Canal, Ark., and Verdigris River, Okla.;Verdigris River 
between Arkansas River and Catoosa, Okla.; andreservoirs on these 
waterways between Mississippi River Ark., andCatoosa, Okla.
    (2) Bridges, wharves and other structures. All bridges,wharves, and 
other structures in or over the waterways described inparagraph (a)(1) 
of this section.
    (3) Vessels and rafts. The term ``vessels'' asused in this section 
includes every description of watercraft used, orcapable of being used, 
as a means of transportation on water, otherthan rafts.
    (b) Waterways:
    (1) Fairway. A clear channel shall at all times be left opento 
permit free and unobstructed navigation by all types of vessels andrafts 
that normally use the various waterways or sections thereof. TheDistrict 
Commander may specify the width of the fairway required inthe waterways 
under his charge.
    (2) Anchoring or mooring in waterway. (i) No vessels orrafts shall 
anchor or moor in any of the land cuts or other narrowparts of the 
waterway, except in an emergency. Whenever it becomesnecessary for a 
vessel or raft to stop in any such portions of thewaterway, it shall be 
securely fastened to one bank and as close tothe bank as possible. This 
shall be done only at such a place andunder such conditions as will not 
obstruct or prevent the passage ofother vessels or rafts. Stoppages 
shall be only for such periods asmay be necessary.
    (ii) Except temporarily, as authorized in paragraph (b)(2)(i) ofthis 
section, no vessel or raft will be allowed to use any portion ofthe 
fairway as a mooring place without written permission from theDistrict 
Commander.
    (iii) When tied up individually, all vessels shall be moored bybow 
and stern lines. Rafts and tows shall be secured at sufficientlyclose 
intervals to insure their not being drawn away from the bank bywinds, 
currents, or the suction of passing vessels. Towlines shall beshortened 
so that the different parts of the tow will be as closetogether as 
possible. In narrow sections, no vessel or raft shall betied abreast of 
another if the combined width of vessels or rafts isgreater than 70 
feet.
    (iv) When a vessel is moored under an emergency condition, 
asprovided in paragraph (b)(2)(i) of this section, at least one 
crewmember shall remain in attendance to display proper lights and 
signalsand tend the mooring lines. The crew member shall be provided 
with anadequate means of communication or signalling a warning in the 
eventthat, for any reason, the vessel or tow should go adrift. 
Immediatelyafter completion of the emergency mooring, the lockmaster of 
the firstlock downstream shall be notified of the character and cargo of 
thevessel and the location of such mooring.
    (v) Vessels will not be permitted to load or unload in any of 
theland cuts, except at a regular established landing or wharf, 
withoutwritten permission secured in advance from the District 
Commander.
    (vi) Except in an emergency, no vessel or raft shall anchor 
overrevetted banks of the waterway, nor shall any type vessel 
exceptlaunches and other small craft land against banks protected 
byrevetment except at regular commercial landings.
    (3) Speed. (i) Excessive speed in narrow sections isprohibited. 
Official signs indicating limiting speeds through criticalsections shall 
be strictly obeyed.

[[Page 613]]

    (ii) When approaching and passing through a bridge, allvessels and 
rafts, regardless of size, shall control their speed so asto insure that 
no damage will be done to the bridge or its fenders.
    (iii) Within the last mile of approach to unattended, normallyopen 
automatic, movable span bridges, the factor of river flowvelocity, of 
vessel (and tow) velocity, and of vessel power and crewcapability are 
never to be permitted to result in a condition wherebythe movement of 
vessel (and tow) cannot be completely halted orreversed within a 3-
minute period.
    (iv) A vessel shall reduce its speed sufficiently to prevent 
anydamage when approaching another vessel in motion or tied up, a 
wharfor other structure, works under construction, plant engaged in 
riverand harbor improvement, levees withstanding floodwaters, 
buildingssubmerged or partially submerged by high waters, or any other 
mannerof structure or improvements likely to be damaged by 
collision,suction, or wave action.
    (4) Assembly and handling of tows. (i) All vessels drawingtows not 
equipped with rudders in restricted channels and land cutsshall use two 
towlines, or a bridle on one towline, shortened to thegreatest possible 
extent so as to have maximum control at all times.The various parts of a 
tow shall be securely assembled with theindividual units connected by 
lines as short as practicable. In openwater, the towlines and fastenings 
between barges may be lengthened soas to accommodate the wave surge. In 
the case of length or cumbersometows, or tows in restricted channels, 
the District Commander mayrequire that tows be broken up, and may 
require the installation of arudder or other approved steering device on 
the tow in order to avoidobstructing navigation or damaging the property 
of others. Pushingbarges with towing vessel astern, towing barges with 
towing vesselalongside, or pushing and pulling barges with units of the 
tow made upboth ahead and astern of the towing vessel is permissible 
providedthat adequate power is employed to keep the tow under full 
control atall times.
    (ii) No tow shall be drawn by a vessel that has insufficient poweror 
crew to permit ready maneuverability and safe handling.
    (iii) No vessel or tow shall navigate through a drawbridge untilthe 
movable span is fully opened.
    (5) Projections from vessels. No vessels carrying a deckload which 
overhangs or projects over the side, or whose riggingprojects over the 
side, so as to endanger passing vessels, wharves, orother property, 
shall enter or pass through any of the narrow parts ofthe waterway.
    (6) Meeting and passing. Vessels on meeting or overtakingshall give 
the proper signals and pass in accordance with the InlandRules and the 
Pilot Rules for Inland Waters. Rafts shall give tovessels the side 
demanded by proper signal. All vessels approachingdredges or other plant 
engaged on improvements to a waterway shallgive the signal for passing 
and slow down sufficiently to stop if soordered or if no answering 
signal is received. On receiving theanswering signal, they shall then 
pass at a speed sufficiently slow toinsure safe navigation. Vessels 
approaching an intersection or bendwhere the view is obstructed must 
exercise due caution. At certainintersections where strong currents may 
be encountered, sailingdirections may be issued from time to time 
through navigationbulletins or signs posted on each side of the 
intersections which mustbe observed.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byUSCG-2008-0179, 
73 FR 35016, June 19, 2008]
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.



Sec. 162.100  Ohio River at Louisville, KY.

    (a) Emergency Mooring Buoys. The U.S. Army Corp of Engineershas 
established four pairs of emergency mooring bouys. Each buoy is 10feet 
in diameter with retro-reflective sides. The two buoys whichcomprise 
each pair are 585 feet apart and are located approximatelyat:
    (1) Indiana Bank--Mile 582.3 (near 18 Mile Island);
    (2) Six Mile Island--Mile 597.5;
    (3) Six Mile Island--Mile 598.2; and

[[Page 614]]

    (4) Kentucky Bank--Mile 599.8 (Cox's Park).
    Note: All buoys, except those at Six Mile Island--Mile598.2, are 
removed between May 1 and September 30. Due to the closeproximity of the 
municipal water intakes, mooring of tank vesselsladen with petroleum 
products or hazardous materials is not authorizedon the Kentucky Bank, 
Mile 599.8 (Cox's Park).
    (b) The regulations. A vessel must not use the emergencymooring 
buoys that have been established by the U.S. Army Corps ofEngineers, 
unless specifically authorized. The Captain of the Port,upon request, 
may authorize the use of the emergency mooring buoys bydownbound towing 
vessels that are awaiting Vessel Traffic Centerapproval to proceed.

[CGD 90-020, 59 FR 36333, July 15, 1994]



Sec. 162.105  Missouri River; administration and navigation.

    (a) Supervision. The District Commander, Eighth Coast GuardDistrict, 
has certain administrative supervision overreaches of theriver within 
the limits of his district and is charged with theenforcement under his 
direction of emergency regulations to governnavigation on the river.
    (b) Navigation. During critical flood stages on anyparticular 
limited reach of the Missouri River when lives, floatingplant, or major 
shore installations and levees are endangered, theDistrict Commander in 
charge of the locality shall have the authorityto declare the reach of 
the river closed to navigation or to prescribetemporary speed 
regulations whenever it appears to him that suchaction is necessary to 
prevent immediate human suffering or tomitigate major property damage or 
destruction from wave action. Theperiod of closure and all speed 
regulations prescribed by the DistrictCommander shall be for the 
duration of the emergency as determined bythe District Commander and 
shall be terminated at the earliestpracticable time that improved river 
conditions permit.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byUSCG-1998-3799, 
63 FR 35532, June 30, 1998]



Sec. 162.110  Duluth-Superior Harbor, Minnesota and Wisconsin.

    (a) No vessel greater than 100 feet in length may exceed 8 milesper 
hour in Duluth-Superior Harbor.
    (b) In the Duluth Ship Canal:
    (1) No vessel may meet or overtake another vessel if each vesselis 
greater than 150 feet in length (including tug and towcombinations).
    (2) An inbound vessel has the right of way over an outboundvessel.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.115  Keweenaw Waterway, Mich.

    No vessel greater than 40 feet in length may exceed 8 miles perhour 
between Lily Pond and Pilgrim Point.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981, as amended byCGD 09-00-010, 65 
FR 53595, Sept. 5, 2000]



Sec. 162.117  St. Marys River, Sault Ste. Marie, Michigan.

    (a) The area. The waters of the St. Marys River and lowerWhitefish 
Bay from 45[deg]57[min] N. (De Tour Reef Light) to thesouth, to 
46[deg]38.7[min] N. (Ile Parisienne Light) to the north,except the 
waters of the St. Marys Falls Canal, and to the east alonga line from La 
Pointe to Sims Point, within Potagannissing Bay andWorsley Bay.
    (b) Definitions. As used in this section:
    Two-way route means a directional route within definedlimits inside 
which two-way traffic is established, and which isintended to improve 
safety in waters where navigation is difficult.
    Two-way traffic means that traffic flow is permitted inopposing 
directions, but a vessel may not meet, cross, nor overtakeany other 
vessel in such a manner that it would be abreast of morethan one other 
vessel within the defined limits of a waterway.
    (c) Anchoring Rules.
    (1) A vessel must not anchor:
    (i) within the waters between Brush Point and the waterworksintake 
crib off Big Point southward of the Point Aux Pins range; or
    (ii) within 0.2 nautical miles of the intake crib off Big Point.
    (2) In an emergency, vessels may anchor in a dredged channel.Vessels 
shall

[[Page 615]]

anchor as near to the edge of the channel aspossible and shall get 
underway as soon as the emergency ceases,unless otherwise directed. 
Vessel Traffic Services St. Marys Rivermust be advised of any emergency 
anchoring as soon as is practicable.
    (3) Vessels collected in any part of the VTS Area by reason 
oftemporary closure of a channel or an impediment to navigation shallget 
underway and depart in the order in which they arrived, unlessotherwise 
directed by Vessel Traffic Service St. Marys River. VesselTraffic 
Service St. Marys River may advance any vessel in the order ofdeparture 
to expedite the movement of mails, passengers, cargo of aperishable 
nature, to facilitate passage of vessels through anychannel by reason of 
special circumstance, or to facilitate passagethrough the St. Marys 
Falls Canal.
    (d) Traffic Rules. (1) A vessel must proceed only in theestablished 
direction of traffic flow in the following waters:
    (i) West Neebish Channel from Buoy ``53'' to Buoy``1''--downbound 
traffic only;
    (ii) Pipe Island Course from Sweets Point to Watson Reefs Light-
downbound traffic only.
    (iii) Middle Neebish Channel from Buoy ``2'' to Buoy``76''--upbound 
traffic only; and
    (iv) Pipe Island Passage to the east of Pipe Island Shoal andnorth 
of Pipe Island Twins from Watson Reefs Light to SweetsPoint--upbound 
traffic only.
    (2) A vessel 350 feet or more in length must not overtake orapproach 
within .2 nautical miles of another vessel proceeding in thesame 
direction in the following waterways:
    (i) West Neebish Channel between Nine Mile Point and MunuscongLake 
Junction Lighted Bell Buoy;
    (ii) Middle Neebish Channel between Munuscong Lake JunctionLighted 
Bell Buoy and Nine Mile Point; and
    (iii) Little Rapids Cut from Six Mile Point to Buoy``102''.
    (3) When two-way traffic is authorized in Middle Neebish Channel,a 
vessel 350 feet or more in length must not meet, cross, or 
overtakeanother vessel at:
    (i) Johnson Point from Buoy ``18'' to Buoy``22'';
    (ii) Mirre Point from Buoy ``26'' to Buoy``28''; or
    (iii) Stribling Point from Buoy ``39'' to Buoy``43''.
    (4) Paragraph (d)(2) of this section does not apply to a 
vesselnavigating through an ice field.
    (e) Winter Navigation. During the winter navigation season,the 
following waterways are normally closed:
    (1) West Neebish Channel, from Buoy ``53'' to Buoy``1'';
    (2) Pipe Island Passage to the east of Pipe Island Shoal; and
    (3) North of Pipe Island Twins, from Watson Reef Light to 
SweetsPoint.
    (f) Alternate Winter Navigation Routes. (1) When WestNeebish Channel 
is closed, Middle Neebish Channel (from Buoy``2'' to Buoy ``76'') will 
be open either as atwo-way route or an alternating one way traffic lane.
    (i) When Middle Neebish Channel is a two-way route:
    (A) An upbound vessel must use the easterly 197 feet of thechannel. 
However, a vessel of draft 20 feet or more must not proceedprior to 
Vessel Traffic Center approval; and
    (B) A downbound vessel must use the westerly 295 feet of thechannel.
    (ii) When Middle Neebish Channel is an alternating one-way 
trafficlane. A vessel must use the westerly 295 feet of the channel in 
theestablished direction of traffic flow.
    (2) When Pipe Island Passage is closed, Pipe Island Course is atwo-
way route.
    Note: The Vessel Traffic Service closes or opens thesechannels as 
ice conditions require after giving due consideration tothe protection 
of the marine environment, waterway improvements, aidsto navigation, the 
need for cross channel traffic (e.g., ferries), theavailability of 
icebreakers, and the safety of the island residentswho, in the course of 
their daily business, must use naturally formedice bridges for 
transportation to and from the mainland. Under normalseasonal 
conditions, only one closing each winter and one opening eachspring are 
anticipated. Prior to closing or opening these channels,interested 
parties including both shipping entities and islandresidents, will be 
given at least 72 hours notice by the Coast Guard.
    (g) Speed Rules. (1) The following speed limits indicatespeed over 
the

[[Page 616]]

ground. Vessels must adhere to the following speedlimits:

              Table 162.117(g)--St. Marys RiverSpeed Rules
------------------------------------------------------------------------
              Maximum speed limit between                 Mph      Kts
------------------------------------------------------------------------
De Tour Reef Light and Sweets Point Light.............       14     12.2
Round Island Light and Point Aux Frenes Light``21''...       14     12.2
Munuscong Lake Lighted Buoy ``8'' and EverensPoint....       12     10.4
Everens Point and Reed Point..........................        9      7.8
Reed Point and Lake Nicolet Lighted Buoy``62''........       10      8.7
Lake Nicolet Lighted Buoy ``62'' and Lake NicoletLight       12     10.4
 ``80''...............................................
Lake Nicolet Light ``80'' and Winter Point                   10      8.7
 (WestNeebish Channel)................................
Lake Nicolet Light ``80'' and Six Mile Point RangeRear       10      8.7
 Light................................................
Six Mile Point Range Rear Light and lower limit of the
 St. MarysFalls Canal
    Upbound...........................................        8      7.0
    Downbound.........................................       10      8.7
Upper limit of the St. Marys Falls Canal and Point Aux       12     10.4
 Pins MainLight.......................................
------------------------------------------------------------------------
Note: A vessel must not navigate any dredged channel at a speed ofless
  than 5 statute miles per hour (4.3 knots).

    (2) Temporary speed limit regulations may be established 
byCommanding Officer Vessel Traffic Service St. Marys River. Notice 
ofthe temporary speed limits and their effective dates and 
terminationare published in the Federal Register and Local Notice 
toMariners. These temporary speed limits, if imposed, will normally 
beplaced in effect and terminated during the winter navigation season.
    (h) Towing Requirement. A towing vessel must: (1) Maintainpositive 
control of its tow south of Gros Cap Reef Light;
    (2) Not impede the passage of any other vessel;
    (3) Not tow a vessel of 200 feet or less in length with a tow 
linelonger than 250 feet; and
    (4) Not tow a vessel of 200 feet or more in length with a tow 
linelonger than the length of the towed vessel plus 50 feet.

[CGD 90-020, 59 FR 36333, July 15, 1994, as amended byCGD 95-033, 60 FR 
28333, May 31, 1995;USCG-1998-3799, 63 FR 35532, June 30, 1998;USCG-
2003-15404, 68 FR 37741, June 25, 2003]



Sec. 162.120  Harbors on Lake Michigan.

    (a) No vessel greater than 40 feet in length may exceed 8 milesper 
hour in the harbors of Michigan City, Indiana; St. Joseph, SouthHaven, 
Saugatuck, Holland (Lake Macatawa), Grand Haven, Muskegon,White Lake, 
Pentwater, Ludington, Manistee, Portage Lake (ManisteeCounty), 
Frankfort, Charlevois, and Petroskey, Michigan.
    (b) No vessel greater than 40 feet in length may exceed 4 milesper 
hour in the harbors of Menominee, Michigan and Wisconsin; 
Algoma,Kewaunee, Two Rivers, Manitowac, Sheboygan, Port 
Washington,Milwaukee, Racine, Kenosha and Green Bay, Wisconsin; and 
Waukegan,Illinois.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.125  Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.

    (a) In the Sturgeon Bay Ship Canal:
    (1) No vessel may exceed 5 miles per hour.
    (2) No vessel greater than 150 feet in length (including tug andtow 
combinations) may come about.
    (3) No vessel 65 feet or greater in length (including tug and 
towcombinations) may either:
    (i) Enter or pass through the canal two or more abreast; or
    (ii) Overtake another vessel.
    (4) No vessel may anchor or moor unless given permission to do soby 
the Captain of the Port.
    (5) Each vessel must keep to the center, except when meeting 
orovertaking another vessel.
    (b) In Sturgeon Bay and the Sturgeon Bay Ship Canal:
    (1) Each laden vessel under tow must be towed with at least 
twotowlines. Each towline must be shortened to the extent necessary 
toprovide maximum control of the tow.
    (2) Each unladen vessel may be towed with one towline.
    (3) No towline may exceed 100 feet in length.
    (4) No vessel may tow another vessel alongside.
    (5) No vessel may tow a raft greater than 50 feet in width.
    Note: The Corps of Engineers also has regulations dealingwith these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]

[[Page 617]]



Sec. 162.130  Connecting waters from Lake Huron to Lake Erie; general rules.

    (a) Purpose. The regulations inSec. Sec. 162.130 through 162.140 
prescribe rules forvessel operation in U.S. waters connecting Lake Huron 
to Lake Erie(including the River Rouge) to prevent collisions and 
groundings, toprotect waterway improvements, and to protect these waters 
fromenvironmental harm resulting from collisions and groundings.
    Note: The Canadian Government has issued similar regulationswhich 
apply in the Canadian portion of the waterway. Provisions whichapply 
only in Canadian waters are noted throughout the text.
    (b) Applicability. (1) Unless otherwise specified, the rulesin 
Sec. Sec. 162.130 through 162.140 apply to all U.S.vessels and all 
other vessels in U.S. waters.
    (2) The speed rules in Sec. 162.138 apply to vessels 20meters or 
more in length.
    (3) The communication rules in Sec. 162.132, the trafficrules in 
Sec. 162.134, except for Sec. 162.134(c)(2), and the anchorage rules 
in Sec. 162.136 apply to thefollowing vessels:
    (i) Vessels of 20 meters or more in length;
    (ii) Commercial vessels more than 8 meters in length engaged 
intowing another vessel astern, alongside, or by pushing ahead; and
    (iii) Each dredge and floating plant.
    (4) The traffic rules contained in Sec. 162.134(c)(2)apply to the 
following vessels:
    (i) Sailing vessels of 20 meters or more in length;
    (ii) Power driven vessels of 55 meters or more in length;
    (iii) Vessels engaged in towing another vessel astern, alongsideor 
by pushing ahead; and
    (iv) Each dredge and floating plant.
    (c) Definitions. As used in Sec. Sec. 162.130through 162.140:
    Captain of the Port means the United States Coast GuardCaptain of 
the Port of Detroit, Michigan.
    Detroit River means the connecting waters from WindmillPoint Light 
to the lakeward limits of the improved navigation channelsat the head of 
Lake Erie.
    District Commander means Commander, Ninth Coast GuardDistrict, 
Cleveland, Ohio.
    Master means the licensed master or operator, the persondesignated 
by the master or operator to navigate the vessel, or, on avessel not 
requiring licensed personnel, the person in command of thevessel.
    River Rouge means the waters of the Short Cut Canal and theRiver 
Rouge from Detroit Edison Cell Light 1 to the head ofnavigation.
    St. Clair River means the connecting waters from thelakeward limit 
of the improved navigation channel at the lower end ofLake Huron to St. 
Clair Flats Canal Light 2.
    SARNIA TRAFFIC means the Canadian Coast Guard traffic centerat 
Sarnia Ontario.
    (d) Laws and regulations not affected. The regulations inSec. Sec. 
162.130 through 162.140 do not relieve theowners or operators of vessels 
from complying with any other laws orregulations relating to navigation 
on the Great Lakes and theirconnecting or tributary waters.
    (e) Delegations. The District Commander, in coordinationwith 
appropriate Canadian officials, may make local arrangements thatdo not 
conflict with these regulations in the interest of safety ofoperations, 
to facilitate traffic movement and anchorage, to avoiddisputes as to 
jurisdiction and to take necessary action to renderassistance in 
emergencies. This authority may be redelegated.

[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722,June 29, 1984, as 
amended by CGD 85-060, 51 FR 17016, May 8,1986; CGD 93-024, 58 FR 59365, 
Nov. 9, 1993]



Sec. 162.132  Connecting waters from Lake Huron to Lake Erie; communicationsrules.

    (a) Radio listening watch. The master of each vesselrequired to 
comply with this section shall continuously monitor:
    (1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted Buoy 
11and Lake St. Clair Light; and
    (2) Channel 12 (156.60 mhz) between Lake St. Clair Light andDetroit 
River Light.
    (b) Radiotelephone equipment. Reports required by thissection shall 
be made by the master using a radiotelephone

[[Page 618]]

capable of operation on a vessel's navigation bridge, or in thecase of a 
dredge, from its main control station.
    (c) English language. Reports required by this section shallbe made 
in the English language.
    (d) Traffic reports. (1) Reports required by this sectionshall be 
made to SARNIA TRAFFIC on the frequency designated for theradio 
listening watch in paragraph (a) of this section.
    (2) Reports shall include the name of the vessel, location,intended 
course of action, and ETA at next reporting point.
    (e) Permanent reporting points. The master of each vessel towhich 
this section applies shall report as required by paragraph (d)of this 
section at the location indicated in Table I.

                                 Table I
------------------------------------------------------------------------
   Downbound vessels         Reporting points         Upbound vessels
------------------------------------------------------------------------
Report................  30 Minutes North of Lake
                         Huron Cut.
                        Lighted Horn Buoy ``11''
Report................  Lake Huron Cut Light
                         ``7''
                        Lake Huron Cut Lighted     Report.
                         Buoy ``1''.
Report................  St. Clair/Black River      Report.
                         Junction Light.
                        Stag Island Upper Light..  Report.
Report................  Marine City Salt Dock      Report.
                         Light.
Report................  Grande Pointe Light
                         ``23''
                        St. Clair Flats Canal      Report.
                         Light ``2''.
Report................  Lake St. Clair Light.....  Report.
Report................  Belle Isle Light
Report................  Grassy Island Light......  Report.
Report................  Detroit River Light......  Report.
------------------------------------------------------------------------

    (f) Additional traffic reports. (1) A report shall be madeupon 
leaving any dock, mooring, or anchorage, in the Detroit River,Lake St. 
Clair, and the St. Clair River except for--
    (i) Ferries on regular runs; and
    (ii) Vessels in the River Rouge.
    (2) A report shall be made before maneuvering to come about.
    (3) A report shall be made--
    (i) 20 minutes before entering or departing the River Rouge; and
    (ii) Immediately before entering or departing the River Rouge.
    (g) Report of impairment or other hazard. The master of avessel 
shall report to SARNIA TRAFFIC as soon as possible:
    (1) Any condition on the vessel that may impair its 
navigation,including but not limited to: fire, defective steering 
equipment, ordefective propulsion machinery.
    (2) Any tow that the towing vessel is unable to control, or 
cancontrol only with difficulty.
    (h) Exemptions. Compliance with this section is not requiredwhen a 
vessel's radiotelphone equipment has failed.

[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722,June 29, 1984, as 
amended by CGD 85-060, 51 FR 17016, May 8,1986; CGD 85-060, 51 FR 37274, 
Oct. 21, 1986]



Sec. 162.134  Connecting waters from Lake Huron to Lake Erie; traffic rules.

    (a) Detroit River. The following traffic rules apply in theDetroit 
River:
    (1) The West Outer Channel is restricted to downbound vessels.
    (2) The Livingston Channel, west of Bois Blanc Island, isrestricted 
to downbound vessels.
    Note: The Amherstburg Channel, in Canadian waters east ofBois Blanc 
Island, is normally restricted to upbound vessels. Novessel may proceed 
downbound in the Amherstburg Channel withoutauthorization from the 
Regional Director General.
    (3) Between Fighting Island Channel South Light and Bar Point 
PierLight 29D, no vessels shall meet or overtake in such a manner 
thatmore than two vessels would be abreast at any time.
    (4) Between the west end of Belle Isle and Peche Island 
Light,vessels may only overtake vessels engaged in towing.
    (b) River Rouge. In the River Rouge, no vessel shallovertake another 
vessel.
    (c) St. Clair River. The following traffic rules apply inthe St. 
Clair River:
    (1) Between St. Clair Flats Canal Light 2 and Russell Island 
Light33, vessels may only overtake vessels engaged in towing.
    (2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron 
TrafficLighted Buoy there is a zone of alternating one way traffic. 
Mastersshall coordinate their movements in accordance with the 
followingrules;
    (i) Vessels shall not overtake.
    (ii) Vessels shall not come about.
    (iii) Vessels shall not meet.
    (iv) Downbound vessels which have passed Lake Huron Cut LightedBuoy 
7 have the right of way over upbound vessels which have notreached the 
Port Huron Traffic Lighted Buoy. Upbound vessels awaitingtransit of

[[Page 619]]

downbound vessels will maintain position south of thePort Huron Traffic 
Lighted Buoy.
    (v) Vessels transiting the zone shall coordinate passage by 
usingcommunication procedures in Sec. 162.132.
    (vi) Transiting vessels shall have the right of way over 
mooredvessels getting underway within the zone.
    (d) In the waters described in Sec. 162.130(a), theDistrict 
Commander or Captain of the Port may establish temporarytraffic rules 
for reasons which include but are not limited to:channel obstructions, 
winter navigation, unusual weather conditions,or unusual water levels.
    (e) The requirements of this section do not apply to publicvessels 
of the U.S. or Canada engaged in icebreaking or servicing aidsto 
navigation or to vessels engaged in river and harbor improvementwork.
    (f) The prohibitions in this section on overtaking in certainareas 
do not apply to vessels operating in the nondisplacement mode.In this 
section, ``nondisplacement mode'' means a mode ofoperation in which the 
vessel is supported by hydrodynamic forces,rather than displacement of 
its weight in the water, to an extent suchthat the wake which would 
otherwise be generated by the vessel issignificantly reduced.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722,June 29, 1984, as 
amended by CGD 09-95-002, 60 FR 35701,July 11, 1995]



Sec. 162.136  Connecting waters from Lake Huron to Lake Erie; anchorage grounds.

    (a) In the Detroit River, vessels shall be anchored so as not 
toswing into the channel or across steering courses.
    Note: There is an authorized anchorage in Canadian watersjust above 
Fighting Island and an authorized anchorage in U.S. waterssouth of Belle 
Isle (33 CFR 110.206).
    (b) In the St. Clair River, vessels shall be anchored so as not 
toswing into the channel or across steering courses.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984, as amended byCGD 85-060, 51 FR 
17016, May 8, 1986]



Sec. 162.138  Connecting waters from Lake Huron to Lake Erie; speed rules.

    (a) Maximum speed limit for vessels in normal displacementmode. (1) 
Except when required for the safety of the vessel or anyother vessel, 
vessels of 20 meters or more in length operating innormal displacement 
mode shall proceed at a speed not greaterthan--
    (i) 12 statute miles per hour (10.4 knots) between Fort GratiotLight 
and St. Clair Flats Canal Light 2;
    (ii) 12 statute miles per hour (10.4 knots) between Peche 
IslandLight and Detroit River Light; and
    (iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
    (2) The maximum speed limit is 5.8 statute miles per hour (5knots) 
in the navigable channel south of Peche Island (under 
Canadianjurisdiction).
    (b) Maximum speed limit for vessels operating innondisplacement 
mode. (1) Except when required for the safety ofthe vessel or any other 
vessel, vessels 20 meters or more in lengthbut under 100 gross tons 
operating in the nondisplacement mode andmeeting the requirements set 
out in paragraph (c) of this section, mayoperate at a speed not 
exceeding 40 miles per hour (34.8 knots)--
    (i) During daylight hours (sunrise to sunset);
    (ii) When conditions otherwise safely allow; and
    (iii) When approval has been granted by the Coast Guard Captain 
ofthe Port, Detroit or Commander of the Ninth Coast Guard District 
priorto each transit of the area.
    (2) In this section, ``nondisplacement mode'' means amode of 
operation in which the vessel is supported by hydrodynamicforces, rather 
than displacement of its weight in the water, to anextent such that the 
wake which would otherwise be generated by thevessel is significantly 
reduced.
    (c) Unsafe vessels. The Captain of the Port or the DistrictCommander 
may deny approval for operations under paragraph (b) of thissection if 
it appears that the design and operating characteristics ofthe vessels 
in question are not safe for the designated waterways, orif it appears 
that operations under this section have become unsafefor any reason.

[[Page 620]]

    (d) Temporary speed limits. The District Commander maytemporarily 
establish speed limits or temporarily amend existing speedlimit 
regulations on the waters described inSec. 162.130(a).

[CGD 09-95-002, 60 FR 35702, July 11, 1995]



Sec. 162.140  Connecting waters from Lake Huron to Lake Erie; miscellaneousrules.

    (a) Rules for towing vessels. (1) A towing vessel may dropor anchor 
its tows only in accordance with the provisions ofSec. 162.136.
    (2) A towing vessel engaged in arranging its tow shall notobstruct 
the navigation of other vessels.
    (b) Pilots. In the St. Clair River between Lake Huron CutLighted 
Buoy 1 and Port Huron Traffic Lighted Buoy, vessels shall nottake on, 
discharge, or exchange pilots unless weather conditions wouldmake the 
maneuver unsafe in the customary pilot area.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984]



Sec. 162.145  Monroe Harbor, Mich.

    (a) In the lake channel, no vessel greater than 40 feet in lengthmay 
exceed 10 miles per hour.
    (b) In the river channel:
    (1) No vessel greater than 40 feet in length may exceed 6 milesper 
hour.
    (2) No vessel may use a towline exceeding 200 feet in length.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.150  Maumee Bay and River, Ohio.

    (a) In Maumee Bay (lakeward of Maumee River Lighted Buoy 49(L/LNo. 
770)), no vessel greater than 100 feet in length may exceed 12miles per 
hour.
    (b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/LNo. 
770)):
    (1) No vessel greater than 40 feet in length may exceed 6 milesper 
hour.
    (2) No vessel greater than 100 feet in length (including tug andtow 
combinations) may overtake another vessel.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.155  Sandusky and Huron Harbors, Ohio.

    (a) In Sandusky Harbor, no vessel greater than 40 feet in lengthmay 
exceed 10 miles per hour.
    (b) In Huron Harbor, no vessel greater than 40 feet in length 
mayexceed 6 miles per hour, except in the outer harbor where no 
vesselgreater than 40 feet in length may exceed 10 miles per hour.
    Note: The Corps of Engineers also has regulations dealingwith these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.160  Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and ConneautHarbors, Ohio.

    (a) In Vermilion Harbor, no vessel may exceed 6 miles per hour.
    (b) In Lorain, Cleveland, Fairport, Ashtabula, and ConneautHarbors, 
no vessel may exceed 6 miles per hour, except in the outerharbors, where 
no vessel may exceed 10 miles per hour.
    Note: The Corps of Engineers also has regulations dealingwith these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.165  Buffalo and Rochester Harbors, New York.

    In Buffalo and Rochester Harbors, no vessel may exceed 6 miles 
perhour, except in the outer harbors where no vessel may exceed 10 
milesper hour.
    Note: The Corps of Engineers also has regulations dealingwith these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.175  Black Rock Canal and Lock at Buffalo, New York.

    In the Black Rock Canal and Lock, no vessel may exceed 6 miles 
perhour.
    Note: The Corps of Engineers also has regulations dealingwith these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.195  Santa Monica Bay, Calif.; restricted area.

    (a) The area. The waters of the Pacific Ocean, Santa MonicaBay, in 
an area extending seaward from the shoreline a distance ofabout 5 
nautical miles (normal to the shoreline) and basicallyoutlined as 
follows:

------------------------------------------------------------------------
                 Station                  Latitude North   LongitudeWest
------------------------------------------------------------------------
A.......................................  33[deg]54[min]  118[deg]25[min
                                                 59[sec]        ]41[sec]
B.......................................  33[deg]54[min]  118[deg]28[min
                                                 59[sec]        ]00[sec]
C.......................................  33[deg]53[min]  118[deg]31[min
                                               59.5[sec]        ]37[sec]
D.......................................  33[deg]56[min]  118[deg]34[min
                                               19.5[sec]        ]05[sec]

[[Page 621]]

 
E.......................................  33[deg]56[min]  118[deg]26[min
                                                 25[sec]        ]29[sec]
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels shall not anchor within thearea at 
any time without permission.
    (2) Dredging, dragging, seining, or other fishing operations 
whichmight foul underwater installations within the area are prohibited.
    (3) All vessels entering the area, other than vessels operated byor 
for the United States, the State of California, the county of 
LosAngeles, or the city of Los Angeles, shall proceed across the area 
bythe most direct route and without unnecessary delay. The area will 
beopen and unrestricted to small recreational craft for 
recreationalactivities at all times.
    (4) The placing of bouys, markers, or other devices requiringanchors 
will not be permitted.
    (5) The city of Los Angeles will maintain a patrol of the area 
asneeded.



Sec. 162.200  Marina del Rey, Calif.; restricted area.

    (a) The area. That portion of the Pacific Ocean lyingshoreward of 
the offshore breakwater and the most seaward 1,000 feetof the entrance 
channel between the north and south jetties, andbasically outlined as 
follows:

------------------------------------------------------------------------
               Station                 Latitude North     LongitudeWest
------------------------------------------------------------------------
A...................................  33[deg]57[min]46  118[deg]27[min]3
                                               .0[sec]          9.5[sec]
B...................................  33[deg]57[min]52  118[deg]27[min]4
                                               .3[sec]          3.6[sec]
C...................................  33[deg]57[min]48  118[deg]27[min]4
                                               .6[sec]          8.8[sec]
D...................................  33[deg]57[min]29  118[deg]27[min]3
                                               .8[sec]          4.7[sec]
E...................................  33[deg]57[min]30  118[deg]27[min]2
                                               .9[sec]          9.1[sec]
F...................................  33[deg]57[min]37  118[deg]27[min]3
                                               .4[sec]          3.8[sec]
G...................................  33[deg]57[min]42  118[deg]27[min]2
                                               .4[sec]          3.0[sec]
H...................................  33[deg]57[min]50  118[deg]27[min]2
                                               .6[sec]          8.3[sec]
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels shall not anchor within thearea at 
any time without permission except in an emergency.
    (2) Dredging, dragging, seining, or other fishing operations 
whichmight foul underwater installations within the area are prohibited.


[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byUSCG-2008-0179, 
73 FR 35016, June 19, 2008]
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.



Sec. 162.205  Suisun Bay, San Joaquin River, Sacramento River, and connectingwaters, CA.

    (a) San Joaquin River Deep Water Channel between Suisun Bay andthe 
easterly end of the channel at Stockton; use, administration 
andnavigation--(1) Maximum speed. The maximum speed forall ocean-going 
craft shall not exceed 10 miles per hour above thelower end of New York 
Slough, seven miles per hour above CriminalPoint, or five miles per hour 
while passing any wharf, dock, or mooredcraft. As used in this 
paragraph, the speed of a vessel whennavigating with the current shall 
be its rate of movement in excess ofthe velocity of the current.
    (2) Passing. All craft passing other boats, barges, scows,etc., in 
motion, moored or anchored, shall slow down and take everynecessary 
precaution to avoid damage.
    (3) Right of way. (i) United States dredges, tugs, launches,derrick 
boats, and similar plant of contractors executing river andharbor 
improvement work for the United States, and displaying thesignals 
prescribed by the regulations contained in Part 80 of thischapter shall 
have the right of way and other craft shall exercisespecial caution to 
avoid interference with the work on which the plantis engaged. Dredges, 
whether Federal or contractors' plant, workingthe channel must however, 
take special care to give ocean-goingvessels sufficient room for 
passing, and must lift both spuds and theladder, and pull clear, if an 
adequate width of clear channelwaycannot otherwise be provided. Ocean-
going vessels may show at themasthead a black ball not more than 20 
inches in diameter as a signalto the dredge, and may also blow five long 
blasts of the whistle whenwithin reasonable hearing distance of the 
dredge, such signal to befollowed at the proper time by the passing 
signal described in thelocal pilot rules. The dredge shall promptly 
acknowledge both signalsin the usual manner.
    (ii) Light-draft vessels when meeting or being overtaken by ocean-
going vessels, shall give the right of way to such vessels by makinguse 
of the shallower portions of the waterway.

[[Page 622]]

    (iii) Rafts and tows must promptly give the channel sidedemanded 
upon proper signal by a vessel, and must be handled in such amanner as 
not to obstruct or interfere with the free use of thewaterway by other 
craft.
    (4) Collisions. (i) Ocean-going vessels in collision in thechannel 
or turning basin must, if still afloat and in a conditionmaking 
anchorage necessary, be immediately removed to an approvedanchorage 
ground, or if in such condition that beaching is necessary,they shall be 
temporarily beached on the northwest side of MandevilleIsland or in the 
Old River.
    (ii) Light-draft vessels suffering collision shall be disposed ofas 
directed by the District Commander or his authorizedrepresentative.
    (5) Wrecks. In no case following accidents of fire orcollision will 
a vessel be allowed to remain either anchored orgrounded in the channel, 
or beached at any place where it endangersother vessels, while 
settlement is pending with the underwriters.
    (6) Other laws and regulations. In all other respects, theexisting 
Federal laws and rules and regulations affecting navigablewaters of the 
United States will govern in this channel.
    (b) Sacramento Deep Water Ship Channel between Suisun Bay 
andeasterly end of Turning Basin at West Sacramento; use, 
administration,and navigation--(1) Maximum speed for all ocean 
goingcraft--(i) Between Tolands Landing (Mile 6.2) and RioVista Bridge. 
When going against a current of two knots or more,the maximum speed over 
the bottom shall not exceed 8 knots. When goingwith the current, in 
slack water, or against a current of two knots orless, the maximum speed 
through the water shall not exceed 10 knots.
    (ii) Between Rio Vista Bridge and Port of Sacramento. Whengoing 
against a current of two knots or more, the maximum speed overthe bottom 
shall not exceed 5 knots. When going with the current, inslack water, or 
against a current of two knots or less, the maximumspeed through the 
water shall not exceed 7 knots.
    (iii) Speed past docks or moored craft. Within 550 feet ofthe 
centerline of the channel the speed shall be the minimum requiredto 
maintain steerageway; wind, tide, current, etc., being taken 
intoconsideration.
    (iv) Passing. All craft passing other boats, barges, scows,etc., 
underway, moored or anchored, shall take every necessaryprecaution to 
avoid damage.
    (v) Speed, high-water precautions. When passing anothervessel 
(underway, anchored, or tied up); a wharf or other structure;work under 
construction; plant engaged in river and harborimprovement; levees 
withstanding flood waters; buildings partially orwholly submerged by 
high water; or any other structure liable todamage by collision, suction 
or wave action; vessels shall give asmuch leeway as circumstances permit 
and reduce their speedsufficiently to preclude causing damage to the 
vessel or structurebeing passed. As deemed necessary for public safety 
during high riverstages, floods, or other emergencies, the District 
Commander mayprescribe, by navigation bulletins or other means, the 
limiting speedin knots or temporarily close the waterway or any reach of 
it totraffic. Since this subparagraph pertains directly to the manner 
inwhich vessels are operated, masters of vessels shall be 
heldresponsible for strict observance and full compliance herewith.
    (2) Right of way. (i) Dredges, tugs, launches, derrick boatsand 
other similar equipment, executing river and harbor improvementwork for 
the United States, and displaying the signals prescribed bythe 
regulations contained in Part 80, of this Chapter, shall have theright-
of-way and other craft shall exercise special caution to 
avoidinterference with the work on which the plant is engaged. 
Dredges,whether Federal or contractor's plant, working the channel 
musthowever, take special care to give ocean-going vessels sufficient 
roomfor passing, and must lift both spuds and the ladder, and pull 
clear,if an adequate width of clear channelway cannot otherwise be 
provided.
    (ii) Vessels intending to pass dredges or other types of 
floatingplant working in navigable channels, when within a reasonable 
distancetherefrom and not in any case over a mile, shall indicate 
suchintention by one long blast of the whistle, and shall be directed 
tothe proper side for passage by the

[[Page 623]]

sounding, by the dredge orother floating plant, of the signal prescribed 
in the inland pilotrules for vessels underway and approaching each other 
from oppositedirections, which shall be answered in the usual manner by 
theapproaching vessel. If the channel is not clear, the floating 
plantshall sound the alarm or danger signal and the approaching 
vesselshall slow down or stop and await further signal from the plant.
    (iii) When the pipeline from a dredge crosses the channel in sucha 
way that an approaching vessel cannot pass safely around thepipeline or 
dredge, there shall be sounded immediately from the dredgethe alarm or 
danger signal and the approaching vessel shall slow downor stop and 
await further signal from the dredge. The pipeline shallthen be opened 
and the channel cleared as soon as practicable; whenthe channel is clear 
for passage the dredge shall so indicate bysounding the usual passing 
signal as prescribed in paragraph (c)(2)(ii) of this section. The 
approaching vessel shall answer with acorresponding signal and pass 
promptly.
    (iv) When any pipeline or swinging dredge shall have given 
anapproaching vessel or tow the signal that the channel is clear, 
thedredge shall straighten out within the cut for the passage of 
thevessel or tow.
    (v) Shallow draft vessels when meeting or being overtaken byocean-
going vessels, shall give the right-of-way to such vessels bymaking use 
of the shallower portions of the waterway, whereverpossible.
    (vi) Tows should promptly give the channel side requested byproper 
signal from a vessel, and should be handled in such a manner asnot to 
obstruct or interfere with the free use of the waterway byother craft.
    (3) Obstruction of traffic. (i) Except as provided inparagraph 
(c)(2) of this section no person shall willfully orcarelessly obstruct 
the free navigation of the waterway, or delay anyvessel having the right 
to use the waterway.
    (ii) No vessel shall anchor within the channel except in distressor 
under stress of weather. Any vessel so anchored shall be moved asquickly 
as possible to such anchorage as will leave the channel clearfor the 
passage of vessels.
    (iii) Motorboats, sailboats, rowboats, and other small craft 
shallnot anchor or drift in the regular ship channel except under stress 
ofweather or in case of breakdown. Such craft shall be so operated 
thatthey will not interfere with or endanger the movement of commercial 
orpublic vessels.
    (4) Collisions. (i) Ocean-going vessels in collision in thechannel 
or turning basin, must if still afloat and in a conditionmaking 
anchorage necessary, be immediately removed to an approvedanchorage 
ground, or if in such condition that beaching is necessary,they shall be 
temporarily beached on the southwest side of Ryer Islandfrom Mile 15.0 
to Mile 16.3 or in the Harbor and Turning Basin at WestSacramento.
    (ii) Light-draft vessels suffering collision shall be disposed ofas 
directed by the District Commander or his authorizedrepresentative.
    (5) Marine accidents. Masters, mates, pilots, owners, orother 
persons using the waterway to which this paragraph applies shallnotify 
the District Commander and in the case of undocumented vessels,the State 
Division of Small Craft Harbors also, by the mostexpeditious means 
available of all marine accidents, such as fire,collision, sinking or 
stranding, where there is possible obstructionof the channel or 
interference with navigation or where damage toGovernment property is 
involved, furnishing a clear statement as tothe name, address, and 
ownership of the vessel or vessels involved,the time and place, and the 
action taken. In all cases, the owner ofthe sunken vessel shall take 
immediate steps to mark the wreckproperly.
    (6) Other laws and regulations. In all other respects,existing 
Federal laws and rules and regulations affecting navigablewaters of the 
United States will govern in this channel.
    (c) Sacramento River, Decker Island Restricted Anchorage forVessels 
of the U.S. Government--(1) The anchorage ground. Anelongated area in 
the Sacramento River bounded on the west by theshore of Decker Island 
and the following lines: Beginning on the shoreat

[[Page 624]]

Decker Island North End Light at latitude38[deg]06[min]16[sec] N., 
longitude 121[deg]42[min]32.5[sec] W.;thence easterly to latitude 
38[deg]06[min]15[sec] N., longitude121[deg]42[min]27[sec] W.; thence 
southerly to latitude38[deg]05[min]22[sec] N., longitude 
121[deg]42[min]30[sec] W.;thence southwesterly to latitude 
38[deg]05[min]08[sec] N.,longitude 121[deg]42[min]40[sec] W.; thence 
west southwesterly tolatitude 38[deg]05[min]02[sec] N., 
longitude121[deg]42[min]50[sec] W.; thence northwesterly to the shore 
ofDecker Island at latitude 38[deg]05[min]04[sec] N., 
longitude121[deg]42[min]52.5[sec] W.
    (2) Special Regulation. No Vessel or other craft except thoseowned 
by or operating under contract with the United States maynavigate or 
anchor within 50 feet of any moored Government vessel inthe area. 
Commercial and pleasure craft shall not moor to buoys orchains of 
Government vessels, nor may they, while moored or underway,obstruct the 
passage of Government or other vessels through the area.
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD12 84-07, 51 
FR 12318, Apr. 10, 1986;CGD11-94-007, 60 FR 16796, Apr. 3, 1995;USCG-
1998-3799, 63 FR 35532, June 30, 1998]



Sec. 162.210  Lake Tahoe, Calif.; restricted areas along south shore.

    (a) The areas--(1) Baldwin Beach, under the controlof the Forest 
Service, Department of Agriculture. The waters ofLake Tahoe shoreward of 
a line described as follows: Beginning at theintersection of the high 
waterline with the west boundary line of Lot2, Section 26, Township 13 
North (Mount Diablo Base Line), Range 17East (Mount Diablo Meridian); 
thence north 300 feet; thencesoutheasterly about 2,850 feet to the east 
line of Section 26 at apoint 300 feet north of the high waterline; 
thence northeasterly 1,740feet to a point 300 feet north of the high 
waterline; thencesoutheasterly about 1,810 feet to the projected east 
line of theformer Baldwin property at a point 300 feet north of the 
highwaterline; and thence south 300 feet to the high waterline.
    (2) Camp Richardson, under the control of the Forest 
Service,Department of Agriculture. The waters of Lake Tahoe shoreward of 
aline described as follows: Beginning at the southeasterly corner ofsec. 
25, T. 13 N., R. 17 E., Mount Diablo Base and Meridian; thencenorth 410 
feet along the east line of sec. 25; thence northwesterly 95feet to the 
high waterline which is the true point of beginning;thence north 130 
feet; thence southeasterly 565 feet; and thence south130 feet to the 
high waterline.
    (3) Pope Beach, under the control of the Forest Service,Department 
of Agriculture. The waters of Lake Tahoe shoreward of aline described as 
follows: Beginning at the intersection of the highwaterline with the 
west line of the former Pope property, about 750feet westerly of the 
west boundary line of Lot 2, Section 6, Township12 North (Mount Diablo 
Base Line), Range 18 East (Mount DiabloMeridian); thence north 300 feet; 
thence southeasterly 4,200 feet to apoint 300 feet north of the high 
waterline; and thence south 300 feetto the high waterline.
    (4) El Dorado County Beach. The waters of Lake Tahoeshoreward of a 
line described as follows: Beginning at theintersection of the high 
waterline with the west boundary line of Lot1, Section 32, Township 13 
North (Mount Diablo Base Line), Range 18East (Mount Diablo Meridian); 
thence north 500 feet; thencenortheasterly about 1,350 feet to the 
projected east line of Lot 1 ata point 500 feet north of the high 
waterline; and thence south 500feet to the high waterline.
    (b) The regulations. No sail or machine-propelledwatercraft, except 
vessels owned or controlled by the U.S. CoastGuard, shall navigate or 
anchor in the restricted area.



Sec. 162.215  Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.

    (a) The restricted area. The waters of Lake Tahoe shorewardof a line 
described as follows: Beginning at the intersection of thehigh waterline 
with a line projected in a general southerly direction200 feet from a 
point lying 310 feet west of section corner common tosection 15, 16, 21, 
and 22, Township 13 North (Mount Diablo BaseLine), Range 18 East (Mount 
Diablo Meridian); thence 300 feet lakewardat right angles to the high 
waterline; thence southeasterlyapproximately 2,170 feet to the projected 
south boundary line of theForest Service property at a point

[[Page 625]]

300 feet west of the highwaterline; and thence east 300 feet to the high 
water line.
    (b) The regulations. No sail or motor propelled watercraft,except 
vessels owned or controlled by the United States Government andvessels 
duly authorized by the United States Coast Guard, shallnavigate or 
anchor in the restricted area.



Sec. 162.220  Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-Nev.

    (a) Lake Mead and Lake Mohave; restricted areas--(1)The areas. That 
portion of Lake Mead extending 700 feet upstreamof the axis of Hoover 
Dam and that portion of Lake Mohave (ColoradoRiver) extending 4,500 feet 
downstream of the axis of Hoover Dam.
    (2) The regulations. The restricted areas shall be closed 
tonavigation and other use by the general public. Only vessels owned 
byor controlled by the U.S. Government and the States of Arizona 
andNevada shall navigate or anchor in the restricted areas: 
Provided,however, The Regional Director, Region 3, U.S. Bureau 
ofReclamation, Boulder City, Nev., may authorize, by written 
permit,individuals or groups to navigate or anchor in the restricted 
areaswhen it is deemed in the public interest. Copies of said permits 
mustbe furnished to the enforcing agencies.
    (b) Lake Mead; speed regulation. In that portion of LakeMead 
extending 300 feet upstream of the restricted area described inparagraph 
(a) of this section, a maximum speed of 5 miles per hourshall not be 
exceeded.
    (c) Supervision. The regulations in this section shall besupervised 
by the District Commander, Eleventh Coast Guard District.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byUSCG-2008-0179, 
73 FR 35016, June 19, 2008]



Sec. 162.225  Columbia and Willamette Rivers, Washington and Oregon;administration and navigation.

    (a) Supervision. The District Commander, Thirteenth CoastGuard 
District, has certain administrative supervision over theColumbia and 
Willamette Rivers, and is charged with the enforcementunder his 
direction of emergency regulations to govern navigation ofthese streams.
    (b) Speed. During very high water stages (usually 25 feet ormore on 
the Vancouver, Washington, gage) when lives, floating plant ormajor 
shore installations are endangered, the District Commander shallhave 
authority to prescribe such temporary speed regulations as he maydeem 
necessary for the public safety. During critical periods offreshets 
under 25 feet on the Vancouver, Washington, gage whenconstruction is in 
progress, rehabilitation, or other unusualemergency makes a major shore 
installation susceptible to loss ormajor damage from wave action, the 
District Commander shall haveauthority to prescribe for a particular 
limited reach of the river asappropriate such temporary speed 
regulations as he may deem necessaryto protect the integrity of such 
structure. All speed regulationsprescribed by the District Commander 
shall be obeyed for the durationof the emergency and shall be terminated 
at the earliest practicabletime that improved stream conditions permit.



Sec. 162.230  Columbia River, Wash.

    (a) Grand Coulee Dam discharge channel; restrictedarea--(1) The 
area. That portion of the Columbia Riverbetween Grand Coulee Dam 
(situated at river mile 596.6) and river mile593.7.
    (2) The regulations. (i) No vessel shall enter or navigatewithin the 
area without permission from the enforcing agency.
    (ii) The regulation in this section shall be enforced by theChief, 
Power Field Division, Columbia Basin Project, U.S. Departmentof the 
Interior, Coulee Dam, Washington.



Sec. 162.235  Puget Sound Area, Wash.

    (a) Waterway connecting Port Townsend and Oak Bay; 
use,administration, and navigation--(1) Works to whichregulations apply. 
The ``canal grounds'' when used inthis paragraph shall mean that area 
between the south end of thejetties in Oak Bay and the northerly end of 
the dredge channelapproximately 400 yards northwest of Port Townsend 
Canal Light. The``canal'' is the water lying between these limits and 
thebanks containing the same.

[[Page 626]]

    (2) Speed. The speed limit within the canal groundsshall not exceed 
five miles per hour.
    (3) Signals. All boats desiring to use the canal shall giveone long 
and one short whistle. Southbound boats shall sound thesignal within 600 
yards of Port Townsend Canal Light. Northbound boatsshall sound this 
signal at least 500 feet south from the end of thejetties in Oak bay. If 
no other boat answers the signal the first boatshall have the right of 
way through the canal. Any approaching boatthat is in the canal shall 
answer by giving the same signal and thefirst boat shall not enter the 
canal until the second boat shall havepassed through the canal. In the 
case of boats going in the samedirection the boat which is in the canal 
shall not answer the signalof the boat desiring to enter.
    (4) Passing. Steamers shall not under any circumstancesattempt to 
pass each other in the canal, either when going in the sameor opposite 
directions.
    (5) Anchoring. No steamers or boats shall anchor or tie upwithin the 
canal grounds unless they are well over on the tide flatsto the west of 
the dredged channel, and off the right of way belongingto the United 
States.
    (6) Tows. No tow shall enter or pass through the canal witha towline 
more than 200 feet in length.
    (7) Delaying traffic. No person shall cause or permit anyvessel or 
boat of which he is in charge, or on which he is employed,to obstruct 
the canal in any way or delay in passing through it.
    (b) West Waterway, Seattle Harbor; navigation. (1) Themovement of 
vessels of 250 gross tons or over and all vessels withtows of any kind 
through the narrow section of West Waterway betweenthe bend at Fisher's 
Flour Mill dock and the bend at the junction ofEast Waterway with 
Duwamish Waterway, and through the draws of theCity of Seattle and 
Northern Pacific Railway Company bridges crossingthis narrow section, 
shall be governed by red and green traffic signallights mounted on the 
north and south sides of the west tower of theCity Light power crossing 
at West Spokane Street.
    (2) Two green lights, one vertically above the other, displayedahead 
of a vessel, shall indicate that the waterway is clear. Two redlights, 
one vertically above the other, displayed ahead of a vessel,shall 
indicate that the waterway is not clear.
    (3) A vessel approaching the narrow section and drawbridges 
fromeither end of the waterway shall give one long blast of a whistle 
andshall not enter the narrow section until green lights are displayed.
    (4) One vessel may follow another vessel in either direction, butthe 
channel shall not be kept open in the same direction for anunreasonable 
time if a vessel is waiting at the other end.
    (5) Tugs, launches, and small craft shall keep close to one sideof 
the channel when vessels or boats with tows are passing.
    (6) All craft shall proceed with caution. The display of a 
greenlight is not a guarantee that the channel is clear of traffic, 
andneither the United States nor the City of Seattle will be 
responsiblefor any damage to vessels or other property which may be 
chargeable tomistakes in the operation of the signal lights or to their 
failure tooperate.
    Note: The Corps of Engineers also has regulations dealingwith this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byUSCG-2008-0179, 
73 FR 35016, June 19, 2008]



Sec. 162.240  Tongass Narrows, Alaska; navigation.

    (a) Definitions. The term ``Tongass Narrows''includes the body of 
water lying between Revillagigedo Channel andGuard Island in Clarence 
Strait.
    (b) No vessel, except for public law enforcement and 
emergencyresponse vessels, floatplanes during landings and take-offs, 
andvessels of 23 feet registered length or less, shall exceed a speed 
of7 knots in the region of Tongass Narrows bounded to the north 
byTongass Narrows Buoy 9 and to the south by Tongass Narrows EastChannel 
Regulatory marker at position 55[deg]19[min]22.0[sec] 
N,131[deg]36[min]40.5[sec] W and Tongass Narrows West ChannelRegulatory 
marker at position 55[deg]19[min]28.5[sec] N,131[deg]39[min]09.7[sec] W, 
respectively.
    (c) No vessel shall while moored or at anchor, or by slow passageor 
otherwise while underway, unreasonably obstruct

[[Page 627]]

the freepassage and progress of other vessels.
    (d) No vessel shall moor or anchor to any structure of the 
UnitedStates other than mooring piers, wharves, and floats without 
theconsent of the Commander, Sector Juneau.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 77-217, 43 FR 
60458, Dec. 28, 1978; CGD 82-039, 47FR 27266, June 24, 1982; USCG-1998-
3799, 63 FR 35532,June 30, 1998; CGD17-99-002, 64 FR 29557, June 2, 
1999,64 FR 32103, June 15, 1999; CGD 17-99-002, 65 FR 18245,Apr. 7, 
2000; USCG-2006-25556, 72 FR 36328, July 2,2007; USCG-2008-0179, 73 FR 
35016, June 19, 2008]



Sec. 162.245  Kenai River, Kenai, Alaska; use, administration, and navigation.

    (a) The area. The main channel area of the river, having awidth of 
150 feet, beginning at a point directly offshore from thecenterline of 
the city dock and extending about 2,200 feet upstream toa point 200 feet 
upstream from the Inlet Co. dock.
    (b) The regulations. (1) Vessels may navigate, anchor, ormoor within 
the area until such time as notification is received orobservation is 
made of intended passage to or from the docking areas.
    (2) Notice of anticipated passage of towboats and barges shall 
beindicated 24 hours in advance by display of a red flag by the InletCo. 
from its warehouse.



Sec. 162.250  Port Alexander, Alaska; speed of vessels.

    (a) Definition. The term ``Port Alexander''includes the entire inlet 
from its head to its entrance from ChathamStrait.
    (b) Speed. The speed of all vessels of 5 tons or more gross,ships 
register, shall not exceed 3 miles per hour either in entering,leaving, 
or navigating within Port Alexander, Alaska.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 82-039, 47 FR 
27266, June 24, 1982]



Sec. 162.255  Wrangell Narrows, Alaska; use, administration, and navigation.

    (a) Definitions. (1) The term ``WrangellNarrows'' includes the 
entire body of water between WrangellNarrows North Entrance Lighted Bell 
Buoy 63 and Midway Rock Light.
    (2) The term ``raft section'' refers to a standardraft of logs or 
piling securely fastened together for long towing inAlaska inland waters 
in the manner customary with the local logginginterests, i.e., with 
booms, swifters, and tail sticks. Itnormally contains 30,000 to 70,000 
feet board measure of logs orpiling and has a width of 45 to 60 feet and 
a length of 75 to 100feet.
    (b) Speed restrictions. No vessel shall exceed a speed ofseven (7) 
knots in the vicinity of Petersburg, between WrangellNarrows Channel 
Light 58 and Wrangell Narrows Lighted Buoy 60.
    (c) Tow channel. The following route shall be taken by alltows 
passing through Wrangell Narrows when the towboat has a draft of9 feet 
or less (northbound, read down; southbound, read up):

East of Battery Islets:
    East of Tow Channel Buoy 1 TC.
    East of Tow Channel Buoy 3 TC.
    West of Tow Channel Buoy 4 TC.
East of Colorado Reef:
    East of Wrangell Narrows Channel Light 21.
    West of Wrangell Narrows Channel Lighted Buoy 25.
    East of Tow Channel Buoy 5 TC.
    East of Tow Channel Buoy 7 TC.
West of Petersburg:
    East of Wrangell Narrows Channel Light 54 Fr.
    East of Wrangell Narrows Channel Light 56 Qk FR.
    East of Wrangell Narrows Channel Light 58 Fr., thence proceedingto 
west side of channel and leaving Wrangell Narrows by making 
passagebetween Wrangell Narrows Channel Daybeacon 61 and Wrangell 
NarrowsNorth Entrance Lighted Bell Buoy 63 F.

    (d) Size of tows. The maximum tows permitted shall be onepile 
driver, or three units of other towable equipment or seven raftsections.
    (e) Arrangement of tows. (1) No towline or aggregate oftowlines 
between towboat and separated pieces shall exceed 150 feet inlength.
    (2) Raft and barge tows of more than one unit shall not exceed 
65feet in width overall. Single barge tows shall not exceed 100 feet 
inwidth overall.

[[Page 628]]

    (3) Tows other than rafts shall be taken alongside thetowboat 
whenever possible.
    (f) Anchorage. Vessels may anchor in the anchorage basin inthe 
vicinity of Anchor Point. No craft or tow shall be anchored inWrangell 
Narrows in either the main ship channel or the towingchannel, nor shall 
any craft or tow be anchored so that it can swinginto either of these 
channels.
    (g) Disabled craft. Disabled craft in a condition ofabsolute 
necessity are exempt from the regulations in this section.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 82-039, 47 FR 
27266, June 24, 1982; CGD 94-026, 60FR 63624, Dec. 12, 1995]



Sec. 162.260  Channel leading to San Juan Harbor, P.R.; use, administration, andnavigation.

    (a) Steamers passing dredge engaged in improving the channel 
shallnot have a speed greater than 4 miles an hour, and the 
propellingmachinery shall be stopped when crossing the lines to the 
dredgeanchors.
    (b) Vessels using the channel shall pass the dredge on the 
sidedesignated from the dredge by the signals prescribed in paragraph 
(c)of this section.
    (c) Dredge shall display the red flag by day and four white 
lightshung in a vertical line by night to indicate the passing side.
    (d) Vessels shall not anchor on the ranges of stakes or othermarks 
placed for the guidance of the dredge, nor in such a manner asto 
obstruct the channel for passing vessels.
    (e) Vessels shall not run over or disturb stake, lanterns, orother 
marks placed for the guidance of the dredge.
    (f) Dredges working in the prosecution of the work shall notobstruct 
the channel unnecessarily.
    (g) The dredge will slack lines running across the channel fromthe 
dredge on the passing side, for passing vessels, when notified bysignal, 
with whistle or horn.
    (h) The position of anchors of the dredge shall be marked by 
buoysplainly visible to passing vessels.



Sec. 162.270  Restricted areas in vicinity of Maritime Administration ReserveFleets.

    (a) The regulations in this section shall govern the use 
andnavigation of waters in the vicinity of the following National 
DefenseReserve Fleets of the Maritime Administration, Department 
ofTransportation:
    (1) James River Reserve Fleet, Fort Eustis, Virginia.
    (2) Beaumont Reserve Fleet, Neches River near Beaumont, Texas.
    (3) Suisun Bay Reserve Fleet near Benicia, California.
    (b) No vessels or other watercraft, except those owned orcontrolled 
by the United States Government, shall cruise or anchorbetween Reserve 
Fleet units within 500 feet of the end vessels in eachReserve Fleet 
unit, or within 500 feet of the extreme units of thefleets, unless 
specific permission of do so has first been granted ineach case by the 
enforcing agency.
    (c) The regulations in this section shall be enforced by 
therespective Fleet Superintendents and such agencies as they 
maydesignate.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 86-053, 51 FR 
43742, Dec. 4, 1986]



PART 163_TOWING OF BARGES--Table of Contents




Sec.
163.01 Application.
163.05 Tows of seagoing barges within inland waters.
163.20 Bunching of tows.

    Authority: 33 U.S.C. 152, 2071; 49 CFR l.46(n).



Sec. 163.01  Application.

    (a) The regulations in this part apply to vessels navigating 
theharbors, rivers, and inland waters of the United States, except 
theGreat Lakes and their connecting and tributary waters as far east 
asMontreal, the Red River of the North, the Mississippi River and 
itstributaries above Huey P. Long Bridge, and that part of 
theAtchafalaya River above its junction with the Plaquemine-Morgan 
Cityalternate waterway.
    (b) Seagoing barges and their towing vessels shall be subject tothe 
requirements in this part under the provisions

[[Page 629]]

of section 14of the Act of May 28, 1908, as amended (sec. 14, 35 Stat. 
428, asamended; 33 U.S.C. 152). Under the provisions of section 15 of 
the Actof May 28, 1908, as amended (sec. 15, 35 Stat. 429; 33 U.S.C. 
153),the penalty for use of an unlawful towline shall be an action 
againstthe master of the towing vessel seeking the suspension or 
revocationof his license.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended byCGFR 66-59, 31 FR 
13647, Oct. 22, 1966. Redesignated by CGD81-017, 46 FR 28154, May 26, 
1981]



Sec. 163.05  Tows of seagoing barges within inland waters.

    (a) The tows of seagoing barges when navigating the inland watersof 
the United States shall be limited in length to five vessels,including 
the towing vessel or vessels.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960. Redesignatedby CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 163.20  Bunching of tows.

    (a) In all cases where tows can be bunched, it should be done.
    (b) Tows navigating in the North and East Rivers of New York mustbe 
bunched above a line drawn between Robbins Reef Light and OwlsHead, 
Brooklyn, but the quarantine anchorage and the north entrance toAmbrose 
Channel shall be avoided in the process of bunching tows.
    (c) Tows must be bunched above the mouth of the Schuylkill River,Pa.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended byCGFR 64-21, 29 FR 
5733, Apr. 30, 1964. Redesignated by CGD81-017, 46 FR 28154, May 26, 
1981]



PART 164_NAVIGATION SAFETY REGULATIONS--Table of Contents




Sec.
164.01 Applicability.
164.02 Applicability exception for foreign vessels.
164.03 Incorporation by reference.
164.11 Navigation under way: General.
164.13 Navigation underway: tankers.
164.15 Navigation bridge visibility.
164.19 Requirements for vessels at anchor.
164.25 Tests before entering or getting underway.
164.30 Charts, publications, and equipment: General.
164.33 Charts and publications.
164.35 Equipment: All vessels.
164.37 Equipment: Vessels of 10,000 gross tons or more.
164.38 Automatic radar plotting aids (ARPA).
164.39 Steering gear: Foreign tankers.
164.40 Devices to indicate speed and distance.
164.41 Electronic position fixing devices.
164.42 Rate of turn indicator.
164.43 Automatic Identification System ShipborneEquipment--Prince 
          William Sound.
164.46 Automatic Identification System (AIS).
164.51 Deviations from rules: Emergency.
164.53 Deviations from rules and reporting: Non-operatingequipment.
164.55 Deviations from rules: Continuing operation or periodof time.
164.61 Marine casualty reporting and record retention.
164.70 Definitions.
164.72 Navigational-safety equipment, charts or maps, andpublications 
          required on towing vessels.
164.74 Towline and terminal gear for towing astern.
164.76 Towline and terminal gear for towing alongside andpushing ahead.
164.78 Navigation under way: Towing vessels.
164.80 Tests, inspections, and voyage planning.
164.82 Maintenance, failure, and reporting.

    Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C.2103, 3703; 
Department of Homeland Security Delegation No. 0170.1(75). Sec. 164.13 
also issued under 46 U.S.C. 8502. Sec. 164.61 alsoissued under 46 U.S.C. 
6101.



Sec. 164.01  Applicability.

    (a) This part (except as specifically limited by this 
section)applies to each self-propelled vessel of 1600 or more gross 
tons(except as provided in paragraphs (c) and (d) of this section, or 
forforeign vessels described in Sec. 164.02) when it isoperating in the 
navigable waters of the United States except the St.Lawrence Seaway.
    (b) Sections 164.70 through 164.82 of this part apply to eachtowing 
vessel of 12 meters (39.4 feet) or more in length operating inthe 
navigable waters of the United States other than the St. LawrenceSeaway; 
except that a towing vessel is exempt from the requirements ofSec. 
164.72 if it is--
    (1) Used solely within a limited geographic area, such as afleeting-
area for barges or a commercial facility, and

[[Page 630]]

usedsolely for restricted service, such as making up or breaking up 
largertows;
    (2) Used solely for assistance towing as defined by 46 CFR 10.103;
    (3) Used solely for pollution response; or
    (4) Any other vessel exempted by the Captain of the Port (COTP).The 
COTP, upon written request, may, in writing, exempt a vessel fromSec. 
164.72 for a specified route if he or she decides thatexempting it would 
not allow its unsafe navigation under anticipatedconditions.
    (c) Provisions of Sec. Sec. 164.11(a)(2) and (c),164.30, 164.33, 
and 164.46 do not apply to warships or other vesselsowned, leased, or 
operated by the United States Government and usedonly in government 
noncommercial service when these vessels areequipped with electronic 
navigation systems that have met theapplicable agency regulations 
regarding navigation safety.
    (d) Provisions of Sec. 164.46 apply to some self-propelled vessels 
of less than 1600 gross tonnage.

[CGD 83-004, 49 FR 43466, Oct. 29, 1984, as amended byCGD 94-020, 61 FR 
35072, July 3, 1996;USCG-2000-8300, 66 FR 21864, May 2, 2001;USCG-2003-
14757, 68 FR 39367, July 1, 2003]



Sec. 164.02  Applicability exception for foreign vessels.

    (a) Except as provided in Sec. 164.46(a)(2) of thispart, including 
Sec. Sec. 164.38 and 164.39, this partdoes not apply to vessels that:
    (1) Are not destined for, or departing from, a port or placesubject 
to the jurisdiction of the United States; and
    (2) Are in:
    (i) Innocent passage through the territorial sea of the 
UnitedStates; or
    (ii) Transit through navigable waters of the United States whichform 
a part of an international strait.

[CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended byCGD 79-148, 45 FR 
54039, Aug. 14, 1980;USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 
60569,Oct. 22, 2003]



Sec. 164.03  Incorporation by reference.

    (a) Certain material is incorporated by reference into this partwith 
the approval of the Director of the Federal Register 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 change in the Federal Register and thematerial must be 
available to the public. All approved material isavailable for 
inspection at the Navigation Systems Division (CG-5413),Coast Guard 
Headquarters, 2100 Second Street, SW., Washington, DC20593-0001 and at 
the National Archives and 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. All approved material is available from 
thesources indicated in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in 
thispart and the sections affected are as follows:

American Petroleum Institute (API), 1220 L Street
 NW.,Washington, DC 20005
  API Specification 9A, Specification for Wire Rope, Section      164.74
   3,Properties and Tests for Wire and Wire Rope, May 28,
   1984......................................................
American Society for Testing and Materials (ASTM), 100
 BarrHarbor Drive, West Conshohocken, PA 19428-2959
  ASTM D4268-93, Standard Test Method for Testing FiberRopes.     164.74
Cordage Institute, 350 Lincoln Street, Hingham, MA 02043
  CIA-3, Standard Test Methods for Fiber Rope                     164.74
   IncludingStandard Terminations, Revised, June 1980........
International Electrotechnical Commission (IEC), 3, rue
 deVaremb, Geneva, Switzerland.
  IEC 61993-2, Maritime navigation and                            164.46
   radiocommunicationequipment and systems--Automatic
   identification systems (AIS)--part 2: Class A shipborne
   equipment of the universal automaticidentification system
   (AIS)--Operational and performancerequirements, methods of
   test and required test results First edition,2001-12......
International Maritime Organization (IMO), 4
 AlbertEmbankment, London SE1 7SR, U.K.
  IMO Resolution A342(IX), Recommendation on Performance          164.13
   Standardsfor Automatic Pilots, adopted November 12, 1975..

[[Page 631]]

 
  Resolution MSC.74(69), Annex 3, Recommendation on               164.46
   PerformanceStandards for a Universal Shipborne Automatic
   Identification System(AIS), adopted May 12, 1998..........
  SN/Circ.227, Guidelines for the Installation of a               164.46
   ShipborneAutomatic Identification System (AIS), dated
   January 6, 2003...........................................
  SOLAS, International Convention for Safety of Life at Sea,      164.46
   1974,and 1988 Protocol relating thereto, 2000 Amendments,
   effective Januaryand July 2002, (SOLAS 2000 Amendments)...
  Conference resolution 1, Adoption of amendments to the          164.46
   Annex tothe International Convention for the Safety of
   Life at Sea, 1974, andamendments to Chapter V of SOLAS
   1974, adopted December 12,2002............................
International Telecommunication Union Radiocommuni-
 cationBureau (ITU-R), Place de Nations CH-1211 Geneva
 20Switzerland
  (1) ITU-R Recommendation M.821, Optional Expansion of the       164.43
   DigitalSelective-Calling System for Use in the Maritime
   Mobile Service,1992.......................................
  (2) ITU-R Recommendation M.825, Characteristics of a            164.43
   TransponderSystem Using Digital Selective-Calling
   Techniques for Use with VesselTraffic Services and Ship-to-
   Ship Identification, 1992.................................
  ITU-R Recommendation M.1371-1, Technical characteristicsfor     164.46
   a universal shipborne automatic identification system
   using timedivision multiple access in the VHF maritime
   mobile band,1998-2001.....................................
Radio Technical Commission for Maritime Services,
 655Fifteenth Street, NW., Suite 300, Washington, DC 20005
  (1) RTCM Paper 12-78/DO-100, Minimum PerformanceStandards,      164.41
   Loran C Receiving Equipment, 1977.........................
  (2) RTCM Paper 194-93/SC104-STD, RTCM RecommendedStandards      164.43
   for Differential NAVSTAR GPS Service, Version 2.1,1994....
  (3) RTCM Paper 71-95/SC112-STD, RTCM RecommendedStandards       164.72
   for Marine Radar Equipment Installed on Ships of Less
   Than300 Tons Gross Tonnage, Version 1.1, October 10, 1995.
  (4) RTCM Paper 191-93/SC112-X, RTCM RecommendedStandards        164.72
   for Maritime Radar Equipment Installed on Ships of 300
   TonsGross Tonnage and Upwards, Version 1.2, December 20,
   1993......................................................
 


[CGD 91-203, 58 FR 27632, May 10, 1993, as amended byCGD 83-043, 60 FR 
24771, May 10, 1995; CGD 93-022, 60 FR51734, Oct. 3, 1995; CGD 96-026, 
61 FR 33669, June 28, 1996;CGD 94-020, 61 FR 35072, July 3, 1996;USCG-
1999-5151, 64 FR 67176, Dec. 1, 1999;USCG-2002-12471, 67 FR 41333, June 
18, 2002;USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 60569,Oct. 
22, 2003; 69 FR 18803, Apr. 9, 2004;USCG-2004-18057, 69 FR 34926, June 
23, 2004;USCG-2008-0179, 73 FR 35016, June 19, 2008]



Sec. 164.11  Navigation under way: General.

    The owner, master, or person in charge of each vessel underwayshall 
ensure that:
    (a) The wheelhouse is constantly manned by persons who:
    (1) Direct and control the movement of the vessel; and
    (2) Fix the vessel's position;
    (b) Each person performing a duty described in paragraph (a) ofthis 
section is competent to perform that duty;
    (c) The position of the vessel at each fix is plotted on a chartof 
the area and the person directing the movement of the vessel isinformed 
of the vessel's position;
    (d) Electronic and other navigational equipment, external fixedaids 
to navigation, geographic reference points, and hydrographiccontours are 
used when fixing the vessel's position;
    (e) Buoys alone are not used to fix the vessel's position;
    Note: Buoys are aids to navigation placed in approximatepositions to 
alert the mariner to hazards to navigation or to indicatethe orientation 
of a channel. Buoys may not maintain an exact positionbecause strong or 
varying currents, heavy seas, ice, and collisionswith vessels can move 
or sink them or set them adrift. Although buoysmay corroborate a 
position fixed by other means, buoys cannot be usedto fix a position: 
however, if no other aids are available, buoysalone may be used to 
establish an estimated position.
    (f) The danger of each closing visual or each closing radarcontact 
is evaluated and the person directing the movement of thevessel knows 
the evaluation;

[[Page 632]]

    (g) Rudder orders are executed as given;
    (h) Engine speed and direction orders are executed as given;
    (i) Magnetic variation and deviation and gyrocompass errors areknown 
and correctly applied by the person directing the movement ofthe vessel;
    (j) A person whom he has determined is competent to steer thevessel 
is in the wheelhouse at all times; \1\
---------------------------------------------------------------------------

    \1\ See also 46 U.S.C. 8702(d), which requires an ableseaman at the 
wheel on U.S. vessels of 100 gross tons or more innarrow or crowded 
waters during low visibility.
---------------------------------------------------------------------------

    (k) If a pilot other than a member of the vessel's crew isemployed, 
the pilot is informed of the draft, maneuveringcharacteristics, and 
peculiarities of the vessel and of any abnormalcircumstances on the 
vessel that may affect its safe navigation.
    (l) Current velocity and direction for the area to be transitedare 
known by the person directing the movement of the vessel;
    (m) Predicted set and drift are known by the person 
directingmovement of the vessel;
    (n) Tidal state for the area to be transited is known by theperson 
directing movement of the vessel;
    (o) The vessel's anchors are ready for letting go;
    (p) The person directing the movement of the vessel sets thevessel's 
speed with consideration for:
    (1) The prevailing visibility and weather conditions;
    (2) The proximity of the vessel to fixed shore and marinestructures;
    (3) The tendency of the vessel underway to squat and 
sufferimpairment of maneuverability when there is small underkeel 
clearance;
    (4) The comparative proportions of the vessel and the channel;
    (5) The density of marine traffic;
    (6) The damage that might be caused by the vessel's wake;
    (7) The strength and direction of the current; and
    (8) Any local vessel speed limit;
    (q) The tests required by Sec. 164.25 are made andrecorded in the 
vessel's log; and
    (r) The equipment required by this part is maintained in 
operablecondition.
    (s) Upon entering U.S. waters, the steering wheel or lever on 
thenavigating bridge is operated to determine if the steering 
equipmentis operating properly under manual control, unless the vessel 
has beensteered under manual control from the navigating bridge within 
thepreceding 2 hours, except when operating on the Great Lakes and 
theirconnecting and tributary waters.
    (t) At least two of the steering-gear power units on the vesselare 
in operation when such units are capable of simultaneousoperation, 
except when the vessel is sailing on the Great Lakes andtheir connecting 
and tributary waters, and except as required byparagraph (u) of this 
section.
    (u) On each passenger vessel meeting the requirements of 
theInternational Convention for the Safety of Life at Sea, 1960 
(SOLAS60) and on each cargo vessel meeting the requirements of SOLAS 74 
asamended in 1981, the number of steering-gear power units necessary 
tomove the rudder from 35[deg] on either side to 30[deg] on the otherin 
not more than 28 seconds must be in simultaneous operation.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended byCGD 83-004, 49 FR 
43466, Oct. 29, 1984; CGD 91-203, 58FR 27633, May 10, 1993; CGD 83-043, 
60 FR 24771, May 10, 1995]



Sec. 164.13  Navigation underway: tankers.

    (a) As used in this section, ``tanker'' means a self-propelled tank 
vessel, including integrated tug barge combinations,constructed or 
adapted primarily to carry oil or hazardous material inbulk in the cargo 
spaces and inspected and certificated as a tanker.
    (b) Each tanker must have an engineering watch capable ofmonitoring 
the propulsion system, communicating with the bridge, andimplementing 
manual control measures immediately when necessary. Thewatch must be 
physically present in the machinery spaces or in themain control space 
and must consist of at least a licensed engineer.
    (c) Each tanker must navigate with at least two licensed 
deckofficers on watch on the bridge, one of whom may be a pilot. In 
waterswhere a pilot is required, the second officer, must be an 
individuallicensed and assigned to the vessel as master, mate, or 
officer in

[[Page 633]]

charge of a navigational watch, who is separate and distinct fromthe 
pilot.
    (d) Except as specified in paragraph (e) of this section, a 
tankermay operate with an auto pilot engaged only if all of the 
followingconditions exist:
    (1) The operation and performance of the automatic pilot 
conformswith the standards recommended by the International 
MaritimeOrganization in IMO Resolution A.342(IX).
    (2) A qualified helmsman is present at the helm and prepared atall 
times to assume manual control.
    (3) The tanker is not operating in any of the following areas:
    (i) The areas of the traffic separation schemes specified 
insubchapter P of this chapter.
    (ii) The portions of a shipping safety fairway specified in part166 
of this chapter.
    (iii) An anchorage ground specified in part 110 of this chapter.
    (iv) An area within one-half nautical mile of any U.S. shore.
    (e) A tanker equipped with an integrated navigation system, 
andcomplying with paragraph (d)(2) of this section, may use the 
systemwith the auto pilot engaged while in the areas described in 
paragraphs(d)(3) (i) and (ii) of this section. The master shall provide, 
uponrequest, documentation showing that the integrated 
navigationsystem--
    (1) Can maintain a predetermined trackline with a cross trackerror 
of less than 10 meters 95 percent of the time;
    (2) Provides continuous position data accurate to within 20 meters95 
percent of the time; and
    (3) Has an immediate override control.

[CGD 91-203, 58 FR 27633, May 10, 1993, as amended byCGD 91-203, 58 FR 
36141, July 6, 1993]



Sec. 164.15  Navigation bridge visibility.

    (a) The arrangement of cargo, cargo gear, and trim of all 
vesselsentering or departing from U.S. ports must be such that the field 
ofvision from the navigation bridge conforms as closely as possible 
tothe following requirements:
    (1) From the conning position, the view of the sea surface mustnot 
be obscured by more than the lesser of two ship lengths or 500meters 
(1640 feet) from dead ahead to 10 degrees on either side of thevessel. 
Within this arc of visibility any blind sector caused bycargo, cargo 
gear, or other permanent obstruction must not exceed 5degrees.
    (2) From the conning position, the horizontal field of vision 
mustextend over an arc from at least 22.5 degrees abaft the beam on 
oneside of the vessel, through dead ahead, to at least 22.5 degrees 
abaftthe beam on the other side of the vessel. Blind sectors forward of 
thebeam caused by cargo, cargo gear, or other permanent obstruction 
mustnot exceed 10 degrees each, nor total more than 20 degrees, 
includingany blind sector within the arc of visibility described in 
paragraph(a)(1) of this section.
    (3) From each bridge wing, the field of vision must extend over 
anarc from at least 45 degrees on the opposite bow, through dead 
ahead,to at least dead astern.
    (4) From the main steering position, the field of vision mustextend 
over an arc from dead ahead to at least 60 degrees on eitherside of the 
vessel.
    (b) A clear view must be provided through at least two frontwindows 
at all times regardless of weather conditions.

[CGD 85-099, 55 FR 32247, Aug. 8, 1990, as amended byUSCG-2006-25150, 71 
FR 39211, July 12, 2006]



Sec. 164.19  Requirements for vessels at anchor.

    The master or person in charge of each vessel that is anchoredshall 
ensure that:
    (a) A proper anchor watch is maintained;
    (b) Procedures are followed to detect a dragging anchor; and
    (c) Whenever weather, tide, or current conditions are likely tocause 
the vessel's anchor to drag, action is taken to ensure thesafety of the 
vessel, structures, and other vessels, such as beingready to veer chain, 
let go a second anchor, or get underway using thevessel's own propulsion 
or tug assistance.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]

[[Page 634]]



Sec. 164.25  Tests before entering or getting underway.

    (a) Except as provided in paragraphs (b) and (c) of this sectionno 
person may cause a vessel to enter into or get underway on thenavigable 
waters of the United States unless no more than 12 hoursbefore entering 
or getting underway, the following equipment has beentested:
    (1) Primary and secondary steering gear. The test procedureincludes 
a visual inspection of the steering gear and its connectinglinkage, and, 
where applicable, the operation of the following:
    (i) Each remote steering gear control system.
    (ii) Each steering position located on the navigating bridge.
    (iii) The main steering gear from the alternative power supply, 
ifinstalled.
    (iv) Each rudder angle indicator in relation to the actualposition 
of the rudder.
    (v) Each remote steering gear control system power failure alarm.
    (vi) Each remote steering gear power unit failure alarm.
    (vii) The full movement of the rudder to the required capabilitiesof 
the steering gear.
    (2) All internal vessel control communications and vessel 
controlalarms.
    (3) Standby or emergency generator, for as long as necessary toshow 
proper functioning, including steady state temperature andpressure 
readings.
    (4) Storage batteries for emergency lighting and power systems 
invessel control and propulsion machinery spaces.
    (5) Main propulsion machinery, ahead and astern.
    (b) Vessels navigating on the Great Lakes and their connecting 
andtributary waters, having once completed the test requirements of 
thissubpart, are considered to remain in compliance until arriving at 
thenext port of call on the Great Lakes.
    (c) Vessels entering the Great Lakes from the St. Lawrence Seawayare 
considered to be in compliance with this sub-part if the requiredtests 
are conducted preparatory to or during the passage of the St.Lawrence 
Seaway or within one hour of passing Wolfe Island.
    (d) No vessel may enter, or be operated on the navigable waters 
ofthe United States unless the emergency steering drill described 
belowhas been conducted within 48 hours prior to entry and logged in 
thevessel logbook, unless the drill is conducted and logged on a 
regularbasis at least once every three months. This drill must include 
at aminimum the following:
    (1) Operation of the main steering gear from within the steeringgear 
compartment.
    (2) Operation of the means of communications between thenavigating 
bridge and the steering compartment.
    (3) Operation of the alternative power supply for the steeringgear 
if the vessel is so equipped.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))

[CGD 77-183, 45 FR 18925, Mar. 24, 1980, as amended byCGD 83-004, 49 FR 
43466, Oct. 29, 1984]



Sec. 164.30  Charts, publications, and equipment: General.

    No person may operate or cause the operation of a vessel unlessthe 
vessel has the marine charts, publications, and equipment asrequired by 
Sec. Sec. 164.33 through 164.41 of this part.

[CGD 82-055, 48 FR 44535, Sept. 29, 1983]



Sec. 164.33  Charts and publications.

    (a) Each vessel must have the following:
    (1) Marine charts of the area to be transited, published by 
theNational Ocean Service, U.S. Army Corps of Engineers, or a 
riverauthority that--
    (i) Are of a large enough scale and have enough detail to makesafe 
navigation of the area possible; and
    (ii) Are currently corrected.
    (2) For the area to be transited, a currently corrected copy of,or 
applicable currently corrected extract from, each of the 
followingpublications:
    (i) U.S. Coast Pilot.
    (ii) Coast Guard Light List.
    (3) For the area to be transited, the current edition of, 
orapplicable current extract from:
    (i) Tide tables published by private entities using data providedby 
the National Ocean Service.

[[Page 635]]

    (ii) Tidal current tables published by private entities usingdata 
provided by the National Ocean Service, or river currentpublication 
issued by the U.S. Army Corps of Engineers, or a riverauthority.
    (b) As an alternative to the requirements for paragraph (a) ofthis 
section, a marine chart or publication, or applicable extract,published 
by a foreign government may be substituted for a U.S. chartand 
publication required by this section. The chart must be of largeenough 
scale and have enough detail to make safe navigation of thearea 
possible, and must be currently corrected. The publication, orapplicable 
extract, must singly or in combination contain similarinformation to the 
U.S. Government publication to make safe navigationof the area possible. 
The publication, or applicable extract must becurrently corrected, with 
the exceptions of tide and tidal currenttables, which must be the 
current editions.
    (c) As used in this section, ``currently corrected''means corrected 
with changes contained in all Notices to Marinerspublished by the 
National Imagery and Mapping Agency, or an equivalentforeign government 
publication, reasonably available to the vessel,and that is applicable 
to the vessel's transit.

[CGD 82-055, 48 FR 44535, Sept. 29, 1983, as amended byUSCG-2001-9286, 
66 FR 33641, June 25, 2001]



Sec. 164.35  Equipment: All vessels.

    Each vessel must have the following:
    (a) A marine radar system for surface navigation.
    (b) An illuminated magnetic steering compass, mounted in abinnacle, 
that can be read at the vessel's main steering stand.
    (c) A current magnetic compass deviation table or graph or 
compasscomparison record for the steering compass, in the wheelhouse.
    (d) A gyrocompass.
    (e) An illuminated repeater for the gyrocompass required byparagraph 
(d) of this section that is at the main steering stand,unless that 
gyrocompass is illuminated and is at the main steeringstand.
    (f) An illuminated rudder angle indicator in the wheelhouse.
    (g) The following maneuvering information prominently displayed ona 
fact sheet in the wheelhouse:
    (1) A turning circle diagram to port and starboard that shows 
thetime and distance and advance and transfer required to alter course 
90degrees with maximum rudder angle and constant power settings, 
foreither full and half speeds, or for full and slow speeds. For 
vesselswhose turning circles are essentially the same for both 
directions, adiagram showing a turning circle in one direction, with a 
note on thediagram stating that turns to port and starboard are 
essentially thesame, may be substituted.
    (2) The time and distance to stop the vessel from either full 
andhalf speeds, or from full and slow speeds, while 
maintainingapproximately the initial heading with minimum application of 
therudder.
    (3) For each vessel with a fixed propeller, a table of 
shaftrevolutions per minute for a representative range of speeds.
    (4) For each vessel with a controllable pitch propeller, a tableof 
control settings for a representative range of speeds.
    (5) For each vessel that is fitted with an auxiliary device toassist 
in maneuvering, such as a bow thruster, a table of vesselspeeds at which 
the auxiliary device is effective in maneuvering thevessel.
    (6) The maneuvering information for the normal load and 
normalballast condition for:
    (i) Calm weather--wind 10 knots or less, calm sea;
    (ii) No current;
    (iii) Deep water conditions--water depth twice the vessel'sdraft or 
greater; and
    (iv) Clean hull.
    (7) At the bottom of the fact sheet, the following statement:

                                 warning

    The response of the (name of the vessel) may be different fromthat 
listed above if any of the following conditions, upon which 
themaneuvering information is based, are varied:
    (1) Calm weather--wind 10 knots or less, calm sea;
    (2) No current;

[[Page 636]]

    (3) Water depth twice the vessel's draft or greater;
    (4) Clean hull; and
    (5) Intermediate drafts or unusual trim.

    (h) An echo depth sounding device.
    (i) A device that can continuously record the depth readings ofthe 
vessel's echo depth sounding device, except when operating on theGreat 
Lakes and their connecting and tributary waters.
    (j) Equipment on the bridge for plotting relative motion.
    (k) Simple operating instructions with a block diagram, showingthe 
change-over procedures for remote steering gear control systemsand 
steering gear power units, permanently displayed on the navigatingbridge 
and in the steering gear compartment.
    (l) An indicator readable from the centerline conning 
positionshowing the rate of revolution of each propeller, except 
whenoperating on the Great Lakes and their connecting and 
tributarywaters.
    (m) If fitted with controllable pitch propellers, an 
indicatorreadable from the centerline conning position showing the pitch 
andoperational mode of such propellers, except when operating on 
theGreat Lakes and their connecting and tributary waters.
    (n) If fitted with lateral thrust propellers, an indicatorreadable 
from the centerline conning position showing the directionand amount of 
thrust of such propellers, except when operating on theGreat Lakes and 
their connecting and tributary waters.
    (o) A telephone or other means of communication for relayingheadings 
to the emergency steering station. Also, each vessel of 500gross tons 
and over and constructed on or after June 9, 1995 must beprovided with 
arrangements for supplying visual compass-readings tothe emergency 
steering station.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))

[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended byCGD 77-183, 45 FR 
18925, Mar. 24, 1980; CGD 83-004, 49FR 43466, Oct. 29, 1984; CGD 83-043, 
60 FR 24771, May 10, 1995;60 FR 28834, June 2, 1995]



Sec. 164.37  Equipment: Vessels of 10,000 gross tons or more.

    (a) Each vessel of 10,000 gross tons or more must have, inaddition 
to the radar system under Sec. 164.35(a), a secondmarine radar system 
that operates independently of the first.
    Note: Independent operation means two completely separatesystems, 
from separate branch power supply circuits or distributionpanels to 
antennas, so that failure of any component of one systemwill not render 
the other system inoperative.
    (b) On each tanker of 10,000 gross tons or more that is subject to46 
U.S.C. 3708, the dual radar system required by this part must havea 
short range capability and a long range capability; and each radarmust 
have true north features consisting of a display that isstabilized in 
azimuth.

(Titles I and II, 86 Stat. 426, 427 (33 U.S.C. 1224; 46 U.S.C.391(a); 49 
CFR 1.46(n)(4))

[CGD 77-016, 43 FR 32112, July 24, 1978, as amended byCGD 79-033, 44 FR 
26741, May 7, 1979; CGD 79-033, 47 FR34389, Aug. 9, 1982; USCG-1998-
3799, 63 FR 35532, June30, 1998]



Sec. 164.38  Automatic radar plotting aids (ARPA).

    (a) The following definitions are used in this section--
    Bulk means material in any quantity that is shipped, stored,or 
handled without benefit of package, label, mark or count andcarried in 
integral or fixed independent tanks.
    Constructed means a stage of construction where--
    (1) The keel is laid;
    (2) Construction identifiable with a specific ship begins; or
    (3) Assembly of that ship has commenced comprising at least 50tons 
or 1 percent of the estimated mass of all structural material,whichever 
is less.
    Hazardous material means--
    (1) A flammable liquid as defined in 46 CFR 30.10-22 or acombustible 
liquid as defined in 46 CFR 30.10-15;
    (2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of46 
CFR 153, or table 4 of 46 CFR Part 154; or
    (3) A liquid, liquefied gas, or compressed gas listed in 49 
CFR172.101.
    Self-propelled vessel includes those combinations of pushingvessel 
and vessel being pushed ahead which are rigidly connected in acomposite 
unit

[[Page 637]]

and are required by Rule 24(b) of theInternational Regulations for 
Preventing Collisions at Sea, 1972 (72COLREGS) (App. A to 33 CFR Part 
81) to exhibit the lights prescribedin Rule 23 for a ``Power Driven 
Vessel Underway''.
    Tank vessel means a vessel that is constructed or adapted tocarry; 
or carries, oil or hazardous materials in bulk as cargo orcargo residue.
    (b) An Automatic Radar Plotting Aid (ARPA) that complies with 
thestandard for such devices adopted by the International 
MaritimeOrganization in its ``Operational Standards for Automatic 
RadarPlotting Aids'' (Appendix A), and that has both audible andvisual 
alarms, must be installed as follows:
    (1) Each self-propelled vessel, except a public vessel, of 
10,000gross tons or more carrying oil or hazardous materials in bulk 
ascargo or in residue on the navigable waters of the United States, 
orwhich transfers oil or hazardous materials in any port or placesubject 
to the jurisdiction of the United States, must be equippedwith an ARPA.
    (2) Each tank vessel of 10,000 gross tons or more operating on 
thenavigable waters of the United States must be equipped with an ARPA.
    (3) Each self-propelled vessel of 15,000 gross tons or more thatis 
not a tank vessel, and is not carrying oil or hazardous material inbulk 
as cargo or in residue operating on the navigable waters of theUnited 
States, and was constructed before September 1, 1984, must beequipped 
with an ARPA, except when it is operating on the Great Lakesand their 
connecting and tributary waters.
    (4) Each vessel of 10,000 gross tons or more, except whenoperating 
on the Great Lakes and their connecting and tributarywaters, constructed 
on or after September 1, 1984 must be equippedwith an ARPA.
    (c) [Reserved]
    (d)(1) Each device required under paragraph (b) of this sectionmust 
have a permanently affixed label containing:
    (i) The name and address of the manufacturer; and
    (ii) The following statement:
    ``This device was designed and manufactured to comply withthe 
International Maritime Organization (IMO) `PerformanceStandards for 
Automatic Radar Plotting Aids(ARPA).' ''
    (2) Each device allowed under paragraph (c) of this section musthave 
a permanently affixed label containing;
    (i) The name and address of the manufacturer; and
    (ii) The following statement:
    ``This device was designed and manufactured to comply withthe U.S. 
Maritime Administration's `Collision Avoidance SystemSpecification.' ''

  Appendix A to Sec. 164.38--Performance StandardsFor Automatic Radar 
                          Plotting Aids (ARPA)

                             1 Introduction

    1.1 The Automatic Radar Plotting Aids (ARPA) should, inorder to 
improve the standard of collision avoidance at sea:
    .1 Reduce the work-load of observers by enabling them 
toautomatically obtain information so that they can perform as well 
withmultiple targets as they can by manually plotting a single target; 
and
    .2 Provide continuous, accurate and rapid situationevaluation.

    1.2 In addition to the General Requirements for 
ElectronicNavigational Aids ([IMO] Res. A.281(VII)), the ARPA should 
comply withthe following minimum performance standards.

                              2 Definitions

    2.1 Definitions of terms in these performance standards aregiven in 
Annex 1.

                         3 Performance Standards

    3.1 Detection
    3.1.1 Where a separate facility is provided for detection oftargets, 
other than by the radar observer, it should have aperformance not 
inferior to that which could be obtained by the use ofthe radar display.
    3.2 Acquisition
    3.2.1 Target acquisition may be manual or automatic.However, there 
should always be a facility to provide for manualacquisition and 
cancellation. ARPA with automatic acquisition shouldhave a facility to 
suppress acquisition in certain areas. On any rangescale where 
acquisition is suppressed over a certain area, the area ofacquisition 
should be indicated on the display.
    3.2.2 Automatic or manual acquisition should have aperformance not 
inferior to that which could be obtained by the userof the radar 
display.
    3.3 Tracking

[[Page 638]]

    3.3.1 The ARPA should be able to automatically track,process, 
simultaneously display and continuously update theinformation on at 
least:

    .1 20 targets, if automatic acquisition is provided, 
whetherautomatically or manually acquired; or
    .2 10 targets, if only manual acquisition is provided.

    3.3.2 If automatic acquisition is provided, description ofthe 
criteria of selection of targets for tracking should be providedto the 
user. If the ARPA does not track all targets visible on thedisplay, 
targets which are being tracked should be clearly indicatedon the 
display. The reliability of tracking should not be less thanthat 
obtainable using manual recording of successive target positionsobtained 
from the radar display.
    3.3.3 Provided the target is not subject to target swop, theARPA 
should continue to track an acquired target which is 
clearlydistinguishable on the display for 5 out of 10 consecutive scans.
    3.3.4 The possibility of tracking errors, including targetswop, 
should be minimized by ARPA design. A qualitative description ofthe 
effects of error sources on the automatic tracking andcorresponding 
errors should be provided to the user, including theeffects of low 
signal to noise and low signal to clutter ratios causedby sea returns, 
rain, snow, low clouds and non-synchronous emission.
    3.3.5 The ARPA should be able to display on request at leastfour 
equally time-spaced past positions of any targets being trackedover a 
period of at least eight minutes.
    3.4 Display
    3.4.1 The Display may be a separate or integral part of theship's 
radar. However, the ARPA display should include all the datarequired to 
be provided by a radar display in accordance with theperformance 
standards for navigational radar equipment adopted by theOrganization.
    3.4.2 The design should be such that any malfunction of ARPA 
partsproducing information additional to information to be produced by 
theradar as required by the performance standards for 
navigationalequipment adopted by IMO should not affect the integrity of 
the basicradar presentation.
    3.4.3 The display on which ARPA information is presented shouldhave 
an effective diameter of at least 340 mm.
    3.4.4 The ARPA facilities should be available on at leastthe 
following range scales:

    .1 12 or 16 miles;
    .2 3 or 4 miles.

    3.4.5 There should be a positive indication of the rangescale in 
use.
    3.4.6 The ARPA should be capable of operating with arelative motion 
display with ``north-up'' and either``head-up'' or ``course-up'' 
azimuthstabilization. In addition, the ARPA may also provide for a 
truemotion display. If true motion is provided, the operator should 
beable to select for his display either true or relative motion. 
Thereshould be a positive indication of the display mode and orientation 
inuse.
    3.4.7 The course and speed information generated by the ARPAfor 
acquired targets should be displayed in a vector or graphic formwhich 
clearly indicates the target's predicted motion. In this regard:

    .1 ARPA presenting predicted information in vector form onlyshould 
have the option of both true and relative vectors;
    .2 An ARPA which is capable of presenting target course andspeed 
information in graphic form, should also, on request, providethe 
target's true and/or relative vector;
    .3 Vectors displayed should be either time adjustable orhave a fixed 
time-scale;
    .4 A positive indication of the time-scale of the vector inuse 
should be given.

    3.4.8 The ARPA information should not obscure radarinformation in 
such a manner as to degrade the process of detectingtargets. The display 
of ARPA data should be under the control of theradar observer. It should 
be possible to cancel the display ofunwanted ARPA data.
    3.4.9 Means should be provided to adjust independently thebrilliance 
of the ARPA data and radar data, including completeelimination of the 
ARPA data.
    3.4.10 The method of presentation should ensure that theARPA data is 
clearly visible in general to more than one observer inthe conditions of 
light normally experienced on the bridge of a shipby day and by night. 
Screening may be provided to shade the displayfrom sunlight but not to 
the extent that it will impair the observer'sability to maintain a 
proper lookout. Facilities to adjust thebrightness should be provided.
    3.4.11 Provisions should be made to obtain quickly the rangeand 
bearing of any object which appears on the ARPA display.
    3.4.12 When a target appears on the radar display and, inthe case of 
automatic acquisition, enters within the acquisition areachosen by the 
observer or, in the case of manual acquisition, has beenacquired by the 
observer, the ARPA should present in a period of notmore than one minute 
an indication of the target's motion trend anddisplay within three 
minutes the target's predicted motion inaccordance with paragraphs 
3.4.7, 3.6, 3.8.2 and 3.8.3.
    3.4.13 After changing range scales on which the ARPAfacilities are 
available or resetting the display, full plottinginformation should be 
displayed within a period of time not exceedingfour scans.
    3.5 Operational Warnings
    3.5.1 The ARPA should have the capability to warn theobserver with a 
visual and/or audible signal of any distinguishabletarget which closes 
to a range or transits a zone

[[Page 639]]

chosen by theobserver. The target causing the warning should be clearly 
indicatedon the display.
    3.5.2 The ARPA should have the capability to warn theobserver with a 
visual and/or audible signal of any tracked targetwhich is predicted to 
close to within a minimum range and time chosenby the observer. The 
target causing the warning should be clearlyindicated on the display.
    3.5.3 The ARPA should clearly indicate if a tracked targetis lost, 
other than out of range, and the target's last trackedposition should be 
clearly indicated on the display.
    3.5.4 It should be possible to activate or de-activate 
theoperational warnings.
    3.6 Data Requirements
    3.6.1 At the request of the observer the followinginformation should 
be immediately available from the ARPA inalphanumeric form in regard to 
any tracked target:

1. Present range to the target;
2. Present bearing of the target;.
.3 Predicted target range at the closest point of approach(CPA);
.4 Predicted time to CPA (TCPA);
.5 Calculated true course of target;
.6 Calculated true speed of target.
    3.7 Trial Manoeuvre
    3.7.1 The ARPA should be capable of simulating the effect onall 
tracked targets of an own ship manoeuvre without interrupting 
theupdating of target information. The simulation should be initiated 
bythe depression either of a spring-loaded switch, or of a function 
key,with a positive identification on the display.
    3.8 Accuracy
    3.8.1 The ARPA should provide accuracies not less than thosegiven in 
paragraphs 3.8.2 and 3.8.3 for the four scenarios defined inAnnex 2. 
With the sensor errors specified in Annex 3, the values givenrelate to 
the best possible manual plotting performance underenvironmental 
conditions of plus and minus ten degrees of roll.
    3.8.2 An ARPA should present within one minute of steadystate 
tracking the relative motion trend of a target with thefollowing 
accuracy values (95 percent probability values):

------------------------------------------------------------------------
                                                  Relative
        Scenario/data              Relative        speed      CPA (n.m.)
                               course(degrees)    (Knots)
------------------------------------------------------------------------
1............................             11            2.8          1.6
2............................              7            0.6  ...........
3............................             14            2.2          1.8
4............................             15            1.5          2.0
------------------------------------------------------------------------

    3.8.3 An ARPA should present within three minutes of steadystate 
tracking the motion of a target with the following accuracyvalues (95 
percent probability values):

----------------------------------------------------------------------------------------------------------------
                                                       Relative                              True
            Scenario/data             Relativecourse     speed      C.P.A.    TCPA(mins)    course    True speed
                                         (degrees)      (knots)     (n.m.)                 (degrees)    (knots)
----------------------------------------------------------------------------------------------------------------
1...................................           3.0           0.8         0.5         1.0         7.5         1.2
2...................................           2.3            .3  ..........  ..........         2.9          .8
3...................................           4.4            .9          .7         1.0         3.3         1.0
4...................................           4.6            .8          .7         1.0         2.6         1.2
----------------------------------------------------------------------------------------------------------------

    3.8.4 When a tracked target, or own ship, has completed amanoeuvre, 
the system should present in a period of not more than oneminute an 
indication of the target's motion trend, and display withinthree minutes 
the target's predicted motion in accordance withparagraphs 3.4.7, 3.6, 
3.8.2 and 3.8.3
    3.8.5 The ARPA should be designed in such a manner thatunder the 
most favorable conditions of own ship motion the errorcontribution from 
the ARPA should remain insignificant compared to theerrors associated 
with the input sensors, for scenarios of Annex 2.
    3.9 Connections with other equipment
    3.9.1 The ARPA should not degrade the performance of anyequipment 
providing sensor inputs. The connection of the ARPA to anyother 
equipment should not degrade the performance of that equipment.
    3.10 Performance test and warnings
    3.10.1 The ARPA should provide suitable warnings of ARPAmalfunction 
to enable the observer to monitor the proper operation ofthe system. 
Additionally test programmes should be available so thatthe overall 
performance of ARPA can be assessed periodically against aknown 
solution.
    3.11 Equipment used with ARPA
    3.11.1 Log and speed indicators providing inputs to ARPAequipment 
should be capable of providing the ship's speed through thewater.

 Annex 1 to Appendix A to Sec. 164.38--Definitionsof Terms To Be Used 
           Only in Connection With ARPA Performance Standards

    Relative course--The direction of motion of a target relatedto own 
ship as deduced from a number of measurements of its range andbearing on 
the radar. Expressed as an angular distance from North.
    Relative speed--The speed of a target related to own ship,as deduced 
from a number of measurements of its range and bearing onthe radar.

[[Page 640]]

    True course--The apparent heading of a target obtainedby the 
vectorial combination of the target's relative motion andship's own 
motion \1\. Expressed as an angular distance fromNorth.
---------------------------------------------------------------------------

    \1\ For the purpose of these definitions there is no needto 
distinguish between sea or ground stabilization.
---------------------------------------------------------------------------

    True speed--The speed of a target obtained by the 
vectorialcombination of its relative motion and own ship's motion \1\.
    Bearing--The direction of one terrestrial point fromanother. 
Expressed as an angular distance from North.
    Relative motion display--The position of own ship on such adisplay 
remains fixed.
    True motion display--The position of own ship on suchdisplay moves 
in accordance with its own motion.
    Azimuth stabilization--Own ship's compass information is fedto the 
display so that echoes of targets on the display will not becaused to 
smear by changes of own ship's heading.
/North-up--The line connecting the center with the top ofthis display is 
          North.
/Head-up--The line connecting the center with the top of thedisplay is 
          own ship heading.
/Course-up--An intended course can be set to the lineconnecting the 
          center with the top of the display.
    Heading--The direction in which the bow of a vessel ispointing. 
Expressed as an angular distance from North.
    Target's predicted motion--The indication on the display ofa liner 
extrapolation into the future of a target's motion, based onmeasurements 
of the target's range and bearing on the radar in therecent past.
    Target's motion trend--An early indication of the target'spredicted 
motion.
    Radar Plotting--The whole process of target detection,tracking, 
calculation of parameters and display of information.
    Detection--The recognition of the presence of a target.
    Acquisition--The selection of those targets requiring atracking 
procedure and the initiation of their tracking.
    Tracking--The process of observing the sequential changes inthe 
position of a target, to establish its motion.
    Display--The plan position presentation of ARPA data withradar data.
    Manual--An activity which a radar observer performs,possibly with 
assistance from a machine.
    Automatic--An activity which is performed wholly by amachine.

       Annex 2 to Appendix A to Sec. 164.38--OperationalScenarios

    For each of the following scenarios predictions are made at 
thetarget position defined after previously tracking for the 
appropriatetime of one or three minutes:

                               Scenario 1

    Own ship course--000[deg]
    Own ship speed--10 kt
    Target range--8 n.m.
    Bearing of target--000[deg]
    Relative course of target--180[deg]
    Relative speed of target--20 kt

                               Scenario 2

    Own ship course--000[deg]
    Own ship speed--10 kt
    Target range--1 n.m.
    Bearing of target--000[deg]
    Relative course of target--090[deg]
    Relative speed of target--10 kt

                               Scenario 3

    Own ship course--000[deg]
    Own ship speed--5 kt
    Target range--8 n.m.
    Bearing of target--045[deg]
    Relative course of target--225[deg]
    Relative speed of target--20 kt

                               Scenario 4

    Own ship course--000[deg]
    Own ship speed--25 kt
    Target range--8 n.m.
    Bearing of target--045[deg]
    Relative course of target--225[deg]
    Relative speed of target--20 kt

           Annex 3 to Appendix A to Sec. 164.38--SensorErrors

    The accuracy figures quoted in paragraph 3.8 are based upon 
thefollowing sensor errors and are appropriate to equipment 
complyingwith the Organization's performance standards for 
shipbornenavigational equipment.\2\
---------------------------------------------------------------------------

    \2\ In calculations leading to the accuracy figuresquoted in 
paragraph 3.8, these sensor error sources and magnitudeswere used. They 
were arrived at during discussions with nationalgovernment agencies and 
equipment manufacturers and are appropriate toequipments complying with 
the Organization's draft performancestandards for radar equipment 
(preliminary) (NAV XXII/WP.14), gyrocompasses (NAV XXI/9, Annex X) and 
logs (preliminary) (NAVXXII/WP.15).
    Independent studies carried out by national government agenciesand 
equipment manufacturers have resulted in similar accuracies, 
wherecomparisons were made.

    Note: o means ``standard deviation''

                                  Radar

    Target Glint (Scintillation) (for 200 m length target)
    Along length of target o = 30 m. (normal distribution)

[[Page 641]]

    Across beam of target o = 1 m. (normal distribution)
    Roll-Pitch Bearing. The bearing error will peak in each ofthe four 
quadrants around own ship for targets on relative bearings of045[deg], 
135[deg], 225[deg] and 315[deg] and will be zero atrelative bearings of 
0[deg], 90[deg], 180[deg] and 270[deg]. Thiserror has a sinusoidal 
variation at twice the roll frequency. For a10[deg] roll the mean error 
is 0.22[deg] with a 0.22[deg] peak sinewave superimposed.
    Beam shape--assumed normal distribution giving bearingerror with o = 
0.05.
    Pulse shape-- assumed normal distribution giving rangeerror with o = 
20 meters.
    Antenna backlash--assumed rectangular distributiongiving bearing 
error  0.5 maximum.

                              Quantization

    Bearing--rectangular distribution 0.01[deg] 
maximum.
    Range--rectangular distribution  0.01 
n.m.maximum.
    Bearing encoder assumed to be running from a remote synchro 
givingbearing errors with a normal distribution o = 0.03[deg]

                              Gyro compass

    Calibration error 0.5[deg].
    Normal distribution about this with o = 0.12[deg].

                                   Log

    Calibration error 0.5 kt.
    Normal distribution about this, 3 o = 0.2 kt.

   Appendix B to Sec. 164.38--U.S. MaritimeAdministration Collision 
                     Avoidance System Specification

    A collision system designed as a supplement to both surface 
searchnavigational radars via interswitching shall be installed. The 
systemshall provide unattended monitoring of all radar echoes and 
automaticaudio and visual alarm signals that will alert the watch 
officer of apossible threat. The display shall be contained within a 
consolecapable of being installed adjacent to the radar displays in 
thewheelhouse and may form a part of the bridge console.
    Provision for signal input from the ship's radars, gyro compass,and 
speed log, without modification to these equipments shall be made.The 
collision avoidance system, whether operating normally or havingfailed, 
must not introduce any spurious signals or otherwise degradethe 
performance of the radars, the gyro compass or the speed log.
    Computer generated display data for each acquired target shall bein 
the form of a line or vector indicating true or relative targetcourse, 
speed and both present and extrapolated future positions. Datashall be 
automatically displayed on a cathode ray tube or othersuitable display 
contrivance sufficiently bright and unobstructed topermit viewing by 
more than one person at a time.
    In addition to displaying the collision potential of the 
mostthreatening fixed and moving targets, the system shall be capable 
ofsimultaneously showing land masses.
    The system display shall include a heading indication and 
bearingring. The system shall also have the capability of allowing 
theoperator to select ``head-up'' and to cancel the vector orline 
presentation of any of the targets. The presentation shall benon-
smearing when changing modes or display scales in order to permitrapid 
evaluation of the displayed data.
    Target acquisition, for display data purposes, may be 
manual,automatic or both, as specified by Owner.
    For any manual acquisition system the alarms shall be initiated bya 
preset minimum range; and likewise for any automatic acquisitionsystem 
the alarms shall be initiated by a preset minimum acceptablepassing 
distance (CPA--Closest Point of Approach) and a presetadvance warning 
time (TCPA--Time to Closest Point of Approach).Means shall be provided 
to silence the audio alarm for a given threatbut the alarm shall resound 
upon a subsequent threat. The visual alarmshall continue to operate 
until all threats have been eliminated. Ifthe collision avoidance system 
fails to perform as indicated above,after the system is set for 
unattended monitoring, the system shallproduce both audio and visual 
warning alarms.
    The system shall be capable of simulating a trial maneuver.
    In addition to the target display, an alpha-numeric readout shallbe 
provided which can present range, bearing, course, speed, CPA andTCPA 
for any selected target, either on the target display or by otherdisplay 
means.
    The collision avoidance system shall be energized from theinterior 
communications panel board in the wheelhouse.
    The collision avoidance function may be incorporated in anintegrated 
conning system, provided that failure of any otherintegrated system 
component will not degrade the collision avoidancefunction.

[CGD 79-148, 45 FR 54039, Aug. 14, 1980; 45 FR 71800,Oct. 30, 1980, as 
amended by CGD 83-004, 49 FR 43467, Oct. 29,1984; USCG-1998-3799, 63 FR 
35532, June 30, 1998]



Sec. 164.39  Steering gear: Foreign tankers.

    (a) This section applies to each foreign tanker of 10,000 grosstons 
or more, except a public vessel, that--
    (1) Transfers oil at a port or place subject to the jurisdictionof 
the United States; or

[[Page 642]]

    (2) Otherwise enters or operates in the navigable waters ofthe 
United States, except a vessel described by Sec. 164.02of this part.
    (b) Definitions. The terms used in this section are asfollows:
    Constructed means the same as in Chapter II-1,Regulations 1.1.2 and 
1.1.3.1, of SOLAS 74.
    Existing tanker means a tanker--
    (1) For which the building contract is placed on or after June 
1,1979;
    (2) In the absence of a building contract, the keel of which islaid 
or which is at a similar stage of construction on or afterJanuary 1, 
1980;
    (3) The delivery of which occurs on or after June 1, 1982; or
    (4) That has undergone a major conversion contracted for on orafter 
June 1, 1979; or construction of which was begun on or afterJanuary 1, 
1980, or completed on or after June 1, 1982.
    Public vessel, oil, hazardous materials, and foreignvessel mean the 
same as in 46 U.S.C. 2101.
    SOLAS 74 means the International Convention for the Safetyof Life at 
Sea, 1974, as amended.
    Tanker means a self-propelled vessel defined as a tanker by46 U.S.C. 
2101(38) or as a tank vessel by 46 U.S.C. 2101(39).
    (c) Each tanker constructed on or after September 1, 1984, mustmeet 
the applicable requirements of Chapter II-1, Regulations29 and 30, of 
SOLAS 74.
    (d) Each tanker constructed before September 1, 1984, must meetthe 
requirements of Chapter II-1, Regulation 29.19, of SOLAS74.
    (e) Each tanker of 40,000 gross tons or more, constructed 
beforeSeptember 1, 1984, that does not meet the single-failure criterion 
ofChapter II-1, Regulation 29.16, of SOLAS 74, must meet therequirements 
of Chapter II-1, Regulation 29.20, of SOLAS 74.
    (f) Each tanker constructed before September 1, 1984, must meetthe 
applicable requirements of Chapter II-1, Regulations 29.14and 29.15, of 
SOLAS 74.

[CGD 83-043, 60 FR 24771, May 10, 1995]



Sec. 164.40  Devices to indicate speed and distance.

    (a) Each vessel required to be fitted with an Automatic 
RadarPlotting Aid (ARPA) under Sec. 164.38 of this part must befitted 
with a device to indicate speed and distance of the vesseleither through 
the water or over the ground.
    (b) The device must meet the following specifications:
    (1) The display must be easily readable on the bridge by day 
ornight.
    (2) Errors in the indicated speed, when the vessel is operatingfree 
from shallow water effect, and from the effects of wind, current,and 
tide, should not exceed 5 percent of the speed of the vessel, or0.5 
knot, whichever is greater.
    (3) Errors in the indicated distance run, when the vessel 
isoperating free from shallow water effect, and from the effects ofwind, 
current, and tide, should not exceed 5 percent of the distancerun of the 
vessel in one hour or 0.5 nautical mile in each hour,whichever is 
greater.

[CGD 83-004, 49 FR 43467, Oct. 29, 1984, as amended byUSCG-1998-3799, 63 
FR 35532, June 30, 1998]



Sec. 164.41  Electronic position fixing devices.

    (a) Each vessel calling at a port in the continental UnitedStates, 
including Alaska south of Cape Prince of Wales, except eachvessel owned 
or bareboat chartered and operated by the United States,or by a state or 
its political subdivision, or by a foreign nation,and not engaged in 
commerce, must have one of the following:
    (1) A Type I or II LORAN C receiver as defined in Section 
1.2(e),meeting Part 2 (Minimum Performance Standards) of the Radio 
TechnicalCommission for Marine Services (RTCM) Paper 12-78/DO-100dated 
December 20, 1977, entitled ``Minimum PerformanceStandards (MPS) Marine 
Loran-C Receiving Equipment''. Eachreceiver installed must be labeled 
with the information required underparagraph (b) of this section.
    (2) A satellite navigation receiver with:
    (i) Automatic acquisition of satellite signals after initialoperator 
settings have been entered; and
    (ii) Position updates derived from satellite information duringeach 
usable satellite pass.
    (3) A system that is found by the Commandant to meet the intent 
ofthe

[[Page 643]]

statements of availability, coverage, and accuracy for theU.S. Coastal 
Confluence Zone (CCZ) contained in the U.S.``Federal Radionavigation 
Plan'' (Report No. DOD-NO4650.4-P, I or No. DOT-TSC-RSPA-80-16, I). A 
person desiring a findingby the Commandant under this subparagraph must 
submit a writtenapplication describing the device to the Assistant 
Commandant forOperations, 2100 Second Street SW., Washington, DC 20593-
0001.After reviewing the application, the Commandant may request 
additionalinformation to establish whether or not the device meets the 
intent ofthe Federal Radionavigation Plan.
    Note: The Federal Radionavigation Plan is available from theNational 
Technical Information Service, Springfield, Va. 22161, withthe following 
Government Accession Numbers:
Vol 1, ADA 116468
Vol 2, ADA 116469
Vol 3, ADA 116470
Vol 4, ADA 116471
    (b) Each label required under paragraph (a)(1) of this sectionmust 
show the following:
    (1) The name and address of the manufacturer.
    (2) The following statement by the manufacturer:
    This receiver was designed and manufactured to meet Part 2(Minimum 
Performance Standards) of the RTCM MPS for Marine Loran-CReceiving 
Equipment.

(Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR 1.46(n)(4))

[CGD 81-081, 47 FR 58244, Dec. 30, 1982, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR33669, June 28, 1996; CGD 97-023, 
62 FR 33365, June 19, 1997;USCG-1998-3799, 63 FR 35532, June 30, 1998]



Sec. 164.42  Rate of turn indicator.

    Each vessel of 100,000 gross tons or more constructed on or 
afterSeptember 1, 1984 shall be fitted with a rate of turn indicator.

[CGD 83-004, 49 FR 43468, Oct. 29, 1984]



Sec. 164.43  Automatic Identification System Shipborne Equipment--PrinceWilliam Sound.

    (a) Until December 31, 2004, each vessel required to 
provideautomated position reports to a Vessel Traffic Service (VTS) 
underSec. 165.1704 of this subchapter must do so by an 
installedAutomatic Identification System Shipborne Equipment (AISSE) 
systemconsisting of a:
    (1) Twelve-channel all-in-view Differential Global PositioningSystem 
(dGPS) receiver;
    (2) Marine band Non-Directional Beacon receiver capable ofreceiving 
dGPS error correction messages;
    (3) VHF--FM transceiver capable of Digital Selective Calling(DSC) on 
the designated DSC frequency; and
    (4) Control unit.
    (b) An AISSE must have the following capabilities:
    (1) Use dGPS to sense the position of the vessel and determine 
thetime of the position using Universal Coordinated Time (UTC);
    (2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 
16messages, as specified in RTCM Recommended Standards for 
DifferentialNAVSTAR GPS Service in determining the required information;
    (3) Achieve a position error which is less than ten meters 
(32.8feet) 2 distance root mean square (2 drms) from the true 
NorthAmerican Datum of 1983 (NAD 83) in the position 
informationtransmitted to a VTS;
    (4) Achieve a course error of less than 0.5 degrees from truecourse 
over ground in the course information transmitted to a VTS;
    (5) Achieve a speed error of less than 0.05 knots from true 
speedover ground in the speed information transmitted to a VTS;
    (6) Receive and comply with commands broadcast from a VTS as 
DSCmessages on the designated DSC frequency;
    (7) Receive and comply with RTCM messages broadcast as minimumshift 
keying modulated medium frequency signals in the marineradiobeacon band, 
and supply the messages to the dGPS receiver;
    (8) Transmit the vessel's position, tagged with the UTC atposition 
solution, course over ground, speed over ground, and 
Lloyd'sidentification number to a VTS;
    (9) Display a visual alarm to indicate to shipboard personnel whena 
failure to receive or utilize the RTCM messages occurs;

[[Page 644]]

    (10) Display a separate visual alarm which is triggered by aVTS 
utilizing a DSC message to indicate to shipboard personnel thatthe U.S. 
Coast Guard dGPS system cannot provide the required errorcorrection 
messages; and
    (11) Display two RTCM type 16 messages, one of which must displaythe 
position error in the position error broadcast.
    (c) An AISSE is considered non-operational if it fails to meet 
therequirements of paragraph (b) of this section.
    Note: Vessel Traffic Service (VTS) areas and operatingprocedures are 
set forth in Part 161 of this chapter.

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended byCGD 97-023, 62 FR 
33365, June 19, 1997;USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 
60569,Oct. 22, 2003]



Sec. 164.46  Automatic Identification System (AIS).

    (a) The following vessels must have a properly 
installed,operational, type approved AIS as of the date specified:
    (1) Self-propelled vessels of 65 feet or more in length, otherthan 
passenger and fishing vessels, in commercial service and on 
aninternational voyage, not later than December 31, 2004.
    (2) Notwithstanding paragraph (a)(1) of this section, thefollowing, 
self-propelled vessels, that are on an international voyagemust also 
comply with SOLAS, as amended, Chapter V, regulation19.2.1.6, 19.2.4, 
and 19.2.3.5 or 19.2.5.1 as appropriate(Incorporated by reference, see 
Sec. 164.03):
    (i) Passenger vessels, of 150 gross tonnage or more, not laterthan 
July 1, 2003;
    (ii) Tankers, regardless of tonnage, not later than the firstsafety 
survey for safety equipment on or after July 1, 2003;
    (iii) Vessels, other than passenger vessels or tankers, of 
50,000gross tonnage or more, not later than July 1, 2004; and
    (iv) Vessels, other than passenger vessels or tankers, of 300gross 
tonnage or more but less than 50,000 gross tonnage, not laterthan the 
first safety survey for safety equipment on or after July 1,2004, but no 
later than December 31, 2004.
    (3) Notwithstanding paragraphs (a)(1) and (a)(2) of this section,the 
following vessels, when navigating an area denoted in table161.12(c) of 
Sec. 161.12 of this chapter, not later thanDecember 31, 2004:
    (i) Self-propelled vessels of 65 feet or more in length, otherthan 
fishing vessels and passenger vessels certificated to carry lessthan 151 
passengers-for-hire, in commercial service;
    (ii) Towing vessels of 26 feet or more in length and more than 
600horsepower, in commercial service;
    (iii) Passenger vessels certificated to carry more than 
150passengers-for-hire.

    Note to Sec. 164.46(a): ``Properlyinstalled'' refers to an 
installation using the guidelines setforth in IMO SN/Circ.227 
(incorporated by reference, seeSec. 164.03). Not all AIS units are able 
to broadcastposition, course, and speed without the input of an 
externalpositioning device (e.g. dGPS); the use of other external 
devices(e.g. transmitting heading device, gyro, rate of turn indicator) 
ishighly recommended, however, not required except as stated inSec. 
164.46(a)(2). ``Type approved'' refers toan approval by an IMO 
recognized Administration as to comply with IMOResolution MSC.74(69), 
ITU-R Recommendation M.1371-1, and IEC61993-2 (Incorporated by 
reference, see Sec. 164.03).``Length'' refers to ``registered length'' 
asdefined in 46 CFR part 69. ``Gross tonnage'' refers totonnage as 
defined under the International Convention on TonnageMeasurement of 
Ships, 1969.

    (b) The requirements for Vessel Bridge-to-Bridge radiotelephonesin 
Sec. Sec. 26.04(a) and (c), 26.05, 26.06 and 26.07 ofthis chapter also 
apply to AIS. The term ``effective operatingcondition'' used in Sec. 
26.06 of this chapterincludes accurate input and upkeep of AIS data 
fields.
    (c) The use of a portable AIS is permissible only to the extentthat 
electromagnetic interference does not affect the proper functionof 
existing navigation and communication equipment on board and suchthat 
only one AIS unit may be in operation at any one time.
    (d) The AIS Pilot Plug, on each vessel over 1,600 gross tons on 
aninternational voyage, must be available for pilot use, 
easilyaccessible from the primary conning position of the vessel, and 
near a120 Volt, AC power, 3-prong receptacle.

[USCG-2003-14757, 68 FR 60569, Oct. 22, 2003]

[[Page 645]]



Sec. 164.51  Deviations from rules: Emergency.

    Except for the requirements of Sec. 164.53(b), in anemergency, any 
person may deviate from any rule in this part to theextent necessary to 
avoid endangering persons, property, or theenvironment.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.53  Deviations from rules and reporting: Non-operating equipment.

    (a) If during a voyage any equipment required by this part 
stopsoperating properly, the person directing the movement of the 
vesselmay continue to the next port of call, subject to the directions 
ofthe District Commander or the Captain of the Port, as provided by 
Part160 of this chapter.
    (b) If the vessel's radar, radio navigation receivers,gyrocompass, 
echo depth sounding device, or primary steering gearstops operating 
properly, the person directing the movement of thevessel must report or 
cause to be reported that it is not operatingproperly to the nearest 
Captain of the Port, District Commander, or,if participating in a Vessel 
Traffic Service, to the Vessel TrafficCenter, as soon as possible.

(Sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C.1221); 49 CFR 
1.46(n)(4))

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]

    Editorial Note: For Federal Register citationsaffecting Sec. 
164.53, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 164.55  Deviations from rules: Continuing operation or period of time.

    The Captain of the Port, upon written application, may authorize 
adeviation from any rule in this part if he determines that thedeviation 
does not impair the safe navigation of the vessel underanticipated 
conditions and will not result in a violation of the rulesfor preventing 
collisions at sea. The authorization may be issued forvessels operating 
in the waters under the jurisdiction of the Captainof the Port for any 
continuing operation or period of time the Captainof the Port specifies.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.61  Marine casualty reporting and record retention.

    When a vessel is involved in a marine casualty as defined in 46CFR 
4.03-1, the master or person in charge of the vessel shall:
    (a) Ensure compliance with 46 CFR Subpart 4.05, ``Notice ofMarine 
Casualty and Voyage Records;'' and
    (b) Ensure that the voyage records required by 46 CFR4.05-15 are 
retained for:
    (1) 30 days after the casualty if the vessel remains in thenavigable 
waters of the United States; or
    (2) 30 days after the return of the vessel to a United States portif 
the vessel departs the navigable waters of the United States within30 
days after the marine casualty.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.70  Definitions.

    For purposes of Sec. Sec. 164.72 through 164.82, theterm--
    Current edition means the most recent published version of 
apublication, chart, or map required by Sec. 164.72.
    Currently corrected edition means a current or previousedition of a 
publication required by Sec. 164.72, correctedwith changes that come 
from Notices to Mariners (NTMs) or Notices toNavigation reasonably 
available and that apply to the vessel'stransit. Hand-annotated river 
maps from the U.S. Army Corps ofEngineers (ACOE) are currently corrected 
editions if issued within theprevious 5 years.
    Great Lakes means the Great Lakes and their connecting andtributary 
waters including the Calumet River as far as the Thomas J.O'Brien Lock 
and Controlling Works (between miles 326 and 327), theChicago River as 
far as the east side of the Ashland Avenue Bridge(between miles 321 and 
322), and the Saint Lawrence River as far eastas the lower exit of Saint 
Lambert Lock.
    Swing-meter means an electronic or electric device thatindicates the 
rate of turn of the vessel on board which it isinstalled.
    Towing vessel means a commercial vessel engaged in orintending to 
engage in pulling, pushing or hauling alongside, or anycombination of 
pulling, pushing, or hauling alongside.

[[Page 646]]

    Western Rivers means the Mississippi River, itstributaries, South 
Pass, and Southwest Pass, to the navigational-demarcation lines dividing 
the high seas from harbors, rivers, andother inland waters of the United 
States, and the Port Allen-MorganCity Alternative Route, and that part 
of the Atchafalaya River aboveits junction with the Port Allen-Morgan 
City Alternative Routeincluding the Old River and the Red River and 
those waters specifiedby Sec. Sec. 89.25 and 89.27 of this chapter, and 
suchother, similar waters as are designated by the COTP.

[CGD 94-020, 61 FR 35072, July 3, 1996]



Sec. 164.72  Navigational-safety equipment, charts or maps, and publicationsrequired on towing vessels.

    (a) Except as provided by Sec. 164.01(b), each towingvessel must be 
equipped with the following navigational-safetyequipment:
    (1) Marine Radar. By August 2, 1997, a marine radar thatmeets the 
following applicable requirements:
    (i) For a vessel of less than 300 tons gross tonnage that engagesin 
towing on navigable waters of the U.S., including Western Rivers,the 
radar must meet--
    (A) The requirements of the Federal Communications Commission(FCC) 
specified by 47 CFR part 80; and
    (B) RTCM Standard for Marine Radar Equipment Installed on Ships 
ofLess Than 300 Tons Gross Tonnage, RTCM Paper71-95/SC112-STD, Version 
1.1, display Category II andstabilization Category Bravo.
    (ii) For a vessel of less than 300 tons gross tonnage that engagesin 
towing seaward of navigable waters of the U.S. or more than 
threenautical miles from shore on the Great Lakes, the radar mustmeet--
    (A) The requirements of the FCC specified by 47 CFR part 80; and
    (B) RTCM Standard for Marine Radar Equipment Installed on Ships 
ofLess Than 300 Tons Gross Tonnage, RTCM Paper71-95/SC112-STD, Version 
1.1, display Category I andstabilization Category Alpha.
    (iii) For a vessel of 300 tons gross tonnage or more that engagesin 
towing on navigable waters of the U.S., including Western rivers,the 
radar must meet--
    (A) The requirements of the Federal Communications Commission(FCC) 
specified by 47 CFR part 80; and
    (B) RTCM Recommended Standards for Marine Radar EquipmentInstalled 
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper191-93/SC112-
X, Version 1.2 except the requirements forazimuth stabilization in 
paragraph 3.10.
    (iv) For a vessel of 300 tons gross tonnage or more that engagesin 
towing seaward of navigable waters of the U.S. or more than 
threenautical miles from shore on the Great Lakes, the radar mustmeet--
    (A) The requirements of the FCC specified by 47 CFR Part 80; and
    (B) RTCM Recommended Standards for Marine Radar EquipmentInstalled 
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper191-93/SC112-
X, Version 1.2.
    (v) A towing vessel with an existing radar must meet theapplicable 
requirements of paragraphs (a)(1) (i) through (iv) of thissection by 
August 2, 1998; except that a towing vessel with anexisting radar must 
meet the display and stabilization requirements ofparagraph 
(a)(1)(ii)(B) of this section by August 2, 2001.
    (2) Searchlight. A searchlight, directable from the vessel'smain 
steering station and capable of illuminating objects at adistance of at 
least two times the length of the tow.
    (3) VHF-FM Radio. An installation or multiple installationsof VHF-FM 
radios as prescribed by part 26 of this chapter and 47 CFRpart 80, to 
maintain a continuous listening watch on the designatedcalling channel, 
VHF-FM Channel 13 (except on portions of the LowerMississippi River, 
where VHF-FM Channel 67 is the designated callingchannel), and to 
separately monitor the International Distress andCalling Channel, VHF-FM 
Channel 16, except when transmitting orreceiving traffic on other VHF-FM 
channels or when participating in aVessel Traffic Service (VTS) or 
monitoring a channel of a VTS. (EachU.S. towing vessel of 26 feet (about 
8 meters) or more in length,except a public vessel, must hold a ship-
radio-station license forradio transmitters (including radar and 
EPIRBs), and each operatormust hold

[[Page 647]]

a restricted operator's license or higher. To get anapplication for 
either license, call (800) 418-FORM or (202)418-FORM, or write to the 
FCC; Wireless Bureau, LicensingDivision; 1270 Fairfield Road; 
Gettysburg, PA 17325-7245.)
    (4) Magnetic Compass. Either--
    (i) An illuminated swing-meter or an illuminated car-type 
magneticsteering compass readable from the vessel's main steering 
station, ifthe vessel engages in towing exclusively on Western Rivers; 
or
    (ii) An illuminated card-type magnetic steering compass readablefrom 
the vessel's main steering station.
    (5) Echo Depth-Sounding Device. By August 2, 2001, an echodepth-
sounding device readable from the vessel's main steeringstation, unless 
the vessel engages in towing exclusively on WesternRivers.
    (6) Electronic Position-Fixing Device. An electronicposition-fixing 
device, either a LORAN-C receiver or a satellitenavigational system such 
as the Global Positioning System (GPS) asrequired by Sec. 164.41, if 
the vessel engages in towingseaward of navigable waters of the U.S. or 
more than three nauticalmiles from shore on the Great Lakes.
    (b) Each towing vessel must carry on board and maintain 
thefollowing:
    (1) Charts or maps. Marine charts or maps of the areas to 
betransited, published by the National Ocean Service (NOS), the ACOE, 
ora river authority that satisfy the following requirements:
    (i) The charts or maps must be of a large enough scale and 
haveenough detail to make safe navigation of the areas possible.
    (ii) The charts or maps must be either--
    (A) Current editions or currently corrected editions, if thevessel 
engages in towing exclusively on navigable waters of the U.S.,including 
Western Rivers; or
    (B) Currently corrected editions, if the vessel engages in 
towingseaward of navigable waters of the U.S. or more than three 
nauticalmiles from shore on the Great Lakes.
    (iii) The charts or maps may be, instead of charts or mapsrequired 
by paragraphs (b)(1) (i) and (ii) of this section, currentlycorrected 
marine charts or maps, or applicable extracts, published bya foreign 
government. These charts or maps, or applicable extracts,must contain 
information similar to that on the charts or mapsrequired by paragraphs 
(b)(1) (i) and (ii) of this section, be oflarge enough scale, and have 
enough detail to make safe navigation ofthe areas possible, and must be 
currently corrected.
    (2) General publications. A currently corrected edition of,or an 
applicable currently corrected extract from, each of thefollowing 
publications for the area to be transited:
    (i) If the vessel is engaged in towing exclusively on 
WesternRivers--
    (A) U.S. Coast Guard Light List;
    (B) Applicable Notices to Navigation published by the ACOE, orLocal 
Notices to Mariners (LNMs) published by the Coast Guard, for thearea to 
be transited, when available; and
    (C) River-current tables published by the ACOE or a riverauthority, 
if available.
    (ii) If the vessel is engaged other than in towing exclusively 
onWestern Rivers--
    (A) Coast Guard Light List;
    (B) Notices to Mariners published by the National Imagery andMapping 
Agency, or LNMs published by the Coast Guard;
    (C) Tidal-current tables published by private entities using 
dataprovided by the NOS, or river-current tables published by the ACOE 
ora river authority:
    (D) Tide tables published by private entities using data providedby 
the NOS; and
    (E) U.S. Coast Pilot.
    (c) Table 164.72, following, summarizes the navigational-
safetyequipment, charts or maps, and publications required for 
towingvessels of 12 meters or more in length engaged in towing:

[[Page 648]]



    Table 164.72--Equipment,Charts or Maps, and Publications for Towing Vessels of12 Meters orMore in Length
----------------------------------------------------------------------------------------------------------------
                                                                                            Waters seaward of
                                                                     U.S. navigable        navigable waters and
                                            Western rivers          watersother than      3NM or more from shore
                                                                     western rivers         on the Great Lakes
----------------------------------------------------------------------------------------------------------------
Marine Radar:
  Towing Vessels of Less Than 300 GT.  RTCM Paper71-95/SC112-   RTCM Paper71-95/SC112-   RTCM Paper71-95/SC112-
                                        STD Version 1.1,         STD Version 1.1,         STD Version 1.1,
                                        Display CategoryII \1\   Display CategoryII \1\   Display CategoryI \2\
                                        Stabilization Category   Stabilization Category   Stabilization Category
                                        BRAVO.                   BRAVO.                   ALPHA.
  Towing Vessels of 300 GT or More...  RTCM Paper191-93/SC112-  RTCM Paper191-93/SC112-  RTCM Paper191-93/SC112-
                                        X Version 1.2 (except    X Version 1.2 (except    X Version 1.2.\1\
                                        the                      the
                                        Azmuthstabilization      Azmuthstabilization
                                        requirement in           requirement in
                                        paragraph 3.10).\1\.     paragraph 3.10).\1\.
  Searchlight........................             X                        X                        X
  VHF-FM Radio.......................             X                        X                        X
  Magnetic Compass...................           X \3\                      X                        X
  Swing-Meter........................           X \3\
  Echo Depth-Sounding Device.........                                      X                        X
  Electronic Position-Fixing Device..                                                               X
  Charts or Maps.....................  (1) Large enough scale.  (1) Large enoughscale..  (1) Large enough scale.
                                       (2) Current edition or   (2)Current edition or    (2) Currentlycorrected
                                        currently corrected      currently corrected      edition.
                                        edition.                 edition.
  General Publications...............  (1) U.S. Coast Guard     (1) U.S.Coast Guard      (1) U.S. Coast Guard
                                        Light List.              Light List.              Light List.
                                       (2) Notices to           (2) Local Notices to     (2) Local Notices
                                        Navigation or Local      Mariners.                toMariners.
                                        Notices toMariners.
                                       (3) River-current        (3) Tidal-current        (3)Tidal-current
                                        Tables.                  Tables.                  Tables.
                                                                (4) Tide Tables........  (4) Tide Tables.
                                                                (5) U.S. Coast Pilot...  (5) U.S. Coast Pilot.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Towing vessels with existing radar must meet thisrequirement by August 2, 1998.
\2\ Towing vessels with existing radar must meet thisrequirement by August 2, 1998 but do not need to meet the
  display andstabilization requirements until August 2, 2001.
\3\ A towing vessel may carry either a swing-meter or amagnetic compass.


[CGD 94-020, 61 FR 35073, July 3, 1996, as amended byCGD 97-034, 62 FR 
40272, July 28, 1997;USCG-1999-5832, 64 FR 34715, June 29, 1999;USCG-
2001-9286, 66 FR 33641, June 25, 2001]



Sec. 164.74  Towline and terminal gear for towing astern.

    (a) Towline. The owner, master, or operator of each vesseltowing 
astern shall ensure that the strength of each towline isadequate for its 
intended service, considering at least the followingfactors:
    (1) The size and material of each towline must be--
    (i) Appropriate for the horsepower or bollard pull of the vessel;
    (ii) Appropriate for the static loads and dynamic loads 
expectedduring the intended service;
    (iii) Appropriate for the sea conditions expected during theintended 
service;
    (iv) Appropriate for exposure to the marine environment and to 
anychemicals used or carried on board the vessel;
    (v) Appropriate for the temperatures of normal stowage and serviceon 
board the vessel;
    (vi) Compatible with associated navigational-safety equipment; and
    (vii) Appropriate for the likelihood of mechanical damage.
    (2) Each towline as rigged must be--
    (i) Free of knots;
    (ii) Spliced with a thimble, or have a poured socket at its end;and
    (iii) Free of wire clips except for temporary repair, for whichthe 
towline must have a thimble and either five wire clips or as manywire 
clips as the manufacturer specifies for the nominal diameter 
andconstruction of the towline, whichever is more.
    (3) The condition of each towline must be monitored throughthe--
    (i) Keeping on board the towing vessel or in company files of 
arecord of the towline's initial minimum breaking strength asdetermined 
by the manufacturer, by a classification(``class'')

[[Page 649]]

society authorized inSec. 157.04 of this chapter, or by a tensile test 
that meetsAPI Specification 9A, Specification for Wire Rope, Section 3; 
ASTM D4268 (incorporated by reference, see Sec. 164.03), StandardTest 
Method for Testing Fiber Ropes; or Cordage Institute CIA 3,Standard Test 
Methods for Fiber Rope Including Standard Terminations;
    (ii) If the towline is purchased from another owner, master, 
oroperator of a vessel with the intent to use it as a towline or if itis 
retested for any reason, keeping on board the towing vessel or incompany 
files of a record of each retest of the towline's minimumbreaking 
strength as determined by a class society authorized inSec. 157.04 of 
this chapter or by a tensile test that meetsAPI Specification 9A, 
Section 3; ASTM D 4268 (incorporated byreference, see Sec. 164.03) or 
Cordage Institute CIA 3,Standard Test Methods;
    (iii) Conducting visual inspections of the towline in accordancewith 
the manufacturer's recommendations, or at least monthly, andwhenever the 
serviceability of the towline is in doubt (theinspections being 
conducted by the owner, master, or operator, or by aperson on whom the 
owner, master, or operator confers theresponsibility to take corrective 
measures appropriate for the use ofthe towline);
    (iv) Evaluating the serviceability of the whole towline or anypart 
of the towline, and removing the whole or part from serviceeither as 
recommended by the manufacturer or a class societyauthorized in Sec. 
157.04 of this chapter or in accordancewith a replacement schedule 
developed by the owner, master, oroperator that accounts for at least 
the--
    (A) Nautical miles on, or time in service of, the towline;
    (B) Operating conditions experienced by the towline;
    (C) History of loading of the towline;
    (D) Surface condition, including corrosion and discoloration, ofthe 
towline;
    (E) Amount of visible damage to the towline;
    (F) Amount of material deterioration indicated by measurements 
ofdiameter and, if applicable, measurements of lay extension of 
thetowline; and
    (G) Point at which a tensile test proves the minimum 
breakingstrength of the towline inadequate by the standards of paragraph 
(a)(1) of this section, if necessary; and
    (v) Keeping on board the towing vessel or in company files of 
arecord of the material condition of the towline when inspected 
underparagraphs (a)(3)(iii) and (iv) of this section. Once this 
recordlapses for three months or more, except when a vessel is laid up 
orout of service or has not deployed its towline, the owner, master, 
oroperator shall retest the towline or remove it from service.
    (b) Terminal gear. The owner, master, or operator of eachvessel 
towing astern shall ensure that the gear used to control,protect, and 
connect each towline meets the following criteria:
    (1) The material and size of the terminal gear are appropriate 
forthe strength and anticipated loading of the towline and for 
theenvironment;
    (2) Each connection is secured by at least one nut with at leastone 
cotter pin or other means of preventing its failure;
    (3) The lead of the towline is appropriate to prevent sharp bendsin 
the towline from fairlead blocks, chocks, or tackle;
    (4) There is provided a method, whether mechanical or non-
mechanical, that does not endanger operating personnel but that 
easilyreleases the towline;
    (5) The towline is protected from abrasion or chafing by 
chafinggear, lagging, or other means;
    (6) Except on board a vessel towing in ice on Western Rivers orone 
using a towline of synthetic or natural fiber, there is fitted awinch 
that evenly spools and tightly winds the towline; and
    (7) If a winch is fitted, there is attached to the main drum abrake 
that has holding power appropriate for the horsepower or bollardpull of 
the vessel and can be operated without power to the winch.

[CGD 94-020, 61 FR 35074, July 3, 1996, as amended byUSCG-1999-5151, 64 
FR 67176, Dec. 1, 1999]

[[Page 650]]



Sec. 164.76  Towline and terminal gear for towing alongside and pushing ahead.

    The owner, master, or operator of each vessel towing alongside 
orpushing ahead shall ensure that the face wires, spring lines, and 
pushgear used--
    (a) Are appropriate for the vessel's horsepower;
    (b) Are appropriate for the arrangement of the tow;
    (c) Are frequently inspected; and
    (d) Remain serviceable.

[CGD 94-020, 61 FR 35075, July 3, 1996]



Sec. 164.78  Navigation under way: Towing vessels.

    (a) The owner, master, or operator of each vessel towing shallensure 
that each person directing and controlling the movement of thevessel--
    (1) Understands the arrangement of the tow and the effects 
ofmaneuvering on the vessel towing and on the vessel, barge, or 
objectbeing towed;
    (2) Can fix the position of the vessel using installednavigational 
equipment, aids to navigation, geographic reference-points, and 
hydrographic contours;
    (3) Does not fix the position of the vessel using buoys alone(Buoys 
are aids to navigation placed in approximate positions eitherto alert 
mariners to hazards to navigation or to indicate theorientation of a 
channel. They may not maintain exact chartedpositions, because strong or 
varying currents, heavy seas, ice, andcollisions with vessels can move 
or sink them or set them adrift.Although they may corroborate a position 
fixed by other means, theycannot fix a position; however, if no other 
aids are available, buoysalone may establish an estimated position.);
    (4) Evaluates the danger of each closing visual or radar contact;
    (5) Knows and applies the variation and deviation, where amagnetic 
compass is fitted and where charts or maps have enough detailto enable 
this type of correction;
    (6) Knows the speed and direction of the current, and the set,drift, 
and tidal state for the area to be transited;
    (7) Proceeds at a safe speed taking into account the 
weather,visibility, density of traffic, draft of tow, possibility of 
wakedamage, speed and direction of the current, and local speed-
limits;and
    (8) Monitors the voyage plan required by Sec. 164.80.
    (b) The owner, master, or operator of each vessel towing shallensure 
that the tests and inspections required bySec. 164.80 are conducted and 
that the results are enteredin the log or other record carried on board.

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended byUSCG-2000-6931, 68 
FR 22610, Apr. 29, 2003; 69 FR 34068,June 18, 2004]



Sec. 164.80  Tests, inspections, and voyage planning.

    (a) The owner, master, or operator of each towing vessel of lessthan 
1,600 GT shall ensure that the following tests and inspections ofgear 
occur before the vessel embarks on a voyage of more than 24 hoursor when 
each new master or operator assumes command:
    (1) Steering-systems. A test of the steering-gear-controlsystem; a 
test of the main steering gear from the alternative powersupply, if 
installed; a verification of the rudder-angle indicatorrelative to the 
actual position of the rudder; and a visual inspectionof the steering 
gear and its linkage.
    (2) Navigational equipment. A test of all installednavigational 
equipment.
    (3) Communications. Operation of all internal vessel 
controlcommunications and vessel-control alarms, if installed.
    (4) Lights. Operation of all navigational lights and 
allsearchlights.
    (5) Terminal gear. Visual inspection of tackle; ofconnections of 
bridle and towing pendant, if applicable; of chafinggear; and of the 
winch brake, if installed.
    (6) Propulsion systems. Visual inspection of the spaces formain 
propulsion machinery, of machinery, and of devices for 
monitoringmachinery.
    (b) The owner, master, or operator of each towing vessel of 1,600GT 
or more shall ensure that the following tests of equipment occur atthe 
frequency required by Sec. 164.25 and that the followinginspections of 
gear occur before the vessel embarks on a voyage ofmore than 24 hours or 
when each new master or operator assumescommand:

[[Page 651]]

    (1) Navigational equipment. Tests of onboard equipmentas required by 
Sec. 164.25.
    (2) Terminal gear. Visual inspection of tackle; ofconnections of 
bridle and towing pendant, if applicable; of chafinggear; and of the 
winch brake, if installed.
    (c)(1) The voyage-planning requirements outlined in this sectiondo 
not apply to you if your towing vessel is--
    (i) Used solely for any of the following services or anycombination 
of these services--
    (A) Within a limited geographic area, such as a fleeting-area 
forbarges or a commercial facility, and used for restricted service, 
suchas making up or breaking up larger tows;
    (B) For harbor-assist;
    (C) For assistance towing as defined by 46 CFR 10.103;
    (D) For response to emergency or pollution;
    (ii) A public vessel that is both owned, or demise chartered, 
andoperated by the United States Government or by a government of 
aforeign country; and that is not engaged in commercial service;
    (iii) A foreign vessel engaged in innocent passage; or
    (iv) Exempted by the Captain of the Port (COTP).
    (2) If you think your towing vessel should be exempt from 
thesevoyage planning requirements for a specified route, you should 
submita written request to the appropriate COTP. The COTP will provide 
youwith a written response granting or denying your request.
    (3) If any part of a towing vessel's intended voyage is seaward 
ofthe baseline (i.e., the shoreward boundary) of the territorialsea of 
the U.S., then the owner, master, or operator of the vessel,employed to 
tow a barge or barges, must ensure that the voyage withthe barge or 
barges is planned, taking into account all pertinentinformation before 
the vessel embarks on the voyage. The master mustcheck the planned route 
for proximity to hazards before the voyagebegins. During a voyage, if a 
decision is made to deviatesubstantially from the planned route, then 
the master or mate mustplan the new route before deviating from the 
planned route. The voyageplan must follow company policy and consider 
the following (relatedrequirements noted in parentheses):
    (i) Applicable information from nautical charts and 
publications(also see paragraph (b) of section 164.72), including Coast 
Pilot,Coast Guard Light List, and Coast Guard Local Notice to Mariners 
forthe port of departure, all ports of call, and the destination;
    (ii) Current and forecast weather, including visibility, wind, 
andsea state for the port of departure, all ports of call, and 
thedestination (also see paragraphs (a)(7) of section 164.78 and (b) 
ofsection 164.82);
    (iii) Data on tides and currents for the port of departure, allports 
of call, and the destination, and the river stages and forecast,if 
appropriate;
    (iv) Forward and after drafts of the barge or barges and under-keel 
and vertical clearances (air-gaps) for all bridges, ports, andberthing 
areas;
    (v) Pre-departure checklists;
    (vi) Calculated speed and estimated time of arrival at 
proposedwaypoints;
    (vii) Communication contacts at any Vessel Traffic Services,bridges, 
and facilities, and any port-specific requirements for VHFradio;
    (viii) Any master's or operator's standing orders detailingclosest 
points of approach, special conditions, and criticalmaneuvers; and
    (ix) Whether the towing vessel has sufficient power to control 
thetow under all foreseeable circumstances.

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended byUSCG-2000-6931, 68 
FR 22610, Apr. 29, 2003; 69 FR 34068,June 18, 2004]



Sec. 164.82  Maintenance, failure, and reporting.

    (a) Maintenance. The owner, master, or operator of eachtowing vessel 
shall maintain operative the navigational-safetyequipment required by 
Sec. 164.72.
    (b) Failure. If any of the navigational-safety equipmentrequired by 
Sec. 164.72 fails during a voyage, the owner,master, or operator of the 
towing vessel shall exercise due diligenceto repair it at the earliest 
practicable time. He or she shall enterits failure in the log or other 
record carried on board. The failureof equipment, in itself, does not 
constitute a violation of this rule;nor

[[Page 652]]

does it constitute unseaworthiness; nor does it obligate anowner, 
master, or operator to moor or anchor the vessel. However, theowner, 
master, or operator shall consider the state of theequipment--along with 
such factors as weather, visibility,traffic, and the dictates of good 
seamanship--in decidingwhether it is safe for the vessel to proceed.
    (c) Reporting. The owner, master, or operator of each towingvessel 
whose equipment is inoperative or otherwise impaired while thevessel is 
operating within a Vessel Traffic Service (VTS) Area shallreport the 
fact as required by 33 CFR 161.124. (33 CFR 161.124requires that each 
user of a VTS report to the Vessel Traffic Centeras soon as practicable:
    (1) Any absence or malfunction of vessel-operating equipment 
fornavigational safety, such as propulsion machinery, steering 
gear,radar, gyrocompass, echo depth-sounding or other sounding 
device,automatic dependent surveillance equipment, or navigational 
lighting;
    (2) Any condition on board the vessel likely to impair 
navigation,such as shortage of personnel or lack of current nautical 
charts ormaps, or publications; and
    (3) Any characteristics of the vessel that affect or restrict 
themaneuverability of the vessel, such as arrangement of cargo, 
trim,loaded condition, under-keel clearance, and speed.)
    (d) Deviation and authorization. The owner, master, oroperator of 
each towing vessel unable to repair within 96 hours aninoperative marine 
radar required by Sec. 164.72(a) shall sonotify the Captain of the Port 
(COTP) and shall seek from the COTPboth a deviation from the 
requirements of this section and anauthorization for continued operation 
in the area to be transited.Failure of redundant navigational-safety 
equipment, including but notlimited to failure of one of two installed 
radars, where eachsatisfies Sec. 164.72(a), does not necessitate either 
adeviation or an authorization.
    (1) The initial notice and request for a deviation and 
anauthorization may be spoken, but the request must also be written. 
Thewritten request must explain why immediate repair is 
impracticable,and state when and by whom the repair will be made.
    (2) The COTP, upon receiving even a spoken request, may grant 
adeviation and an authorization from any of the provisions ofSec. Sec. 
164.70 through 164.82 for a specified time if heor she decides that they 
would not impair the safe navigation of thevessel under anticipated 
conditions.

[CGD 94-020, 61 FR 35075, July 3, 1996]



PART 165_REGULATED NAVIGATION AREAS AND LIMITEDACCESS AREAS--Table of Contents




                            Subpart A_General

Sec.
165.1 Purpose of part.
165.5 Establishment procedures.
165.7 Notification.
165.8 Geographic coordinates.
165.9 Geographic application of limited and controlledaccess areas and 
          regulated navigation areas.

                  Subpart B_Regulated Navigation Areas

165.10 Regulated navigation areas.
165.11 Vessel operating requirements (regulations).
165.13 General regulations.

                         Subpart C_Safety Zones

165.20 Safety zones.
165.23 General regulations

                        Subpart D_Security Zones

165.30 Security zones.
165.33 General regulations.

                  Subpart E_Restricted Waterfront Areas

165.40 Restricted waterfront areas.

  Subpart F_Specific Regulated Navigation Areas and LimitedAccess Areas

                       First Coast Guard District

165.T01-165 Safety Zone: Ambrose Light, OffshoreSandy Hook, NJ, Atlantic 
          Ocean.
165.T01-0301 Security Zone: Liquefied Natural GasCarrier Transit and 
          Anchorage Operations, Massachusetts Bay, MA.
165.T01-0372 Safety Zones: Northeast Gateway,Deepwater Port, Atlantic 
          Ocean, Boston, MA.
165.T01-0421 Safety Zones: Central Massachusetts SwimEvents.

[[Page 653]]

165.100 Regulated Navigation Area: Navigable waterswithin the First 
          Coast Guard District.
165.101 Kittery, Maine--regulated navigation area.
165.102 Security Zone: Walkers Point, Kennebunkport, ME.
165.103 Safety and Security Zones; LPG Vessel Transits inPortland, 
          Maine, Captain of the Port Zone, Portsmouth Harbor,Portsmouth, 
          New Hampshire.
165.104 Safety Zone: Vessel Launches, Bath Iron Works,Kennebec River, 
          Bath, Maine.
165.105 Security Zones; Passenger Vessels, Portland, Maine,Captain of 
          the Port Zone.
165.106 Security Zone: Seabrook Nuclear Power Plant,Seabrook, New 
          Hampshire.
165.110 Safety and Security Zone; Liquefied Natural GasCarrier Transits 
          and Anchorage Operations, Boston, Massachusetts.
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.
165.112 Safety Zone: USS CASSIN YOUNG, Boston,Massachusetts.
165.113 Security Zone: Dignitary arrival/departure LoganInternational 
          Airport, Boston, MA.
165.114 Safety and Security Zones: EscortedVessels--Boston Harbor, 
          Massachusetts.
165.115 Safety and Security Zones; Pilgrim Nuclear PowerPlant, Plymouth, 
          Massachusetts.
165.116 Safety and Security Zones; Salem and Boston 
          Harbors,Massachusetts.
165.117 Regulated Navigation Areas, Safety and SecurityZones: Deepwater 
          Ports, First Coast Guard District.
165.120 Safety Zone: Chelsea River, Boston Inner Harbor,Boston, MA.
165.121 Safety and Security Zones: High Interest Vessels,Narragansett 
          Bay, Rhode Island.
165.122 Providence River, Providence, R.I. regulatednavigation area.
165.130 Sandy Hook Bay, New Jersey--security zone.
165.140 New London Harbor, Connecticut--security zone.
165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, BoonIsland, ME.
165.150 New Haven Harbor, Quinnipiac River, Mill River.
165.151 Safety Zones; Long Island Sound annual fireworksdisplays.
165.152 Coast Guard Station Fire Island, Long Island, NewYork--safety 
          zone.
165.153 Regulated Navigation Area: Long Island Sound MarineInspection 
          and Captain of the Port Zone.
165.154 Safety and Security Zones: Long Island Sound MarineInspection 
          Zone and Captain of the Port Zone.
165.155 Northville Industries Offshore Platform, Riverhead,Long Island, 
          New York--safety zone.
165.160 Safety and Security Zones: Liquefied Hazardous GasVessel, 
          Liquefied Hazardous Gas Facility and Designated 
          VesselTransits, New York Marine Inspection Zone and Captain of 
          the PortZone.
165.161 Safety zones: Coast Guard Captain of the Port NewYork annual 
          fireworks displays.
165.162 Safety Zone: New York Super Boat Race, Hudson River,New York.
165.163 Safety Zones; Port of New York/New Jersey FleetWeek.
165.164 Security Zones: Dignitary Arrival/Departure andUnited Nations 
          Meetings, New York, NY.
165.166 Safety zone: Macy's July 4th Fireworks, East River,NY.
165.168 Safety Zones; Coast Guard Captain of the Port NewYork Fireworks 
          Displays.
165.169 Safety and Security Zones: New York MarineInspection Zone and 
          Captain of the Port Zone.
165.170 Safety Zone: Triathlon, Ulster, Landing, HudsonRiver, NY.
165.202 [Reserved]

                       Fifth Coast Guard District

165.T05-0338 Safety zone; Fireworks Displays,Anacostia River, 
          Washington, DC.
165.500 Safety/Security Zones; Chesapeake Bay, Maryland.
165.501 Chesapeake Bay entrance and Hampton Roads, VA andadjacent 
          waters--Regulated Navigation Area.
165.502 Safety and Security Zone; Cove Point LiquefiedNatural Gas 
          Terminal, Chesapeake Bay, Maryland.
165.503 Security Zone; Captain of the Port Hampton RoadsZone.
165.504 Newport News Shipbuilding and Dry Dock CompanyShipyard, James 
          River, Newport News, Va.
165.505 Security Zone; Calvert Cliffs Nuclear Power Plant,Chesapeake 
          Bay, Calvert County, Maryland.
165.506 Safety Zones; Fifth Coast Guard District FireworksDisplays.
165.507 Security Zone; Chesapeake Bay, between Sandy Pointand Kent 
          Island, MD.
165.508 Security Zone; Georgetown Channel, Potomac River,Washington, DC.
165.509 Security Zone; Severn River and College Creek,Annapolis, MD.
165.510 Delaware Bay and River, Salem River, Christina Riverand 
          Schuylkill River-Regulated Navigation Area.
165.511 Security Zone; Atlantic Ocean, Chesapeake &Delaware Canal, 
          Delaware Bay, Delaware River and its tributaries.
165.512 Safety Zone; Patapsco River, Northwest and InnerHarbors, 
          Baltimore, MD.

[[Page 654]]

165.514 Safety Zone: Atlantic Intracoastal Waterway andconnecting 
          waters, vicinity of Marine Corps Base Camp Lejeune, 
          NorthCarolina.
165.515 Safety Zone: Cape Fear River, Wilmington, NorthCarolina.
165.518 Security Zone; Waters of the Fifth Coast GuardDistrict.
165.530 Safety Zone: Cape Fear and Northeast Cape FearRivers, NC.
165.535 Safety Zone: Atlantic Ocean, Vicinity of CapeHenlopen State 
          Park, Delaware.
165.540 Regulated Navigation Area; Cape Fear River,Northeast Cape Fear 
          River, Wilmington, North Carolina
165.552 Security Zone; Oyster Creek Generation Station,Forked River, 
          Ocean County, New Jersey.
165.553 Security Zone; Salem and Hope Creek GenerationStations, Delaware 
          River, Salem County, New Jersey.
165.554 Security Zone; Three Mile Island Generating Station,Susquehanna 
          River, Dauphin County, Pennsylvania.
165.555 Safety Zone; Delaware River.

                      Seventh Coast Guard District

165.701 Vicinity, Kennedy Space Center, Merritt Island,Florida--security 
          zone.
165.703 Tampa Bay, Florida--Safety Zone.
165.704 Safety Zone: Tampa Bay, Florida.
165.T0704 Safety Zone: Savannah River, Savannah, Georgia.
165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
165.708 Safety/Security Zone; Charleston Harbor and CooperRiver, 
          Charleston, SC.
165.709 Security Zone; Charleston Harbor, Cooper River,South Carolina.
165.711 Safety Zone: Port Everglades, Fort Lauderdale, FL.
165.714 Regulated Navigation Area; Atlantic Ocean,Charleston, SC.
165.720 Safety/Security Zone: St. Johns River, Jacksonville,FL.
165.721 Safety Zone: St. Johns River, Jacksonville, FL.
165.722 Security Zone: St. Johns River, Jacksonville,Florida.
165.726 Regulated Navigation Areas; Miami River, Miami,Florida.
165.728 Jacksonville, Florida--safety zones.
165.729 Jacksonville Harbor, Florida--security zone.
165.730 King's Bay, Georgia--Regulated navigationarea.
165.731 Safety/Security Zone: Cumberland Sound, Georgia andSt. Marys 
          River Entrance Channel.
165.751 Security Zone: LNG mooring slip, Savannah River,Savannah, 
          Georgia.
165.752 Sparkman Channel, Tampa, Florida--regulatednavigation area.
165.753 Regulated navigation area; Tampa Bay, Florida.
165.754 Safety Zone: San Juan Harbor, San Juan, PR.
165.755 Safety Zone: Guayanilla, Puerto Rico
165.756 Regulated Navigation Area; Savannah River, Georgia.
165.757 Safety Zones; Ports of Ponce, Tallaboa, andGuayanilla, Puerto 
          Rico and Limetree Bay, St. Croix, U.S.V.I.
165.758 Security Zone; San Juan, Puerto Rico.
165.759 Security Zones; Ports of Jacksonville, Fernandina,and Canaveral, 
          Florida.
165.760 Security Zones; Tampa Bay, Port of Tampa, Port ofSaint 
          Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big 
          Bend,Weedon Island, and Crystal River, Florida.
165.761 Security Zones; Port of Palm Beach, Port Everglades,Port of 
          Miami, and Port of Key West, Florida.
165.762 Security Zone; St. Thomas, U.S. Virgin Islands.
165.763 Moving and Fixed Security Zone, Port ofFredericksted, Saint 
          Croix, U.S. Virgin Islands.
165.764 [Reserved]
165.765 Regulated Navigation Area; Port Everglades Harbor,Fort 
          Lauderdale, Florida.
165.766 Security Zone: HOVENSA Refinery, St. Croix, U.S.Virgin Islands.
165.767 Security Zone; Manbirtee Key, Port of Manatee,Florida.
165.768 Security Zone; MacDill Air Force Base, Tampa Bay,FL.
165.770 Security Zone: HOVENSA Refinery, St. Croix, U.S.Virgin Islands.
165.773 Security Zone; Escorted Vessels in Captain of thePort Zone 
          Jacksonville, Florida.

                       Eighth Coast Guard District

165.802 Lower Mississippi River, vicinity of Old RiverControl 
          Structure--Safety Zone.
165.803 Mississippi River--regulated navigation area.
165.804 Snake Island, Texas City, Texas; mooring andfleeting of 
          vessels--safety zone.
165.805 Calcasieu Channel and Industrial Canal, CalcasieuRiver, Lake 
          Charles, LA.
165.806 Sabine Neches Waterway, Texas--regulatednavigation area.
165.807 Calcasieu River, Louisiana--regulatednavigation area.
165.808 Corpus Christi Ship Channel, Corpus Christi, TX,safety zone.
165.809 Security Zones; Port of Port Lavaca-Point Comfort,Point Comfort, 
          TX and Port of Corpus Christi Inner Harbor, CorpusChristi, TX.
165.810 Mississippi River, LA-regulated navigation area.

[[Page 655]]

165.811 Atchafalaya River, Berwick Bay, LA-regulatednavigation area.
165.812 Security Zones; Lower Mississippi River, SouthwestPass Sea Buoy 
          to Mile Marker 96.0, New Orleans, LA.
165.813 Security Zones; Ports of Houston and Galveston, TX.
165.814 Security Zones; Captain of the Port Houston-Galveston Zone.
165.815 Ohio River at Louisville, KY; regulated navigationarea.
165.817 Arkansas River, Mile 118.2 to 125.4, Little RockArkansas--
          regulated navigation area.
165.820 Security Zone; Ohio River, Mile 34.6 to 35.1,Shippingport, 
          Pennsylvania.
165.821 Ohio River at Cincinnati, OH; regulated navigationarea.
165.825 Security Zones; Captain of the Port St. Louis,Missouri.
165.830 Regulated Navigation Area; Reporting Requirementsfor Barges 
          Loaded with Certain Dangerous Cargoes, Inland Rivers,Eighth 
          Coast Guard District.
165.835 Security Zone; Port of Mobile, Mobile Ship Channel,Mobile, AL.

                       Ninth Coast Guard District

165.901 Great Lakes--regulated navigation areas.
165.902 Niagara River at Niagara Falls, NewYork--safety zone.
165.903 Safety Zones: Cuyahoga River and Old River,Cleveland, OH.
165.904 Lake Michigan at Chicago Harbor & Burnham ParkHarbor--Safety and 
          Security Zone.
165.905 USX Superfund Site Safety Zones: St. Louis River.
165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland,OH--regulated 
          navigation areas.
165.907 Safety Zones: Annual fireworks events in the Captainof the Port 
          Detroit Zone.
165.909 [Reserved]
165.910 Security Zones; Captain of the Port Lake Michigan.
165.911 Security Zones; Captain of the Port Buffalo Zone.
165.912 Security Zone; Lake Erie, Perry, OH.
165.914 [Reserved]
165.915 Security zones; Captain of the Port Detroit.
165.916 Security Zones; Captain of the Port Milwaukee Zone,Lake 
          Michigan.
165.918 [Reserved]
165.920 Regulated Navigation Area: USCG Station Port Huron,Port Huron, 
          MI, Lake Huron.
165.921 Regulated Navigation Area; Reporting Requirementsfor Barges 
          Loaded with Certain Dangerous Cargoes, Illinois WaterwaySystem 
          located within the Ninth Coast Guard District.
165.923 Regulated Navigation Area between mile markers 296.1and 296.7 of 
          the Chicago Sanitary and Ship Canal located nearRomeoville, 
          IL.
165.927 Safety Zone; St. Louis River, Duluth/Interlake TarRemediation 
          Site, Duluth, MN.
165.928 Security Zone; Mackinac Bridge, Straits of Mackinac,Michigan.
165.929 Safety Zones; Annual events requiring safety zonesin the Captain 
          of the Port Lake Michigan zone.
165.931 Safety Zone, Chicago Harbor, Navy Pier Southeast,Chicago, IL.
165.933 Safety Zone, Chicago Harbor, Navy Pier East,Chicago, IL.
165.935 Safety Zone, Milwaukee Harbor, Milwaukee, WI.
165.939 Safety Zones; Annual Fireworks Events in the Captainof the Port 
          Buffalo Zone.

                      Eleventh Coast Guard District

165.T11-036 Safety Zone; San Diego SymphonyOrchestra; San Diego, CA.
165.1101 Security Zone: San Diego Bay, CA.
165.1102 Security Zone: San Diego Bay, California.
165.1103 Security Zone: San Diego Bay, CA.
165.1104 Security Zone: San Diego Bay, CA.
165.1105 Security Zone: San Diego Bay, California.
165.1106 San Diego Bay, California--safety zone.
165.1107 San Diego Bay, California.
165.1108 Security Zones; Cruise Ships, Port of San Diego,California.
165.1110 Security Zone: Coronado Bay Bridge, San Diego, CA.
165.1120 Security Zone; Naval Amphibious Base, San Diego,CA.
165.1121 Security Zone: Fleet Supply Center Industrial Pier,San Diego, 
          CA.
165.1122 San Diego Bay, Mission Bay and theirApproaches--Regulated 
          navigation area.
165.1131 Security Zone: Wilson Cove, San Clemente Island,California.
165.1151 Security Zones; liquefied hazardous gas tankvessels, San Pedro 
          Bay, California.
165.1152 San Pedro Bay, California--Regulatednavigation area.
165.1154 Security Zones; Cruise Ships, San Pedro Bay,California.
165.1155 Security Zone; Diablo Canyon Nuclear Power Plant,Avila Beach, 
          California.
165.1156 Safety Zone; Offshore Marine Terminal, El Segundo,CA.
165.1171 Copper Canyon, Lake Havasu, ColoradoRiver--Regulated Navigation 
          Area.
165.1181 San Francisco Bay Region,California--regulated navigation area.
165.1182 Safety/Security Zone: San Francisco Bay, San PabloBay, 
          Carquinez Strait, and Suisun Bay, CA.

[[Page 656]]

165.1183 Security Zones; Cruise Ships, Tankers and HighInterest Vessels, 
          San Francisco Bay and Delta Ports, Monterey Bay andHumboldt 
          Bay, California.
165.1185 Regulated Navigation Area; San Francisco Bay, SanPablo Bay, 
          Carquinez Strait, Suisun Bay, Sacramento River, San 
          JoaquinRiver, and connecting waters in California.
165.1187 Security Zones; Golden Gate Bridge and the SanFrancisco-Oakland 
          Bay Bridge, San Francisco Bay, California.
165.1190 Security Zone; San Francisco Bay, Oakland Estuary,Alameda, CA.
165.1191 Safety zones: Northern California annual fireworksevents.
165.1192 Security Zones; Waters surrounding San FranciscoInternational 
          Airport and Oakland International Airport, San FranciscoBay, 
          California.
165.1195 Regulated Navigation Area; Humboldt Bay Bar Channeland Humboldt 
          Bay Entrance Channel, Humboldt Bay, California.
165.1197 Security Zones; San Francisco Bay, San Pablo Bay,Carquinez 
          Strait, Suisun Bay, California.
165.1199 Security Zones; Military Ocean Terminal Concord(MOTCO), 
          Concord, California.

                     Thirteenth Coast Guard District

165.T13-034 Safety Zones: Fireworks displays in theCaptain of the Port, 
          Puget Sound.
165.T13-035 Safety Zone: Wreckage of the M/V NEWCARISSA, Pacific Ocean 3 
          Nautical Miles North of the Entrance to CoosBay, Oregon.
165.1301 Puget Sound and Adjacent Waters in NorthwesternWashington--
          Regulated Navigation Area.
165.1302 Bangor Naval Submarine Base, Bangor, WA.
165.1303 Puget Sound and adjacent waters,WA--regulated navigation area.
165.1304 Bellingham Bay, Bellingham, WA.
165.1305 Commencement Bay, Tacoma, WA.
165.1306 Lake Union, Seattle, WA.
165.1307 Elliott Bay, Seattle, WA.
165.1308 Columbia River, Vancouver WA.
165.1309 Eagle Harbor, Bainbridge Island, WA.
165.1310 Strait of Juan de Fuca and adjacent coastal watersof Northwest 
          Washington; Makah Whale Hunting--RegulatedNavigation Area.
165.1311 Olympic View Resource Area, Tacoma, WA.
165.1312 Security Zone; Portland Rose Festival on WillametteRiver.
165.1313 Security zone regulations, tank ship protection,Puget Sound and 
          adjacent waters, Washington
165.1314 Safety Zone; Fort Vancouver Fireworks Display,Columbia River, 
          Vancouver, Washington.
165.1315 Safety Zones: Fireworks displays in the Captain ofthe Port 
          Portland Zone.
165.1316 Safety Zone; Columbia River, Astoria, Oregon.
165.1317 Security and Safety Zone; Large Passenger VesselProtection, 
          Puget Sound and adjacent waters, Washington.
165.1318 Security and Safety Zone Regulations, LargePassenger Vessel 
          Protection, Portland, OR Captain of the Port Zone
165.1319 Safety Zone Regulations, Seafair Blue Angels AirShow 
          Performance, Seattle, WA.
165.1321 Security Zone; Protection of Military Cargo,Captain of the Port 
          Zone Puget Sound, WA.

                     Fourteenth Coast Guard District

165.1401 Apra Harbor, Guam--safety zones.
165.1402 Apra Outer Harbor, Guam--regulated navigationarea.
165.1403 Security Zones; Tinian, Commonwealth of theNorthern Mariana 
          Islands.
165.1404 Apra Harbor, Guam--security zone.
165.1405 Regulated Navigation Areas and Security Zones;Designated 
          Escorted Vessels-Philippine Sea and Apra Harbor, 
          Guam(including Cabras Island Channel), and Tanapag Harbor, 
          Saipan,Commonwealth of the Northern Mariana Islands (CNMI).
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF),Barking 
          Sands, Island of Kauai, Hawaii.
165.1407 Security Zones; Oahu, HI.
165.1408 Security Zones; Maui, HI.
165.1409 Security Zones; Hawaii, HI.
165.1410 Security Zones; Kauai, HI.
165.1411 Security zone; waters surrounding U.S. Forcesvessel SBX-1, HI.

                    Seventeenth Coast Guard District

165.1701 Port Valdez, Valdez, Alaska--safety zone.
165.1702 Gastineau Channel, Juneau, Alaska--safetyzone.
165.1703 Ammunition Island, Port Valdez, Alaska.
165.1704 Prince William Sound, Alaska-regulated navigationarea.
165.1706 Gastineau Channel, Juneau, Alaska--SafetyZone.
165.1708 Tongass Narrows, Ketchikan, Alaska--SafetyZone.
165.1709 Security Zones: Liquefied Natural Gas TankerTransits and 
          Operations at Phillips Petroleum LNG Pier, Cook Inlet,AK.
165.1710 Port Valdez and Valdez Narrows, Valdez,Alaska--security zones.
165.1711 Security Zones; Waters of the Seventeenth CoastGuard District

                  Subpart G_Protection of Naval Vessels

165.2010 Purpose.

[[Page 657]]

165.2015 Definitions.
165.2020 Enforcement authority.
165.2025 Atlantic Area.
165.2030 Pacific Area.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701,3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1(g),6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat.2064; Department of Homeland Security Delegation No. 
0170.1

    Source: CGD 79-034, 47 FR 29660, July 8, 1982,unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 165 appearby USCG-2006-
25556, 72 FR 36328, 36329, July 2, 2007.



                            Subpart A_General



Sec. 165.1  Purpose of part.

    The purpose of this part is to:
    (a) Prescribe procedures for establishing different types oflimited 
or controlled access areas and regulated navigation areas;
    (b) Prescribe general regulations for different types of limitedor 
controlled access areas and regulated navigation areas;
    (c) Prescribe specific requirements for established areas; and
    (d) List specific areas and their boundaries.



Sec. 165.5  Establishment procedures.

    (a) A safety zone, security zone, or regulated navigation area maybe 
established on the initiative of any authorized Coast Guardofficial.
    (b) Any person may request that a safety zone, security zone, 
orregulated navigation area be established. Except as provided 
inparagraph (c) of this section, each request must be submitted 
inwriting to either the Captain of the Port or District Commander 
havingjurisdiction over the location as described in Part 3 of this 
chapter,and include the following:
    (1) The name of the person submitting the request;
    (2) The location and boundaries of the safety zone, security zone,or 
regulated navigation area;
    (3) The date, time, and duration that the safety zone, securityzone, 
or regulated navigation area should be established;
    (4) A description of the activities planned for the safety 
zone,security zone, or regulated navigation area;
    (5) The nature of the restrictions or conditions desired; and
    (6) The reason why the safety zone, security zone, or 
regulatednavigation area is necessary.
    (c) Safety Zones and Security Zones. If, for good cause, therequest 
for a safety zone or security zone is made less than 5 workingdays 
before the zone is to be established, the request may be madeorally, but 
it must be followed by a written request within 24 hours.

(Requests for safety zones, security zones, and regulatednavigation 
areas are approved by the Office of Management and Budgetunder control 
number 1625-0020)

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCGD 79-026, 48 FR 
35408, Aug. 4, 1983;USCG-2006-25150, 71 FR 39211, July 12, 2006]



Sec. 165.7  Notification.

    (a) The establishment of these limited access areas and 
regulatednavigation areas is considered rulemaking. The procedures used 
tonotify persons of the establishment of these areas vary depending 
uponthe circumstances and emergency conditions. Notification may be 
madeby marine broadcasts, local notice to mariners, local news 
media,distribution in leaflet form, and on-scene oral notice, as well 
aspublication in the Federal Register.
    (b) Notification normally contains the physical boundaries of 
thearea, the reasons for the rule, its estimated duration, and the 
methodof obtaining authorization to enter the area, if applicable, 
andspecial navigational rules, if applicable.
    (c) Notification of the termination of the rule is usually made 
inthe same

form as the notification of its establishment.



Sec. 165.8  Geographic coordinates.

    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

[[Page 658]]

only after application ofthe appropriate corrections that are published 
on the particular mapor chart being used.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 165.9  Geographic application of limited and controlled access areas andregulated navigation areas.

    (a) General. The geographic application of the limited andcontrolled 
access areas and regulated navigation areas in this partare determined 
based on the statutory authority under which each iscreated.
    (b) Safety zones and regulated navigation areas. These zonesand 
areas are created under the authority of the Ports and WaterwaysSafety 
Act, 33 U.S.C. 1221-1232. Safety zones established under33 U.S.C. 1226 
and regulated navigation areas may be established inwaters subject to 
the jurisdiction of the United States as defined inSec. 2.38 of this 
chapter, including the territorial sea toa seaward limit of 12 nautical 
miles from the baseline.
    (c) Security zones. These zones have two sources ofauthority--the 
Ports and Waterways Safety Act, 33 U.S.C.1221-1232, and the Act of June 
15, 1917, as amended by both theMagnuson Act of August 9, 1950 
(``Magnuson Act''), 50U.S.C. 191-195, and sec. 104 the Maritime 
TransportationSecurity Act of 2002 (Pub. L. 107-295, 116 Stat. 
2064).Security zones established under either 33 U.S.C. 1226 or 50 
U.S.C.191 may be established in waters subject to the jurisdiction of 
theUnited States as defined in Sec. 2.38 of this chapter,including the 
territorial sea to a seaward limit of 12 nautical milesfrom the 
baseline.
    (d) Naval vessel protection zones. These zones are issuedunder the 
authority of 14 U.S.C. 91 and 633 and may be established inwaters 
subject to the jurisdiction of the United States as defined inSec. 2.38 
of this chapter, including the territorial sea toa seaward limit of 12 
nautical miles from the baseline.

[USCG-2001-9044, 68 FR 42602, July 18, 2003, asamended by USCG-2006-
25411, 71 FR 54421, Sept. 15, 2006]



                  Subpart B_Regulated Navigation Areas



Sec. 165.10  Regulated navigation areas.

    A regulated navigation area is a water area within a definedboundary 
for which regulations for vessels navigating within the areahave been 
established under this part.



Sec. 165.11  Vessel operating requirements (regulations).

    Each District Commander may control vessel traffic in an areawhich 
is determined to have hazardous conditions, by issuingregulations:
    (a) Specifying times of vessel entry, movement, or departure 
to,from, within, or through ports, harbors, or other waters;
    (b) Establishing vessel size, speed, draft limitations, andoperating 
conditions; and
    (c) Restricting vessel operation, in a hazardous area or 
underhazardous conditions, to vessels which have particular 
operatingcharacteristics or capabilities which are considered necessary 
forsafe operation under the circumstances.

[CGD 79-026, 48 FR 35408, Aug. 4, 1983]



Sec. 165.13  General regulations.

    (a) The master of a vessel in a regulated navigation area 
shalloperate the vessel in accordance with the regulations contained 
inSubpart F.
    (b) No person may cause or authorize the operation of a vessel ina 
regulated navigation area contrary to the regulations in this part.



                         Subpart C_Safety Zones



Sec. 165.20  Safety zones.

    A Safety Zone is a water area, shore area, or water and shore areato 
which, for safety or environmental purposes, access is limited 
toauthorized persons, vehicles, or vessels. It may be stationary 
anddescribed by fixed limits or it may be described as a zone around 
avessel in motion.



Sec. 165.23  General regulations.

    Unless otherwise provided in this part:

[[Page 659]]

    (a) No person may enter a safety zone unless authorized bythe COTP 
or the District Commander;
    (b) No person may bring or cause to be brought into a safety zoneany 
vehicle, vessel, or object unless authorized by the COTP or theDistrict 
Commander;
    (c) No person may remain in a safety zone or allow any 
vehicle,vessel, or object to remain in a safety zone unless authorized 
by theCOTP or the District Commander; and
    (d) Each person in a safety zone who has notice of a lawful orderor 
direction shall obey the order or direction of the COTP or 
DistrictCommander issued to carry out the purposes of this subpart.



                        Subpart D_Security Zones



Sec. 165.30  Security zones.

    (a) A security zone is an area of land, water, or land and 
waterwhich is so designated by the Captain of the Port or 
DistrictCommander for such time as is necessary to prevent damage or 
injury toany 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.
    (b) The purpose of a security zone is to safeguard fromdestruction, 
loss, or injury from sabotage or other subversive acts,accidents, or 
other causes of a similar nature:
    (1) Vessels,
    (2) Harbors,
    (3) Ports, and
    (4) Waterfront facilities:

in the United States and all territory and water, continentalor insular, 
that is subject to the jurisdiction of the United States.



Sec. 165.33  General regulations.

    Unless otherwise provided in the special regulations in Subpart Fof 
this part:
    (a) No person or vessel may enter or remain in a security 
zonewithout the permission of the Captain of the Port;
    (b) Each person and vessel in a security zone shall obey 
anydirection or order of the Captain of the Port;
    (c) The Captain of the Port may take possession and control of 
anyvessel in the security zone;
    (d) The Captain of the Port may remove any person, vessel,article, 
or thing from a security zone;
    (e) No person may board, or take or place any article or thing 
onboard, any vessel in a security zone without the permission of 
theCaptain of the Port; and
    (f) No person may take or place any article or thing upon 
anywaterfront facility in a security zone without the permission of 
theCaptain of the Port.



                  Subpart E_Restricted Waterfront Areas



Sec. 165.40  Restricted waterfront areas.

    The Commandant, may direct the COTP to prevent access towaterfront 
facilities, and port and harbor areas, including vesselsand harbor craft 
therein. This section may apply to persons who do notpossess the 
credentials outlined in Sec. 125.09 of thischapter when certain 
shipping activities are conducted that areoutlined in Sec. 125.15 of 
this chapter.



  Subpart F_Specific Regulated Navigation Areas and LimitedAccess Areas

                       First Coast Guard District



Sec. 165.T01-165  Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ, AtlanticOcean.

    (a) Location. The following area is a Safety Zone: Allnavigable 
waters of the Atlantic Ocean within a 250 yard radius ofAmbrose Light 
(LLNR 720) at position 40[deg]27[min]00[sec] N,73[deg]48[min]00[sec] W, 
approximately 8.35 nautical miles east ofSandy Hook, NJ.
    (b) Effective dates. This regulation is effective from 11:59p.m. on 
May 5, 2008 to 11:59 p.m. on November 1, 2008.
    (c) Definitions. The following definition applies to thissection: 
On-scene representative, means any commissioned,warrant, and petty 
officers of the Coast Guard on board Coast Guard,Coast Guard Auxiliary, 
and local, state, and federal law enforcementvessels who have been 
authorized to act on

[[Page 660]]

the behalf of theCaptain of the Port, New York.
    (d) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) In accordance with the general regulations inSec. 165.23 of 
this part, entry into, transiting, oranchoring within this safety zone 
is prohibited unless authorized bythe Captain of the Port New York, or 
his on-scene representative.

[USCG-2008-0373, 73 FR 30485, May 28, 2008]

    Effective Date Note: By USCG-2008-0373, 73FR 30485, May 28, 2008, 
temporary Sec. 165.T01-165was added, effective May 5, 2008 through Nov. 
1, 2008.



Sec. 165.T01-0301  Security Zone: Liquefied Natural Gas Carrier Transit and AnchorageOperations, Massachusetts Bay, MA.

    (a) Location. The following area is a security zone:
    All waters of Massachusetts Bay, from surface to bottom, within 
afive hundred (500) meter radius of any Liquefied Natural Gas 
Carrierengaged in regasification or transfer, or otherwise moored, 
anchored,or affixed to the Northeast Gateway Deepwater Port located 
inMassachusetts Bay at approximate position 42[deg]23[min] 
N,70[deg]36[min] W.
    (b) Effective period. This section is effective from May 16,2008, 
through July 12, 2008.
    (c) Definitions. As used in this section--
    Authorized representative means a Coast Guard commissioned,warrant, 
or petty officer or a Federal, State, or local lawenforcement officer 
designated by or assisting the Captain of thePort, Boston (COTP).
    Deepwater port means any facility or structure meeting thedefinition 
of deepwater port in 33 CFR 148.5.
    Support vessel means any vessel meeting the definition ofsupport 
vessel in 33 CFR 148.5.
    (d) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into ormovement within the security 
zones is prohibited unless authorized bythe COTP or his/her authorized 
representative. Support vesselsassisting the Liquefied Natural Gas 
Carrier calling on the NortheastGateway Deepwater Port are authorized to 
enter and move within thesecurity zones of this section in the normal 
course of theiroperations.
    (2) Vessel operators desiring to enter or operate within thesecurity 
zone must contact the COTP or the COTP's designatedrepresentative to 
obtain permission by calling the Sector BostonCommand Center at 617-223-
5761 or via VHF-FMChannel 16. All persons and vessels granted permission 
to enter thesecurity zone shall comply with the directions of the COTP 
or theCOTP's authorized representative.

[USCG-2008-0301, 73 FR 31613, June 3, 2008]

    Effective Date Note: By USCG-2008-0301, 73FR 31613, June 3, 2008, 
temporary Sec. 165.T01-0301was added, effective May 16, 2008 through 
July 12, 2008.



Sec. 165.T01-0372  Safety Zones: Northeast Gateway, Deepwater Port, Atlantic Ocean,Boston, MA.

    (a) Location. The following areas are safety zones: Allnavigable 
waters of the United States within a 500-meter radius of thetwo 
submerged turret loading buoys of the Northeast Gateway DeepwaterPort 
located at 42[deg]23[min]38[sec] N, 070[deg]35[min]31[sec]W and 
42[deg]23[min]56[sec] N, 070[deg]37[min]00[sec]. Allcoordinates are 
North American Datum 1983.
    (b) Definitions. As used in this section--
    Authorized representative means a Coast Guard commissioned,warrant, 
or petty officer or a Federal, State, or local lawenforcement officer 
designated by or assisting the Captain of thePort, Boston (COTP).
    Deepwater port means any facility or structure meeting thedefinition 
of deepwater port in 33 CFR 148.5.
    Support vessel means any vessel meeting the definition ofsupport 
vessel in 33 CFR 148.5.
    (c) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) In accordance with the general regulations inSec. 165.23 of 
this part, entry into or movement withinthese zones is prohibited unless 
authorized by the Captain of thePort, Boston. Liquefied Natural Gas 
Carrier vessels and relatedSupport Vessels calling on the Northeast 
Gateway Deepwater Port

[[Page 661]]

are authorized to enter and move within the safety zones of thissection 
in the normal course of their operations.
    (3) All persons and vessels shall comply with the Coast GuardCaptain 
of the Port or authorized representative.
    (4) Upon being hailed by an authorized representative by 
siren,radio, flashing light or other means, the operator of the vessel 
shallproceed as directed.
    (5) Persons and vessels may contact the Coast Guard to 
requestpermission to enter the zone on VHF-FM Channel 16 or via phoneat 
617-223-5761.

[USCG-2008-0372, 73 FR 28041, May 15, 2008]

    Effective Date Note: By USCG-2008-0372, 73FR 28041, May 15, 2008, 
temporary Sec. 165.T01-0372was added, effective May 7, 2008 through 
July 12, 2008.



Sec. 165.T01-0421  Safety Zones: Central Massachusetts Swim Events.

    (a) Location. The following swim events include safety zonesas 
described herein:
    (1) Cohasset Triathlon, Sandy Beach, Cohasset, MA
    (i) All waters in the vicinity of Cohasset Harbor, from surface 
tobottom, within a 200-yard radius around Sandy Beach.
    (ii) Effective Date. This rule will be effective from 7:30a.m. 
through 9 a.m. on June 29, 2008.
    (2) Swim Across America, Boston, MA to Boston Light, MA
    (i) All waters of Boston Harbor, from surface to bottom, within 
a100-yard radius around the swimmers swimming from Rowes Wharf toBoston 
Light.
    (ii) Effective Date. This rule will be effective from 7 a.m.through 
3 p.m. on July 11, 2008.
    (3) Swim Across America, Nantasket Beach, Hull, MA
    (i) All waters of Nantasket Beach, from surface to bottom, withina 
100-yard radius around Nantasket Beach.
    (ii) Effective Date. This rule will be effective from 9 a.m.through 
11 a.m. on July 12, 2008.
    (4) Charles River One Mile Swim, Charles River, Boston, MA
    (i) All waters of Charles River, from surface to bottom, betweenthe 
Longfellow Bridge and the Harvard bridge.
    (ii) Effective Date. This rule will be effective from 7:45a.m. 
through 9:15 a.m. on June 15, 2008.
    (b) Definition. As used in this section, designatedrepresentative 
means any Coast Guard commissioned, warrant, or pettyofficer, or any 
federal, state, or local law enforcement officerauthorized to enforce 
this regulation on behalf of the Coast GuardCaptain of the Port (COTP).
    (c) Regulations. (1) In accordance with the generalregulations in 
section 165.23 of this part, entry into or remaining inthe safety zones 
described in paragraph (a) of this section isprohibited unless 
authorized by the COTP Boston, or the COTP'sdesignated representative.
    (2) Persons desiring to transit within the safety zonesestablished 
in this section may contact the COTP at telephone number617-223-3008 or 
via on-scene patrol personnel on VHFchannel 16 to seek permission to do 
so. If permission is granted, allpersons and vessels must comply with 
the instructions of the COTP orhis or her designated representative.

[USCG-2008-0421, 73 FR 35348, June 23, 2008]

    Effective Date Note: By USCG-2008-0421, 73FR 35348, June 23, 2008, 
temporary Sec. 165.T01-0421was added, effective June 15, 2008 through 
July 12, 2008.



Sec. 165.100  Regulated Navigation Area: Navigable waters within the First CoastGuard District.

    (a) Regulated navigation area. All navigable waters of theUnited 
States, as that term is used in 33 CFR 2.36, within thegeographic 
boundaries of the First Coast Guard District, as defined in33 CFR 3.05-
1(b).
    (b) Definitions. Terms used in this section have the samemeaning as 
those found in 33 CFR 157.03. Single-hull identifies anytank barge that 
is not a double-hull tank barge.
    (c) Applicability. This section applies to primary towingvessels 
engaged in towing tank barges carrying petroleum oil in bulkas cargo in 
the regulated navigation area, or as authorized by theDistrict 
Commander.
    (d) Regulations--(1) Positive control forbarges. (i) Except as 
provided in paragraph (d)(1)(iii) andparagraph 5 of this section, each 
single hull tank barge,

[[Page 662]]

unlessbeing towed by a primary towing vessel with twin-screw propulsion 
andwith a separate system for power to each screw, must be accompanied 
byan escort tug of sufficient capability to promptly push or tow thetank 
barge away from danger of grounding or collision in the eventof--
    (A) A propulsion failure;
    (B) A parted towing line;
    (C) A loss of tow;
    (D) A fire;
    (E) Grounding;
    (F) A loss of steering; or
    (G) Any other time a vessel may be operating in a Hazardous 
VesselOperating Condition as defined in Sec. 161.2 of thisChapter.
    (ii) Double-hull tank barges are exempt from paragraph (d)(1)(i)of 
this section.
    (iii) The cognizant Captain of the Port (COTP), upon 
writtenapplication, may authorize an exemption from the requirements 
ofparagraph (d)(1)(i) of this section for--
    (A) Any tank barge with a capacity of less than 25,000 
barrels,operating in an area with limited depth or width such as a creek 
orsmall river; or
    (B) Any tank barge operating on any waters within the COTP Zone,if 
the operator demonstrates to the satisfaction of the COTP that thebarge 
employs an equivalent level of safety to that provided by thepositive 
control provisions of this section. Each request for anexemption under 
this paragraph must be submitted in writing to thecognizant COTP no 
later than 7 days before the intended transit.
    (iv) The operator of a towing vessel engaged in towing any tankbarge 
must immediately call for an escort or assist tug to renderassistance in 
the event of any of the occurrences identified inparagraph (d)(1)(i) of 
this section.
    (2) Enhanced communications. Each vessel engaged in towing atank 
barge must communicate by radio on marine band or Very HighFrequency 
(VHF) channel 13 or 16, and issue security calls on marineband or VHF 
channel 13 or 16, upon approach to the following places:
    (i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).
    (ii) Matinecock Point Shoal Buoy (LLNR 21420).
    (iii) 32A Buoy (LLNR 21380).
    (iv) Cable and Anchor Reef Buoy (LLNR 21330).
    (v) Stratford Middle Ground Light (LLNR 21260).
    (vi) Old Field Point Light (LLNR 21275).
    (vii) Approach to Stratford Point from the south (NOAA Chart12370).
    (viii) Falkner Island Light (LLNR 21170).
    (ix) TE Buoy (LLNR 21160).
    (x) CF Buoy (LLNR 21140).
    (xi) PI Buoy (LLNR 21080).
    (xii) Race Rock Light (LLNR 19815).
    (xiii) Valiant Rock Buoy (LLNR 19825).
    (xiv) Approach to Point Judith in vicinity of Block Island 
ferryroute.
    (xv) Buzzards Bay Entrance Light (LLNR 630).
    (xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
    (xvii) Cleveland East Ledge Light (LLNR 16085).
    (xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
    (xix) Approach to the Bourne Bridge.
    (xx) Approach to the Sagamore Bridge.
    (xxi) Approach to the eastern entrance of Cape Cod Canal.
    (3) Voyage planning. (i) Each owner or operator of a towingvessel 
employed to tow a tank barge shall prepare a written voyageplan for each 
transit of the tank barge.
    (ii) The watch officer is authorized to make modifications to 
theplan and validate it as necessary.
    (iii) Except as provided in paragraph (d)(3)(iv) of this 
section,each voyage plan must contain:
    (A) A description of the type, volume, and grade of cargo.
    (B) Applicable information from nautical charts and 
publications,including Coast Pilot, Coast Guard Light List, and Coast 
Guard LocalNotice to Mariners, for the destination(s).
    (C) Current and forecasted weather, including visibility, wind,and 
sea state for the destination(s).
    (D) Data on tides and tidal currents for the destination(s).
    (E) Forward and after drafts of the tank barge, and under-keel 
andvertical clearances for each port and berthing area.

[[Page 663]]

    (F) Pre-departure checklists.
    (G) Calculated speed and estimated times of arrival at 
proposedwaypoints.
    (H) Communication contacts at Vessel Traffic Service (VTS) 
(ifapplicable), bridges, and facilities, and port-specific 
requirementsfor VHF radio.
    (I) The master's standing orders detailing closest points 
ofapproach, special conditions, and critical maneuvers.
    (iv) Each owner or operator of a tank barge on an intra-porttransit 
of not more than four hours may prepare a voyage plan thatcontains:
    (A) The information described in paragraphs (d)(3)(iii)(D) and (E)of 
this section.
    (B) Current weather conditions including visibility, wind, and 
seastate. This information may be entered in either the voyage plan 
ortowing vessel's log book.
    (C) The channels of VHF radio to monitor.
    (D) Other considerations such as availability of pilot, assisttug, 
berth, and line-handlers, depth of berth at mean low water,danger areas, 
and security calls.
    (4) Navigation restriction areas. Unless authorized by thecognizant 
COTP, no tank barge may operate in--
    (i) The waters of Cape Cod Bay south of latitude 42[deg]5[min]North 
and east of longitude 70[deg]25[min] West; or
    (ii) The waters of Fishers Island Sound east of 
longitude72[deg]2[min] West, and west of longitude 71[deg]55[min] West.
    (5) Special Buzzards Bay regulations. (i) For the purposesof this 
section, ``Buzzards Bay'' is the body of watereast and north of a line 
drawn from the southern tangent of SakonnetPoint, Rhode Island, in 
approximate position latitude41[deg]-27.2[min] North, longitude 70[deg]-
11.7[min]West, to the Buzzards Bay Entrance Light in approximate 
positionlatitude 41[deg]-23.5[min] North, longitude71[deg]-02.0[min] 
West, and then to the southwestern tangentof Cuttyhunk Island, 
Massachusetts, at approximate position latitude41[deg]-24.6[min] North, 
longitude 70[deg]-57.0[min]West, and including all of the Cape Cod Canal 
to its eastern entrance,except that the area of New Bedford harbor 
within the confines (north)of the hurricane barrier, and the passages 
through the ElizabethIslands, is not considered to be ``Buzzards Bay''.
    (ii) Additional positive control for barges. Except asprovided in 
paragraph (d)(1)(iii) of this section, each single hulltank barge 
transiting Buzzards Bay and carrying 5,000 or more barrelsof oil or 
other hazardous material must, in addition to its primarytug, be 
accompanied by an escort tug of sufficient capability topromptly push or 
tow the tank barge away from danger of grounding orcollision in the 
event of--
    (A) A propulsion failure;
    (B) A parted tow line;
    (C) A loss of tow;
    (D) A fire;
    (E) Grounding;
    (F) A loss of steering; or
    (G) Any other time a vessel may be operating in a Hazardous 
VesselOperating Condition as defined in Sec. 161.2 of thissubchapter.
    (iii) Federal pilotage. Each single hull tank bargetransiting 
Buzzards Bay and carrying 5,000 or more barrels of oil orother hazardous 
material must be under the direction and control of apilot, who is not a 
member of the crew, operating under a valid,appropriately endorsed, 
Federal first class pilot's license issued bythe Coast Guard 
(``federally licensed pilot''). Pilots arerequired to embark, direct, 
and control from the primary tug duringtransits of Buzzards Bay.
    (iv) In addition to the vessels denoted in Sec. 161.16of this 
chapter, requirements set forth in subpart B of 33 CFR part161 also 
apply to any vessel transiting VMRS Buzzards Bay required tocarry a 
bridge-to-bridge radiotelephone by Part 26 of this chapter.
    (A) A VMRS Buzzards Bay user must:
    (1) Not enter or get underway in the area without firstnotifying the 
VMRS Center;
    (2) Not enter VMRS Buzzards Bay if a Hazardous VesselOperating 
Condition or circumstance per Sec. 161.2 of thisSubchapter exists;
    (3) If towing astern, do so with as short a hawser as safetyand good 
seamanship permits;
    (4) Not meet, cross, or overtake any other VMRS user in thearea 
without first notifying the VMRS center;

[[Page 664]]

    (5) Before meeting, crossing, or overtaking any otherVMRS user in 
the area, communicate on the designated vessel bridge-to-bridge 
radiotelephone frequency, intended navigation movements, andany other 
information necessary in order to make safe passingarrangements. This 
requirement does not relieve a vessel of any dutyprescribed by the 
International Regulations for Prevention ofCollisions at Sea, 1972 (33 
U.S.C. 1602(c)) or the Inland NavigationRules (33 U.S.C. 2005).
    (B) [Reserved]
    (e) In addition to the authority for this part 165, this sectionis 
also authorized under authority of section 311, Pub. L.105-383.

[CGD1-98-151, 63 FR 71770, Dec. 30, 1998, asamended by CGD01-98-151, 64 
FR 12749, Mar. 15, 1999;USCG-1999-5832, 64 FR 34715, June 29, 
1999;CGD01-98-151, 65 FR 35838, June 6, 2000;CGD01-04-133, 72 FR 50058, 
Aug. 30, 2007;CGD01-04-133, 72 FR 70780, Dec. 13, 2007;USCG-2008-0179, 
73 FR 35016, June 19, 2008]



Sec. 165.101  Kittery, Maine--regulated navigation area.

    (a) The following is a regulated navigation area--Waterswithin the 
boundaries of a line beginning at 43[deg]04[min]50[sec]N, 
70[deg]44[min]52[sec] W; then to 43[deg]04[min]52[sec] 
N,70[deg]44[min]53[sec] W; then to 43[deg]04[min]59[sec] 
N,70[deg]44[min]46[sec] W; then to 43[deg]05[min]05[sec] 
N,70[deg]44[min]32[sec] W; then to 43[deg]05[min]03[sec] 
N,70[deg]44[min]30[sec] W; then to the beginning point.
    (b) Regulations. No vessel may operate in this area at aspeed in 
excess of five miles per hour.



Sec. 165.102  Security Zone: Walkers Point, Kennebunkport ME.

    (a) Location. The following area is a security zone: Frompoint of 
land located on Cape Arundel at latitude 43[deg]20.4[min]North, 
Iongitude 070[deg]28.0[min] West; thence to a pointapproximately 500 
yards southwest of Walkers Point located at latitude43[deg]20.2[min] 
North, longitude 070[deg]27.9[min] West; thenceto a point located 
approximately 500 yards south of Walkers Point atlatitude 
43[deg]20.1[min] North, longitude 070[deg]27.6[min] West;thence to a 
point located approximately southeast of Walkers Point atlatitude 
43[deg]20.4[min] North, longitude 070[deg]27.2[min] West;thence to an 
unnamed point of land located at 43[deg]20.9[min]North, longitude 
070[deg]27.1[min] West; thence along the shorelineof Walkers Point to 
the beginning point. The aforementioned offshorepositions are 
approximated by white buoys marked in orange indicatingan exclusionary 
area.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into thiszone is prohibited unless 
authorized by the Captain of the Port,Portland, Maine. Section 165.33 
also contained other generalrequirements.
    (2) No person may swim upon or below the surface of the waterwithin 
the boundaries of this security zone.

[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]



Sec. 165.103  Safety and Security Zones; LPG Vessel Transits in Portland, Maine,Captain of the Port Zone, Portsmouth Harbor, Portsmouth, NewHampshire.

    (a) Location. The following areas are safety and securityzones: (1) 
Except as provided in paragraph (a) (2) of this section,all navigable 
waters of the Portland, Maine, Captain of the Port zone,as defined in 33 
CFR 3.05-15, one mile ahead, one half mileastern, and 1000-yards on 
either side of any Liquefied Petroleum Gasvessel.
    (2) All waters of the Piscataqua River within a 500-yard radius 
ofany Liquefied Petroleum Gas (LPG) vessel while it is moored at the 
LPGreceiving facility on the Piscataqua River, Newington, New Hampshire.
    (b) Definitions. For purposes of this section, navigablewaters of 
the United States includes all waters of the territorial seaas described 
in Presidential Proclamation No. 5928 of December 27,1988. Presidential 
Proclamation No. 5928 of December 27, 1988 declaredthat the territorial 
sea of the United States extends to 12 nauticalmiles from the baseline 
of the United States.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. Sec. 165.23 and 165.33 of this part,entry into or movement within 
these zones is prohibited unlesspreviously authorized by the Captain of 
the Port (COTP), Portland,Maine.
    (2) All persons and vessels shall comply with the instructions ofthe 
COTP or the designated on-scene U.S. Coast Guard patrol personnel.On-
scene Coast

[[Page 665]]

Guard patrol personnel include commissioned,warrant, and petty officers 
of the Coast Guard on board Coast Guard,Coast Guard Auxiliary, and 
local, state, and federal law enforcementvessels. Emergency response 
vessels are authorized to move within thezone, but must abide by 
restrictions imposed by the Captain of thePort.
    (3) No person may swim upon or below the surface of the waterwithin 
the boundaries of the safety and security zones unlesspreviously 
authorized by the Captain of the Port, Portland, Maine orhis authorized 
patrol representative.
    (d) The Captain of the Port will notify the maritime community 
andlocal agencies of periods during which these safety and security 
zoneswill be in effect by providing notice of arrivals and departures 
ofLPG vessels via the telephone and/or Marine Safety Information 
RadioBroadcasts.

[CGD01-02-045, 67 FR 56487, Sept. 4, 2002]



Sec. 165.104  Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River,Bath, Maine.

    (a) Location. The following is a safety zone: all waters ofthe 
Kennebec River within a 150-yard radius of the Bath Iron Works drydock 
while it is being moved to and from its moored position at theBath Iron 
Works Facility in Bath, Maine to a deployed position in theKennebec 
River, and while launching or recovering vessels.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.23 of this part, entry into ormovement within this zone is 
prohibited unless authorized by theCaptain of the Port, Portland, Maine.
    (2) All vessel operators shall comply with the instructions of 
theCOTP or the designated on-scene U. S. Coast Guard patrol 
personnel.On-scene Coast Guard patrol personnel include commissioned, 
warrantand petty officers of the Coast Guard on board Coast Guard, 
CoastGuard Auxiliary, local, state and federal law enforcement vessels.
    (c) Notifications. The Captain of the Port will notify themaritime 
community of periods during which this safety zone will be ineffect by 
providing advance notice via Marine Safety Information RadioBroadcasts.

[CGD01-01-155, 67 FR 49582, July 31, 2002]



Sec. 165.105  Security Zones; Passenger Vessels, Portland, Maine, Captain of thePort Zone.

    (a) Definition. ``Passenger vessel'' as used inthis section means a 
passenger vessel over 100 gross tons authorizedto carry more than 500 
passengers for hire making voyages, any part ofwhich is on the high 
seas, and for which passengers are embarked,disembarked or pay a port 
call, in the Portland, Maine, Captain of thePort zone as delineated in 
33 CFR 3.05-15.
    (b) Location. The following areas are security zones:
    (1) All navigable waters within the Portland, Maine, Captain ofthe 
Port Zone, extending from the surface to the sea floor, within a100-yard 
radius of any passenger vessel that is anchored, moored, orin the 
process of mooring.
    (2) All navigable waters, within the Portland, Maine, Captain ofthe 
Port Zone, extending from the surface to the sea floor, extending200 
yards ahead, and 100 yards aside and astern of any passengervessel that 
is underway.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into ormovement within these zones is 
prohibited unless previously authorizedby the Coast Guard Captain of the 
Port, Portland, Maine (COTP) or hisdesignated representative.
    (2) All persons and vessels must comply with the instructions ofthe 
COTP or the designated on-scene Coast Guard patrol personnel. On-scene 
Coast Guard patrol personnel include commissioned, warrant andpetty 
officers of the Coast Guard on board Coast Guard, Coast GuardAuxiliary, 
and local, state and federal law enforcement vessels.Emergency response 
vessels are authorized to move within the zone, butmust abide by 
restrictions imposed by the COTP or his designatedrepresentative.
    (3) No person may swim upon or below the surface of the waterwithin 
the boundaries of these security zones unless previouslyauthorized by 
the COTP or his designated representative.
    (d) Enforcement. The Captain of the Port will enforce thesezones and 
may

[[Page 666]]

enlist the aid and cooperation of any Federal,state, county, municipal, 
or private agency to assist in theenforcement of the regulation.

[CGD01-03-001, 68 FR 22305, Apr. 28, 2003]



Sec. 165.106  Security Zone: Seabrook Nuclear Power Plant, Seabrook, NewHampshire.

    (a) Location. The following area is a security zone: Allland and 
waters within 250 yards of the waterside property boundary ofSeabrook 
Nuclear Power Plant identified as follows: beginning atposition 
42[deg]53[min]58[sec] N, 070[deg]51[min]06[sec] W thenrunning along the 
property boundaries of Seabrook Nuclear Power Plantto position 
42[deg]53[min]46[sec] N, 070[deg]51[min]06[sec] W.All coordinates 
reference 1983 North American Datum (NAD 83).
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into ormovement within this zone is 
prohibited unless authorized by theCaptain of the Port, Portland, Maine 
(COTP).
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port, Portland, Maine or designated on-scene 
U.S. Coast Guard patrol personnel. On-scene Coast Guard patrolpersonnel 
include commissioned, warrant, and petty officers of theCoast Guard on 
board Coast Guard, Coast Guard Auxiliary, local, stateand federal law 
enforcement vessels.
    (3) No person may swim upon or below the surface of the waterwithin 
the boundaries of this security zone.

[CGD01-02-092, 67 FR 64815, Oct. 22, 2002]



Sec. 165.110  Safety and Security Zone; Liquefied Natural Gas Carrier Transitsand Anchorage Operations, Boston, Massachusetts.

    (a) Definition. For purposes of this section, navigablewaters of the 
United States includes all waters of the territorial seaas described in 
Presidential Proclamation No. 5928 of December 27,1988. Presidential 
Proclamation No. 5928 of December 27, 1988 declaredthat the territorial 
sea of the United States extends to 12 nauticalmiles from the baseline 
of the United States.
    (b) Location. The following areas are safety and securityzones:
    (1) Vessels underway. All navigable waters of the UnitedStates 
within the Captain of the Port (COTP) Boston zone, as definedin 33 CFR 
3.05-10, two miles ahead and one mile astern, and 500yards on each side 
of any liquefied natural gas carrier (LNGC) vesselwhile underway.
    (2) Vessels anchored in the Broad Sound. All waters within a500-yard 
radius of any anchored LNGC vessel located in the waters ofBroad Sound 
bounded by a line starting at position 42 deg. 25[min] N,070 deg. 
58[min] W; then running southeast to position 42 deg.22[min] N, 070 deg. 
56[min] W; then running east to position 42 deg.22[min] N, 070 deg. 
50[min] W; then running north to position 42deg. 25[min] N, 070 deg. 
50[min] W; then running west back to thestarting point (NAD 83).
    (3) Vessels moored at the Distrigas LNG facility. All waterswithin a 
400-yard radius of any LNGC vessel moored at the DistrigasLNG facility 
in Everett, MA.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.23 and Sec. 165.33 of this part, entry into ormovement within 
these zones is prohibited unless authorized by theCaptain of the Port 
Boston, or his/her authorized representative.
    (2) All vessel operators shall comply with the instructions of 
theCOTP or his/her designated on-scene U.S. Coast Guard patrol 
personnel.On-scene Coast Guard patrol personnel include commissioned, 
warrant,and petty officers of the Coast Guard on board Coast Guard, 
CoastGuard Auxiliary, local, State, and Federal law enforcement vessels.
    (3) No person may enter the waters within the boundaries of 
thesafety and security zones in this section unless previously 
authorizedby the Captain of the Port, Boston, or his/her authorized 
patrolrepresentative.

[CGD01-02-023, 67 FR 63263, Oct. 11, 2002]

    Effective Date Note: By USCG-2007-0087, 73FR 34194, June 17, 2008, 
Sec. 165.110 was amended byrevising paragraphs (a), (c)(2) and (c)(3) 
and by adding paragraph (b)(4), effective July 17, 2008. For the 
convenience of the user, theadded and revised text is set forth as 
follows:

[[Page 667]]



Sec. 165.110  Safety and Security Zone; Liquefied Natural Gas Carrier 
          Transitsand Anchorage Operations, Boston, Massachusetts.

    (a) Definitions. As used in this section--
    Authorized representative means a Coast Guard commissioned,warrant, 
or petty officer or a Federal, State, or local lawenforcement officer 
designated by or assisting the Captain of the Port(COTP) Boston.
    Deepwater port means any facility or structure meeting thedefinition 
of deepwater port in 33 CFR 148.5.
    Support vessel means any vessel meeting the definition ofsupport 
vessel in 33 CFR 148.5.
    (b) * * *
    (4) Vessels calling on a deepwater port. All waters within a500-
meter radius of any LNGC engaged in regasification or transfer, 
orotherwise moored, anchored, or affixed to a deepwater port listed in33 
CFR 150.490 and falling within the waters of the Boston COTP Zone,as 
defined in 33 CFR 3.05-10.
    (c) * * *
    (2) No person or vessel may enter the waters within the boundariesof 
the safety and security zones described in paragraph (b) of thissection 
unless previously authorized by the COTP Boston, or his/herauthorized 
representative. However, LNGCs and support vessels, asdefined in 33 CFR 
148.5, operating in the vicinity of NEGDWP areauthorized to enter and 
move within such zones in the normal course oftheir operations following 
the requirements set forth in 33 CFR150.340 and 150.345, respectively.
    (3) All vessels operating within the safety and security 
zonesdescribed in paragraph (b) of this section must comply with 
theinstructions of the COTP or his/her authorized representative.



Sec. 165.111  Safety Zone: Boston Harbor, Boston, Massachusetts.

    (a) The following areas are established as safety zones during 
theconditions specified:
    (1) Around the U.S.S. Constitution or any accompanyingparade vessels 
when Constitution is under way--300 yardsin all directions in the waters 
around the U.S.S. Constitutionand each parade vessel accompanying 
Constitution whenever theU.S.S. Constitution is underway in Boston 
Harbor from the timesuch vessels depart their respective berths until 
the time theycomplete their transit and are safely moored.
    (2) Whenever Constitution is moored at Pier 1, CharlestownNavy 
Yard--the waters between Hoosac Pier and Pier 1,Charlestown Navy Yard, 
from the imaginary line connecting the outereasternmost point protruding 
into Boston Harbor from Hoosac Pier tothe outer westernmost point 
protruding into Boston Harbor from Pier 1,Charlestown Navy Yard, 
extending inbound along the face of both piersto the landside points 
where both piers end.
    (3) Around the U.S.S. Constitution--fifty yards in alldirections in 
the waters around Constitution when the vessel ismoored at any Boston 
berthing location other than Pier 1, CharlestownNavy Yard.
    (b) The general regulations governing safety zones as contained in33 
CFR 165.23 apply.

[CGD1 91-109, 57 FR 30407, July 9, 1992]



Sec. 165.112  Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.

    (a) Location. The following area is a safety zone:
    Around the USS CASSIN YOUNG (DD-793) and any accompanyingparade 
vessels when the USS CASSIN YOUNG is underway. The zone extends100 yards 
in all directions in the waters around the USS CASSIN YOUNGand 
accompanying parade vessels whenever the USS CASSIN YOUNG isunderway in 
Boston Harbor from the time the USS CASSIN YOUNG departsits berth until 
it is safely moored.
    (b) Regulations. The general regulations governing safetyzones as 
contained in 33 CFR 165.23 apply.

[CGD01-93-001, 58 FR 47991, Sept. 14, 1993]



Sec. 165.113  Security Zone: Dignitary arrival/departure Logan InternationalAirport, Boston, MA

    (a) Location. The permanent security zone consists of foursectors 
that may be activated in part, or in whole, upon the requestof the U.S. 
Secret Service. These zones are for the protection of thePresident or 
Vice President of the United States, as well as visitingheads of foreign 
states or foreign governments arriving at, ordeparting from, Logan 
International Airport and as determined by thetransit route across 
Boston Harbor. The security zone will be asfollows:
    (1) Sector one will go into effect 15 minutes prior to thescheduled 
landing

[[Page 668]]

or takeoff of the aircraft carrying either thePresident, Vice President, 
or visiting heads of foreign states orforeign governments at Logan 
International Airport. Sector one willpreclude all vessels from 
approaching within three hundred yards ofthe Logan International Airport 
shoreline, bound on the west by a linedrawn between positions 
42[deg]22[min]45[sec] N.,071[deg]01[min]05[sec] W. and 
42[deg]21[min]48[sec] N.,071[deg]01[min]45[sec] W. (NAD) 1983).
    (2) Sector two will go into effect 15 minutes before the 
vehiclecarrying the President, Vice President, or visiting heads of 
foreignstates or foreign governments enters the Callahan Tunnel or 
SumnerTunnel. Sector two may preclude vessels, as necessary, from 
enteringan area of the main ship channel, Boston Inner Harbor; fifty 
yards inall directions from a point directly above the Callahan Tunnel 
orSumner Tunnel.
    (3) Sector three will go into effect 15 minutes before the 
vehiclecarrying the President, Vice President, or visiting heads of 
foreignstates or foreign governments enters the Ted Williams Tunnel. 
Sectorthree may preclude vessels, as necessary, from entering an area of 
themain ship channel, Boston Inner Harbor, fifty yards in all 
directionsfrom a point directly above the Ted Williams Tunnel.
    (4) Sector four will go into effect 15 minutes before thePresident, 
Vice President, or visiting heads of foreign states orforeign 
governments board the designated transport vessel. Sector fourwill 
preclude all vessels from approaching within three hundred yardsin all 
directions from the designated vessel transporting thePresident, Vice 
President, or visiting heads of foreign states orforeign governments 
between Logan International Airport and anylocation in Boston Harbor.
    (5) The activation of a particular sector of this security zonewill 
be announced via Safety Marine Information Broadcasts and/or bylocally 
issued notices.
    (b) Regulations. (1) The general regulations coveringsecurity zones 
contained in 33 CFR 165.33 apply.
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on scene 
patrolpersonnel. Coast Guard patrol personnel include commissioned, 
warrant,and petty officers of the Coast Guard. Upon being hailed by a 
CoastGuard vessel via siren, radio, flashing light, or other means, 
theoperator of a vessel shall proceed as directed.

[CGD01-97-004, 63 FR 16117, Apr. 2, 1998]



Sec. 165.114  Safety and Security Zones: Escorted Vessels--Boston Harbor,Massachusetts.

    (a) Location. The following waters within the Boston Captainof the 
Port Zone, 1000 yards ahead and astern, and 100 yards on eachside of any 
designated escorted vessel, are established as safety andsecurity zones: 
All waters of Boston Inner Harbor, including thewaters of the Mystic 
River, Chelsea River, and Reserved Channel westof a line running from 
Deer Island Light, at position42[deg]20[min]25[sec] N, 
070[deg]57[min]15[sec] W, to LongIsland, at position 
42[deg]19[min]48[sec] N,070[deg]57[min]15[sec] W, and west of the Long 
Island Bridge,running from Long Island to Moon Head.
    (b) Escorted vessel definition. For the purposes of thissection, 
escorted vessels operating in Boston Harbor include thefollowing: Any 
vessels deemed to be in need of escort protection bythe Captain of the 
Port, Boston for security reasons.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. Sec. 165.23 and 165.33 of this part,entry into or movement within 
this zone is prohibited unlessauthorized by the Captain of the Port 
Boston.
    (2) All vessel operators shall comply with the instructions of 
theCOTP or the designated on-scene U.S. Coast Guard patrol personnel. 
On-scene Coast Guard patrol personnel include commissioned, warrant, 
andpetty officers of the Coast Guard on board Coast Guard, Coast 
GuardAuxiliary, local, state, and federal law enforcement vessels.

[CGD01-01-227, 67 FR 20912, Apr. 29, 2002, asamended by CGD01-01-227, 67 
FR 63265, Oct. 11, 2002]

[[Page 669]]



Sec. 165.115  Safety and Security Zones; Pilgrim Nuclear Power Plant, Plymouth,Massachusetts.

    (a) Location. All waters of Cape Cod Bay and land adjacentto those 
waters enclosed by a line beginning at position41[deg]57[min]5[sec] N, 
070[deg]34[min]42[sec] W; then runningsoutheast to position 
41[deg]56[min]40.5[sec] N,070[deg]41[min]4.5[sec] W; then running 
southwest to position41[deg]56[min]32[sec] N, 070[deg]34[min]14[sec] W; 
then runningnorthwest to position 41[deg]56[min]55.5[sec] 
N,070[deg]34[min]52[sec] W; then running northeast back to 
position41[deg]57[min]5[sec] N, 070[deg]34[min]42[sec] W.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. Sec. 165.23 and 165.33 of this part,entry into or movement within 
these zones is prohibited unlessauthorized by the Captain of the Port 
Boston.
    (2) All vessel operators shall comply with the instructions of 
theCOTP or the designated on-scene U.S. Coast Guard patrol personnel. 
On-scene Coast Guard patrol personnel include commissioned, warrant, 
andpetty officers of the Coast Guard on board Coast Guard, Coast 
GuardAuxiliary, local, state, and federal law enforcement vessels.
    (3) No person may enter the waters or land area within theboundaries 
of the safety and security zones unless previouslyauthorized by the 
Captain of the Port, Boston or his authorized patrolrepresentative.

[CGD01-02-002, 67 FR 37693, May 30, 2002]



Sec. 165.116  Safety and Security Zones; Salem and Boston Harbors,Massachusetts.

    (a) Location. The following areas are permanent safety andsecurity 
zones:
    (1) Reserved Channel, Boston Harbor. All waters of BostonHarbor 
within one hundred fifty (150) yards off the bow and stern andone 
hundred (100) yards abeam of any vessel moored at theMassachusetts Port 
Authority Black Falcon Terminal;
    (2) Boston Inner Harbor. All waters of Boston Harbor withinone 
hundred (100) feet of the Coast Guard Integrated Support Command(ISC) 
Boston piers and;
    (3) Salem Harbor. All waters of Salem Harbor within a two-hundred 
and fifty (250) yard radius of the center point of the PG& E Power Plant 
Terminal Wharf, Salem, MA, located at42[deg]31.33[min] N, 
070[deg]52.67[min] W when a vessel is mooredat this pier. All 
coordinates are North American Datum 1983.
    (b) Effective date. This section becomes effective July 1,2002.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.23 and Sec. 165.33 of thispart, entry into or movement within 
these zones is prohibited unlessauthorized by the Captain of the Port 
Boston.
    (2) All vessel operators shall comply with the instructions of 
theCaptain of the Port or the designated on-scene U.S. Coast Guard 
patrolpersonnel. On-scene Coast Guard patrol personnel include 
commissioned,warrant, and petty officers of the Coast Guard on board 
Coast Guard,Coast Guard Auxiliary, local, state, and federal law 
enforcementvessels.
    (3) No person may enter the waters or land area within theboundaries 
of the safety and security zones unless previouslyauthorized by the 
Captain of the Port, Boston or his authorized patrolrepresentative.

[CGD01-02-016, 67 FR 45909, July 11, 2002]



Sec. 165.117  Regulated Navigation Areas, Safety and Security Zones: DeepwaterPorts, First Coast Guard District.

    (a) Location--(1) Regulated navigation areas.All waters within a 
1,000 meter radius of the geographical positionsset forth in paragraph 
(a)(3) of this section are designated asregulated navigation areas.
    (2) Safety and security zones. All waters within a 500-meterradius 
of the geographic positions set forth in paragraph (a)(3) ofthis section 
are designated as safety and security zones.
    (3) Coordinates. (i) The geographic coordinates forming theloci for 
the regulated navigation areas, safety and security zones forthe 
Northeast Gateway Deepwater Port are: 42[deg]23[min]38[sec] 
N,070[deg]35[min]31[sec] W; and 42[deg]23[min]56[sec] 
N,070[deg]37[min]00[sec] W (NAD 83).
    (ii) [Reserved]
    (b) Definitions. As used in this section--
    Authorized representative means a Coast Guard commissioned,warrant, 
or petty officer or a Federal, State, or

[[Page 670]]

local lawenforcement officer designated by or assisting the Captain of 
the Port(COTP) Boston.
    Deepwater port means any facility or structure meeting thedefinition 
of deepwater port in 33 CFR 148.5.
    Dredge means fishing gear consisting of a mouth frameattached to a 
holding bag constructed of metal rings or mesh.
    Support vessel means any vessel meeting the definition ofsupport 
vessel in 33 CFR 148.5.
    Trap means a portable, enclosed device with one or moregates or 
entrances and one or more lines attached to surface floatsused for 
fishing. Also called a pot.
    (c) Applicability. This section applies to all vesselsoperating in 
the regulated navigation areas set forth in paragraph (a)of this 
section, except--
    (1) Those vessels conducting cargo transfer operations with 
thedeepwater ports whose coordinates are provided in paragraph (a)(3) 
ofthis section,
    (2) Support vessels operating in conjunction therewith, and
    (3) Coast Guard vessels or other law enforcement vessels operatedby 
or under the direction of an authorized representative of the 
COTPBoston.
    (d) Regulations. (1) No vessel may anchor or engage incommercial 
fishing using nets, dredges, or traps (pots) in theregulated navigation 
areas set forth in paragraph (a)(1) of thissection.
    (2) In accordance with the general regulations inSec. Sec. 165.23 
and 165.33 of this part, entry into ormovement within the safety and 
security zones designated in paragraph(a)(2) of this section is 
prohibited unless authorized by the COTPBoston, or his/her authorized 
representative.
    (3) Notwithstanding paragraph (d)(2) of this section, tankers 
andsupport vessels, as defined in 33 CFR 148.5, operating in the 
vicinityof NEGDWP are authorized to enter and move within such zones in 
thenormal course of their operations following the requirements set 
forthin 33 CFR 150.340 and 150.345, respectively.
    (4) All vessels operating within the safety and security 
zonesdescribed in paragraph (a)(2) of this section must comply with 
theinstructions of the COTP or his/her authorized representative.

[USCG-2007-0087, 73 FR 34194, June 17, 2008]

    Effective Date Note: By USCG-2007-0087, 73FR 34194, June 17, 2008, 
Sec. 165.117 was added, effectiveJuly 17, 2008.



Sec. 165.120  Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.

    (a) Location. The following area is a safety zone: Thewaters of the 
Chelsea River, Boston Inner Harbor, for 100 yardsupstream and downstream 
of the center of the Chelsea Street Draw span(in the approximate 
position of Latitude 42[deg]33[min]10[sec] N.,Longitude 
71[deg]01[min]23[sec] W.).
    (b) Regulation. The following standards are the minimumrequirements 
for transit of the Safety Zone. Additional precautionsmay be taken by 
the pilot and/or person in charge (Master orOperator).
    (1) All tankships greater than 1,000 Gross Tons shall be under 
thedirection and control of the Licensed Federal Pilot. This does 
notrelieve persons in charge (Masters or Operators) from their 
ultimateresponsibility for the safe navigation of vessels.
    (2) All vessel(s) speed shall be kept to a minimum considering 
allfactors and the need for optimum vessel control.
    (3) Restrictions on size and draft of vessels:
    (i) No vessel greater than 661 feet in length (using lengthoverall) 
or greater than 90.5 feet in beam (using extreme breadth)shall transit 
the Safety Zone.
    (ii) No vessel greater than 630.5 feet in length or 85.5 feet 
orgreater in beam shall transit the Safety Zone during the periodbetween 
sunset and sunrise.
    (iii) No tankship greater than 550.5 feet in length shall transitthe 
Safety Zone, either inbound or outbound, with a draft less than18.0 feet 
forward and 24.0 feet aft.
    (4) Restrictions when the Chelsea River channel is obstructed 
byvessel(s) moored at the Northeast Petroleum Terminal locateddownstream 
of the Chelsea Street Bridge on the Chelsea, MA side of theChelsea 
River--hereafter referred to as the Jenny Dock(approximate position 
42[deg]23[min]09[sec] N.,71[deg]01[min]31[sec] W.)--or the Mobile Oil 
Terminal locatedon the East Boston Side of the Chelsea River downstream 
of the

[[Page 671]]

Chelsea Street Bridge (approximate position42[deg]23[min]05[sec] N., 
71[deg]01[min]31[sec] W.):
    (i) When there is a vessel moored at each terminal, no vesselgreater 
than 300.5 feet in length or greater than 60.5 feet in beam,shall 
transit the safety zone.
    (ii) When a vessel with a beam greater than 60.5 feet is moored 
ateither terminal, no vessel greater than 630.5 feet in length orgreater 
than 85.5 feet in beam shall transit the Safety Zone.
    (iii) When a vessel with a beam greater than 85.5 feet is mooredat 
either terminal, no vessel greater than 550.5 feet in length orgreater 
than 85.5 feet in beam shall transit the Safety Zone.
    (5) Requirements for tug assistance:
    (i) All tankships greater than 630.5 feet in length or greaterthan 
85.5 feet in beam shall be assisted by at least four tugs ofadequate 
horsepower.
    (ii) All tankships from 450 feet in length up to and including630.5 
feet in length and less than 85.5 feet in beam shall be assistedby at 
least three tugs of adequate horsepower.
    (iii) All tug/barge combinations with a tonnage of over 10,000Gross 
Tons (for the barge(s), in all conditions of draft, shall beassisted by 
at least one tug of adequate horsepower.
    (6) U.S. Certificated integrated tug/barge (ITB) combinationsshall 
meet the requirements of a tankship of similar length and beamexcept 
that one less assist tug would be required.
    (7) Variances from the above standard must be approved in advanceby 
the Captain of the Port of Boston, MA.

[CCGD1-85-4R, 51 FR 10835, Mar. 31, 1986; 51 FR23415, June 27, 1986, as 
amended by USCG-1998-3799, 63FR 35532, June 30, 1998]



Sec. 165.121  Safety and Security Zones: High Interest Vessels, NarragansettBay, Rhode Island.

    (a) Location. (1) All waters of Rhode Island Sound within a\1/2\ 
mile radius of any high interest vessel while the vessel isanchored 
within \1/2\ mile of the point Latitude 41[deg]25[min] N,Longitude 
71[deg]23[min] W in the Narragansett Bay PrecautionaryArea.
    (2) All waters of Rhode Island Sound, Narragansett Bay, 
theProvidence and Taunton Rivers 2 miles ahead and 1 mile astern, 
andextending 1000 yards on either side of any high interest 
vesseltransiting Narragansett Bay, or the Providence and Taunton Rivers.
    (3) All waters and land within a 1000-yard radius of any 
highinterest vessel moored at a waterfront facility in the 
ProvidenceCaptain of the Port zone.
    (b) High interest vessels defined. For purposes of thissection, high 
interest vessels operating in the Providence Captain ofthe Port zone 
include the following: barges or ships carryingliquefied petroleum gas 
(LPG), liquefied natural gas (LNG), chlorine,anhydrous ammonia, or any 
other cargo deemed to be high interest bythe Captain of the Port, 
Providence.
    (c) Regulations. (1) Entry into or movement within thesezones, 
including below the surface of the water, during times in whichhigh 
interest vessels are present and the zones are enforced isprohibited 
unless authorized by the COTP Providence or authorizedrepresentative.
    (2) The general regulations covering safety and security zones 
inSec. Sec. 165.23 and 165.33, respectively, of this partapply.
    (3) All persons and vessels shall comply with the instructions ofthe 
COTP, and the designated on-scene U.S. Coast Guard personnel. On-scene 
Coast Guard patrol personnel include commissioned, warrant, andpetty 
officers of the Coast Guard on board Coast Guard, Coast GuardAuxiliary, 
local, state, and federal law enforcement vessels.

[CGD01-02-065, 67 FR 56224, Sept. 3, 2002]



Sec. 165.122  Providence River, Providence, R.I. regulated navigation area.

    (a) Description of the regulated navigation area (RNA). TheRegulated 
Navigation Area (RNA) encompasses the deep draft channelbetween 
Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 
17675)41[deg]23.0[min] N Latitude, 71[deg]23.4[min] W Longitude, and 
FoxPoint, Providence.
    (b) Regulations. (1) The following restrictions apply in theportion 
of the regulated area between Conimicut Light (LLNR 18305) andChannel 
Light 42 (Fuller Rock Light, (LLNR 18580)).
    (i) No vessel with a draft greater than 35 feet may transit 
whenwater depth is at or below mean low water.

[[Page 672]]

    (ii) Vessels with drafts greater than 35 feet but less than38 feet 
may transit when water depth is other than that on or belowmean low 
water, provided there is sufficient depth under the keel toprevent 
grounding.
    (iii) Vessels with drafts greater than or equal to 38 feet 
mustobtain permission, 48 hours in advance of the desired transit 
time,from the Captain of the Port, Providence to transit.
    (2) Vessels with drafts greater than 35 feet must have at leastone 
mile of visibility to transit the regulated area between ConimicutLight 
(LLNR 18305) and Channel Light 42 (LLNR 18580, Fuller RockLight).
    (3) Vessels over 65 feet in length are prohibited from 
passing,meeting, or overtaking other vessels over 65 feet in length in 
theregulated area from:
    (i) Gaspee Point to Channel Light 42, (Fuller Rock Light, 
LLNR18580).
    (ii) Conimicut Point Reach (Conimicut Light, LLNR 18305) toChannel 
Lighted Buoy 19, 41[deg]43.7[min] N Latitude,71[deg]21.8[min] W 
Longitude, (LLNR 18330) and Channel Lighted Buoy20, 41[deg]43.7[min] N 
Latitude, 71[deg]21.8[min] W Longitude,(LLNR 18335).
    (4) Vessels over 65 feet in length inbound for berths up 
theProvidence River, planning to transit through the deep draft 
channel,are required to make Safety Signal (SECURITE) calls on both 
VHFchannels 13 and 16 at the following geographic locations: 
Pilot'sStation, Abeam of Castle Hill, Approaching the Newport bridge, 
Southof Prudence Island, Abeam of Sandy Point, Abeam of Popasquash 
Point,Approaching the Southern End of Rumstick Neck Reach, Abeam 
ofConimicut Point Light (LLNR 18305), Abeam of Gaspee Point, Abeam 
ofSabin Point and upon mooring.
    (5) Vessels over 65 feet in length outbound for sea down 
theProvidence River Channel transiting through this regulated 
navigationarea are required to make SECURITE calls on VHF channels 13 
and 16 atthe following geographic locations: one-half hour prior to 
departurefrom the berth, at departure from the berth, Abeam of Sabin 
Point,Abeam of Gaspee Point, and Abeam of Conimicut Light (LLNR 18305).
    (6) Vessels 65 feet and under in length and all recreationalvessels 
when meeting deep draft commercial vessel traffic in theProvidence River 
Channel between Conimicut Light (LLNR 18305) andChannel Light 42 (LLNR 
18580, Fuller Rock Light) shall keep out of theway of the oncoming deep 
draft commercial vessel.
    (7) The Captain of the Port, Providence, may authorize a 
deviationfrom these regulations.
    (c) Enforcement. Violations of this regulated navigationarea should 
be reported to the Captain of the Port, Providence, at(401) 435-2300. 
Persons in violation of these regulations willbe subject to civil 
penalty under Sec. 165.13(b) of thispart.

[CGD01-93-030, 59 FR 18489, Apr. 19, 1994]



Sec. 165.130  Sandy Hook Bay, New Jersey--security zone.

    (a) Naval Ammunition Depot Piers. The waters within the 
followingboundaries are a security zone--A line beginning on the shore 
at40[deg]25[min]57[sec] N, 74[deg]04[min]32[sec] W; then 
to40[deg]27[min]52.5[sec] N, 74[deg]03[min]14.5[sec] W; then 
to40[deg]27[min]28.3[sec] N, 74[deg]02[min]12.4[sec] W; then 
to40[deg]26[min]29.2[sec] N, 74[deg]02[min]53[sec] W; then 
to40[deg]26[min]31.1[sec] N, 74[deg]02[min]57.2[sec] W; then 
to40[deg]25[min]27.3[sec] N, 74[deg]03[min]41[sec] W; then alongthe 
shoreline to the beginning point.
    (b) Terminal Channel. The waters within the following boundariesare 
a security zone--A line beginning at40[deg]27[min]41.2[sec] N, 
74[deg]02[min]46[sec] W; then to40[deg]28[min]27[sec] N, 
74[deg]02[min]17.2[sec] W; then to40[deg]28[min]21.1[sec] N, 
74[deg]02[min]00[sec] W; then to40[deg]28[min]07.8[sec] N, 
74[deg]02[min]22[sec] W; then to40[deg]27[min]39.8[sec] N, 
74[deg]02[min]41.4[sec] W; then tothe beginning.
    (c) The following rules apply to the security zone established 
inparagraph (b) of this section (Terminal Channel) instead of the rulein 
Sec. 165.33(a):
    (1) No vessel shall anchor, stop, remain or drift without power 
atanytime in the security zone.
    (2) No vessel shall enter, cross, or otherwise navigate in 
thesecurity zone when a public vessel, or any other vessel, that 
cannotsafely navigate outside the Terminal Channel, is approaching 
orleaving the Naval Ammunition Depot Piers at Leonardo, New Jersey.
    (3) Vessels may enter or cross the security zone, except asprovided 
in paragraph (c)(2) of this section.

[[Page 673]]

    (4) No person may swim in the security zone.

[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. 165.140  New London Harbor, Connecticut--security zone.

    (a) Security zones--(1) Security Zone A. Thewaters of the Thames 
River west of the Electric Boat CorporationShipyard enclosed by a line 
beginning at a point on the shoreline at41[deg]20[min]16[sec] N, 
72[deg]04[min]47[sec] W; then runningwest to 41[deg]20[min]16[sec] N, 
72[deg]04[min]57[sec] W; thenrunning north to 41[deg]20[min]26[sec] N, 
72[deg]04[min]57[sec]W; then northwest to 41[deg]20[min]28.7[sec] 
N,72[deg]05[min]01.7[sec] W; then north-northwest 
to41[deg]20[min]53.3[sec] N, 72[deg]05[min]04.8[sec] W; thennorth-
northeast to 41[deg]21[min]02.9[sec] N,72[deg]05[min]04.9[sec] W; then 
east to a point on shore at41[deg]21[min]02.9[sec] N, 
72[deg]04[min]58.2[sec] W.
    (2) Security Zone B. The waters of the Thames River, west ofthe 
Naval Submarine Base, New London, CT, enclosed by a line beginningat a 
point on the shoreline at 41[deg]23[min]15.8[sec] 
N.,72[deg]05[min]17.9[sec] W.; then to 41[deg]23[min]15.8[sec] 
N.,72[deg]05[min]22[sec] W.; then to 41[deg]23[min]25.9[sec] 
N.,72[deg]05[min]29.9[sec] W.; then to 41[deg]23[min]33.8[sec] 
N.,72[deg]05[min]34.7[sec] W.; then to 41[deg]23[min]37.0[sec] 
N.,72[deg]05[min]38.0[sec] W.; then to 41[deg]23[min]41.0[sec] 
N.,72[deg]05[min]40.3[sec] W.; then to 41[deg]23[min]47.2[sec] 
N.,72[deg]05[min]42.3[sec] W.; then to 41[deg]23[min]53.8[sec] 
N.,72[deg]05[min]43.7[sec] W.; then to 41[deg]23[min]59.8[sec] 
N.,72[deg]05[min]43.0[sec] W.; then to 41[deg]24[min]12.4[sec] 
N.,72[deg]05[min]43.2[sec] W.; then to a point on the shoreline 
at41[deg]24[min]14.4[sec] N., 72[deg]05[min]38[sec] W.; then alongthe 
shoreline to the point of beginning.
    (3) All coordinates are North American Datum 1983.
    (b) Special regulation. Section 165.33 does not apply topublic 
vessels when operating in Security Zone A, or to vessels ownedby, under 
hire to, or performing work for the Electric Boat Divisionwhen operating 
in Security Zone A.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCOTP 83-01, 48 FR 
33264, July 21, 1983;CGD3-83-29, 48 FR 51622, Nov. 10, 1983;CGD3-84-26, 
49 FR 40405, Oct. 16, 1984;CGD3-86-56, 52 FR 17296, May 7, 1987. 
Redesignated byCGD 87-008b, 52 FR 25218, July 6, 1987; CDG3 86-56, 52FR 
44107, Nov. 18, 1987; CGD01-97-104, 62 FR 51782, Oct.3, 1997; CGD01-03-
012, 69 FR 4244, Jan. 29, 2004]



Sec. 165.141  Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.

    (a) Location. The following area is a safety zone: Allwaters of the 
Atlantic Ocean within a 1,000 yard radius of the sternsection of the 
sunken vessel EMPIRE KNIGHT, in approximate 
position43[deg]06[min]19[sec] N, 70[deg]27[min]09[sec] W, (NAD 1983) 
andextending from the water's surface to the seabed floor.
    (b) Effective date. This section is effective on August 23,1996, 
twenty-four hours a day, seven days a week.
    (c) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) All vessels and persons are prohibited from anchoring, 
diving,dredging, dumping, fishing, trawling, laying cable, or 
conductingsalvage operations in this zone except as authorized by the 
CoastGuard Captain of the Port, Portland, Maine. Innocent transit 
throughthe area within the safety zone is not affected by this 
regulation anddoes not require the authorization of the Captain of the 
Port.
    (3) All persons and vessels shall comply with the instructions ofthe 
COTP or the designated on scene patrol personnel. U.S. Coast Guardpatrol 
personnel include commissioned, warrant, and petty officers ofthe Coast 
Guard. Upon being hailed by a U.S. Coast Guard vessel viasiren, radio, 
flashing light, or other means, the operator of a vesselshall proceed as 
directed.

[CGD 01-95-141, 61 FR 60032, Nov. 26, 1996]



Sec. 165.150  New Haven Harbor, Quinnipiac River, Mill River.

    (a) The following is a regulated navigation area: The 
waterssurrounding the Tomlinson Bridge located within a line extending 
froma point A at the southeast corner of the Wyatt terminal dock 
at41[deg]17[min]50[sec] N, 72[deg]54[min]36[sec] W thence along aline 
126[deg]T to point B at the southwest corner of the Gulffacility at 
41[deg]17[min]42[sec] N, 72[deg]54[min]21[sec] Wthence north along the 
shoreline to point C at the northwest corner ofthe Texaco terminal dock 
41[deg]17[min]57[sec] N,72[deg]54[min]06[sec] W thence along a line 
303[deg]T to point Dat the west bank of the mouth of the Mill 
River41[deg]18[min]05[sec] N, 72[deg]54[min]23[sec] W thence southalong 
the shoreline to point A.

[[Page 674]]

    (b) Regulations. (1) No person may operate a vessel ortow a barge in 
this Regulated Navigation Area in violation of theseregulations.
    (2) Applicability. The regulations apply to barges with afreeboard 
greater than ten feet and to any vessel towing or pushingthese barges on 
outbound transits of the Tomlinson Bridge.
    (3) Regulated barges may not transit the bridge--
    (i) During the period from one hour to five hours after high 
waterslack,
    (ii) When the wind speed at the bridge is greater than twentyknots, 
and
    (iii) With the barge being towed on a hawser, stern first.
    (4) Regulated barges with a beam greater than fifty feet must 
bepushed ahead through the bridge.
    (5) If the tug operator does not have a clear view over the 
bargewhen pushing ahead, the operator shall post a lookout on the 
bargewith a means of communication with the operator.
    (6) Regulated barges departing the Mill River may transit thebridge 
only between sunrise and sunset. Barges must be pushed ahead ofthe tug, 
bow first, with a second tug standing by to assist at thebow.
    (7) Nothing in this section is intended to relieve any person 
fromcomplying with:
    (i) Applicable Navigation and Pilot Rules for Inland Waters;
    (ii) Any other laws or regulations;
    (iii) Any order or direction of the Captain of the Port.
    (8) The Captain of the Port, New Haven, may issue an authorizationto 
deviate from any rule in this section if the COTP finds that analternate 
operation can be done safely.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCGD 80-069, 47 FR 
53368, Nov. 26, 1982. Redesignated by CGD87-008b, 52 FR 25218, July 6, 
1987]



Sec. 165.151  Safety Zones; Long Island Sound annual fireworks displays.

    (a) Safety Zones. The following areas are designated safetyzones. 
All coordinates references 1983 North American Datum (NAD83).
    (1) Indian Harbor Yacht Club Fireworks Safety Zone. Allwaters of 
Long Island Sound off Greenwich CT, within a 800-foot radiusof the 
fireworks barge located in approximate position41[deg]00[min]35[sec] N, 
073[deg]37[min]05[sec] W.
    (2) City of Rowayton Fireworks Safety Zone. All waters ofLong Island 
Sound in Sheffield Channel off of Ballast Reef within a1000-foot radius 
of the fireworks barge located in approximateposition 
41[deg]03[min]11[sec] N, 073[deg]26[min]41[sec] W.
    (3) The Yampol Family Fireworks Safety Zone. All waters ofLong 
Island Sound off Cold Springs Harbor, Cove Neck New York within a1200-
foot radius of the fireworks barge located in approximateposition 
41[deg]53[min]00[sec] N, 073[deg]29[sec] 13[sec] W.
    (4) Groton Long Point Yacht Club Fireworks Safety Zone. Allwaters of 
Long Island Sound off of Groton Long Point, Groton, CT,within a 600-foot 
radius of the fireworks barge in approximateposition 
41[deg]18[min]05[sec] N, 072[deg]02[sec] 08[sec] W.
    (5) City of West Haven Fireworks Safety Zone. All waters ofNew Haven 
Harbor on Long Island Sound off Bradley Point within a 1200-foot radius 
of the fireworks barge in approximate position41[deg]15[min]07[sec] N, 
072[deg]57[min]26[sec] W.
    (6) New Haven Festival Fireworks Safety Zone. All waters ofNew Haven 
Harbor on Long Island Sound within a 1200-foot radius of thefireworks 
barge in approximate position 40[deg]17[min]31[sec] 
N,072[deg]54[min]48[sec] W.
    (7) Madison Cultural Arts Fireworks Safety Zone. All thewaters of 
Long Island Sound located off the City of Madison within an800-foot 
radius of the fireworks barge in approximate 
position41[deg]16[min]10[sec] N, 072[deg]36[min]30[sec] W.
    (8) Arnold L. Chase Fireworks Safety Zone. All waters ofConnecticut 
River within a 600 foot radius of the fireworks bargelocated in 
approximate position 41[deg]15[min]56[sec] N,072[deg]21[min]49[sec] W, 
about 100-yards off Fenwick Pier.
    (9) Saybrook Summer Pops Fireworks Safety Zone. All watersof 
Connecticut River within a 600-foot radius of the fireworks bargelocated 
in approximate position 41[deg]17[min]35[sec] N,072[deg]21[min]20[sec] 
W.
    (10) Mashantucket Pequot Fireworks Safety Zone. All watersof the 
Thames River off of New London, CT, within a 1200-footradius of a 
fireworks barge located in approximate position41[deg]20[min]57.1[sec] 
N, 72[deg]05[min]22.1[sec] W; and within1000-feet of fireworks barges 
located in

[[Page 675]]

approximatepositions: barge one, 41[deg]21[min]03.3[sec] 
N,72[deg]05[min]24.5[sec] W; and barge two,41[deg]20[min]51.75[sec] N, 
72[deg]05[min]18.90[sec] W.
    (11) Harbor Day Fireworks Safety Zone. All waters of ThamesRiver 
within a 600-foot radius of the fireworks barge located inapproximate 
position 41[deg]31[min]14[sec] N,072[deg]04[min]44[sec] W, located off 
American Warf Marina,Norwich, CT.
    (12) Riverfest Fireworks Safety Zone. All the waters of 
theConnecticut River within a 600-foot radius of the fireworks 
bargelocated in approximate position 41[deg]45[min]34[sec] 
N,072[deg]39[min]37[sec] W.
    (13) Southampton Fresh Air Home Fireworks Safety Zone. Allthe waters 
of Shinnecock Bay within a 600-foot radius of the fireworksbarge located 
in approximate position 40[deg]51[min]48[sec] N,072[deg]28[min]30[sec] 
W, off of Southampton, NY.
    (14) T.E.L. Enterprises Fireworks Safety Zone. All thewaters of 
Great South Bay within a 600-foot radius of the fireworksbarge located 
in approximate position 40[deg]41[min]17[sec] N,073[deg]00[min]20[sec] 
W, off of Davis Park, NY.
    (15) Patchogue Chamber of Commerce Fireworks Safety Zone.All the 
waters of Great South Bay within an 800-foot radius of thefireworks 
barge located in approximate position40[deg]44[min]38[sec] N, 
073[deg]00[min]33[sec] W, off ofPatchogue, NY.
    (16) Fire Island Tourist Bureau Fireworks Safety Zone. Allthe waters 
of Great South Bay within a 600-foot radius of thefireworks barge 
located in approximate position40[deg]35[min]45[sec] N, 
073[deg]05[min]23[sec] W, off of CherryCove, NY.
    (17) Treibeck's Party Fireworks Safety Zone. All the watersof the 
Atlantic Ocean within a 1200-foot radius of the fireworks bargelocated 
in approximate position 40[deg]54[min]04[sec] N,072[deg]16[min]50[sec] 
W, off of Sagaponack, NY.
    (18) Norwich July Fireworks Safety Zone. All waters of theThames 
River within a 600-foot radius of the fireworks launcharea in 
approximate position 41[deg]31[min]20.9[sec] N,072[deg]04[min]45.9[min] 
W, located off of Norwich, CT.
    (19) Town of Branford Fireworks Safety Zone. All waters ofBranford 
Harbor off of Branford Point within a 600-foot radiusof the fireworks 
launch area located on Branford Point in approximateposition 
41[deg]15[min]30[sec] N, 072[deg]49[min]22[sec] W.
    (20) Vietnam Veterans Local 484/Town of East Haven FireworksSafety 
Zone. All waters of Long Sound off of Cosey Beach, EastHaven, CT within 
a 1000-foot radius of the fireworks barge inapproximate position 
41[deg]14[min]19[sec] N,072[deg]52[min]9.8[sec] W.
    (21) Westport Police Athletic League Fireworks Safety Zone.All 
waters of Long Island Sound off Compo Beach, Westport, CT within a800-
foot radius of the fireworks barge in approximate 
position41[deg]09[min]2.5[sec] N, 073[deg]20[min]1.1[sec] W.
    (22) Westbrook, CT July Celebration Safety Zone. All watersof 
Westbrook Harbor in Long Island Sound within a 800-footradius of the 
fireworks barge located in approximate position41[deg]16[min]50[sec] N, 
072[deg]26[min]14[sec] W.
    (23) Norwalk Fireworks Safety Zone. All waters of LongIsland Sound 
off of Calf Pasture Beach in Norwalk, CT within a1000-foot radius of the 
fireworks barge located in approximateposition 40[deg]05[min]10[sec] N, 
073[deg]23[min]20[sec] W.
    (24) Town of Stratford Fireworks Safety Zone. All waters ofLong 
Island Sound off of Short Beach in Stratford, CT, within a800-foot 
radius of the fireworks launch area located inapproximate position 
41[deg]09[min]5[sec] N,073[deg]06[min]5[sec] W.
    (25) Old Black Point Beach Association Fireworks SafetyZone. All 
waters of Long Island Sound off Old Black Point Beach inEast Lyme, CT, 
within a 1000-foot radius of the fireworks launch arealocated on Old 
Black Point Beach in approximate position41[deg]17[min]34.9[sec] N, 
072[deg]12[min]55.6[sec] W.
    (26) Village of Asharoken Fireworks Safety Zone. All watersof 
Northport Bay off of Asharoken Beach in Asharoken, NY within a 600-foot 
radius of the fireworks launch area located in approximateposition 
40[deg]55[min]30[sec] N, 072[deg]21[min] W.
    (b) Notification. Coast Guard Sector Long Island Sound andCoast 
Guard Sector Field Office Moriches will cause notice of theactivation of 
these safety zones to be made by all appropriate meansto effect the 
widest publicity among the affected segments of thepublic, including 
publication in the local notice to mariners, marineinformation 
broadcasts, and facsimile. Fireworks barges used in theselocations will 
also have a sign on their port and starboard sidelabeled ``FIREWORKS--
STAY AWAY''. Displays launchedfrom shore sites will have a sign 
labeled``FIREWORKS--STAY AWAY'' with

[[Page 676]]

the same sizerequirements. The signs required by this section must 
consist of redletters at least 10 inches high, and 1.5 inch thick on a 
whitebackground.
    (c) Enforcement period. Specific zones in this section willbe 
enforced from 8 p.m. to 11 p.m. each day a barge or land basedlaunch 
site with sign reading ``FIREWORKS--STAYAWAY'' is present in that zone.
    (d) Regulations. Vessels may not enter, remain in, ortransit through 
the safety zones in this section during theenforcement period unless 
authorized by the Captain of the Port LongIsland Sound or designated 
Coast Guard patrol personnel on scene.

[CGD01-01-077, 67 FR 22352, May 3, 2002, asamended by USCG-2003-15404, 
68 FR 37741, June 25, 2003;68 FR 40024, July 3, 2003; CGD01-05-012, 70 
FR 43764,July 29, 2005]



Sec. 165.152  Coast Guard Station Fire Island, Long Island, NewYork--safety zone.

    (a) Location. The following waters of Fire Island Inlet area safety 
zone: Beginning at a point on shore at 40[deg]37.523[min]N, 
073[deg]15.685[min] W; then north to 40[deg]37.593[min] 
N,073[deg]15.719[min] W; then east to 40[deg]37.612[min] 
N,073[deg]15.664[min] W; then east to 40[deg]37.630[min] 
N,073[deg]15.610[min] W; then east to 40[deg]37.641[min] 
N,073[deg]15.558[min] W; then southeast to 40[deg]37.630[min] 
N,073[deg]15.475[min] W; then southeast to 40[deg]37.625[min] N,073-
15.369[min] W; then southeast to 40[deg]37.627[min] 
N,073[deg]15.318[min] W; then southeast to point on shore 
at40[deg]37.565[min] N, 073[deg]15.346[min] W. All coordinates areNorth 
American Datum 1983.
    (b) Regulations. (1) The general regulations contained in 33CFR 
Sec. 165.23 apply.
    (2) All persons and vessels must comply with the Coast GuardCaptain 
of the Port or designated on-scene patrol personnel. On-sceneCoast Guard 
patrol personnel include commissioned, warrant, and pettyofficers of the 
Coast Guard on board Coast Guard, Coast GuardAuxiliary, and local, 
state, and federal law enforcement vessels. Uponbeing hailed by siren, 
radio, flashing light or other means from aU.S. Coast Guard vessel or 
other vessel with on-scene patrol personnelaboard, the operator of the 
vessel shall proceed as directed.

[CGD01-03-025, 69 FR 26045, May 11, 2004]



Sec. 165.153  Regulated Navigation Area: Long Island Sound Marine Inspection andCaptain of the Port Zone.

    (a) Regulated Navigation Area location. All waters of theLong Island 
Sound Marine Inspection and Captain of the Port (COTP)Zone, as 
delineated in 33 CFR 3.05-35, extending seaward 12nautical miles from 
the territorial sea baseline, are established as aregulated navigation 
area (RNA).
    (b) Applicability. This section applies to all vesselsoperating 
within the RNA excluding public vessels.
    (c) Definitions. The following definitions apply to thissection:
    Commercial service means any type of trade or businessinvolving the 
transportation of goods or individuals, except serviceperformed by a 
combatant vessel.
    Ferry means a vessel that:
    (1) Operates in other than ocean or coastwise service;
    (2) Has provisions only for deck passengers or vehicles, or both;
    (3) Operates on a short run on a frequent schedule between twopoints 
over the most direct water route; and
    (4) Offers a public service of a type normally attributed to abridge 
or tunnel.
    Public vessels means vessels owned or bareboat chartered andoperated 
by the United States, or by a State or political subdivisionthereof, or 
by a foreign nation, except when such vessel is engaged incommercial 
service.
    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.
    (d) Regulations. (1) Speed restrictions in the vicinity ofNaval 
Submarine Base New London and Lower Thames River. Unlessauthorized by 
the Captain of the Port (COTP), vessels of 300 grosstons or more may not 
proceed at a speed in excess of eight knots inthe Thames River from New 
London Harbor channel buoys 7 and 8 (LightList

[[Page 677]]

numbers 21875 and 21880 respectively) north through theupper limit of 
the Naval Submarine Base New London Restricted Area, asthat area is 
specified in 33 CFR 334.75(a). The U.S. Navy and otherFederal, State and 
municipal agencies may assist the U.S. Coast Guardin the enforcement of 
this rule.
    (2) Enhanced communications. Vessels of 300 gross tons ormore and 
all vessels engaged in towing barges must issuesecurit[eacute] calls on 
marine band or Very High Frequency (VHF)radio channel 16 upon approach 
to the following locations:
    (i) Inbound approach to Cerberus Shoal; and
    (ii) Outbound approach to Race Rock Light (USCG Light List 
No.19815).
    (3) All vessels operating within the RNA that are bound for a portor 
place located in the United States or that must transit theinternal 
waters of the United States, must be inspected to thesatisfaction of the 
U. S. Coast Guard, before entering waters withinthree nautical miles 
from the territorial sea baseline. Vesselsawaiting inspection will be 
required to anchor in the manner directedby the COTP. This section does 
not apply to vessels operatingexclusively within the Long Island Sound 
Marine Inspection and COTPZone, vessels on a single voyage which depart 
from and return to thesame port or place within the RNA, all towing 
vessels engaged incoastwise trade, vessels in innocent passage not bound 
for a port orplace subject to the jurisdiction of the United States, and 
allvessels not engaged in commercial service whose last port of call 
wasin the United States. Vessels requiring inspection by the COTP 
maycontact the COTP via marine band or Very High Frequency (VHF) 
channel16, telephone at (203) 468-4401, facsimile at (203)468-4418, or 
letter addressed to Captain of the Port, LongIsland Sound, 120 Woodward 
Ave., New Haven, CT 06512.
    (4) All vessels operating within the RNA that are bound for a portor 
place located in the United States or that must transit theinternal 
waters of the United States, must obtain authorization fromthe Captain 
of the Port (COTP) before entering waters within threenautical miles 
from the territorial sea baseline. Vessels awaitingCOTP authorization to 
enter waters within three nautical miles fromthe territorial sea 
baseline will be required to anchor in the mannerdirected by the COTP. 
This section does not apply to vessels operatingexclusively within the 
Long Island Sound Marine Inspection and COTPZone, vessels on a single 
voyage which depart from and return to thesame port or place within the 
RNA, all towing vessels engaged incoastwise trade, vessels in innocent 
passage not bound for a port orplace subject to the jurisdiction of the 
United States, and allvessels not engaged in commercial service whose 
last port of call wasin the United States. Vessels may request 
authorization from the COTPby contacting the COTP via marine band or 
Very High Frequency (VHF)channel 16, telephone at (203) 468-4401, 
facsimile at (203)468-4418, or letter addressed to Captain of the Port, 
LongIsland Sound, 120 Woodward Ave., New Haven, CT 06512.
    (5) Vessels over 1,600 gross tons operating in the RNA withinthree 
nautical miles from the territorial sea baseline that are boundfor a 
port or place located in the United States or that must transitthe 
internal waters of the United States must receive authorizationfrom the 
COTP prior to transiting or any intentional vessel movements,including, 
but not limited to, shifting berths, departing anchorage,or getting 
underway from a mooring. This section does not apply tovessels in 
innocent passage not bound for a port or place subject tothe 
jurisdiction of the United States.
    (6) Ferry vessels. Vessels of 300 gross tons or more areprohibited 
from entering all waters within a 1200-yard radius of anyferry vessel 
transiting in any portion of the Long Island Sound MarineInspection and 
COTP Zone without first obtaining the express priorauthorization of the 
ferry vessel licensed operator, licensed master,COTP, or the designated 
COTP on-scene patrol.
    (7) Vessels engaged in commercial service. No vessel mayenter within 
a 100-yard radius of any vessel engaged in commercialservice while that 
vessel is transiting, moored, or berthed in any

[[Page 678]]

portion of the Long Island Sound Marine Inspection and COTP zone,without 
the express prior authorization of the vessel's licensedoperator, 
master, COTP, or the designated COTP on-scenerepresentative.
    (8) Bridge foundations. Any vessel operating beneath abridge must 
make a direct, immediate and expeditious passage beneaththe bridge while 
remaining within the navigable channel. No vessel maystop, moor, anchor 
or loiter beneath a bridge at any time. No vesselmay approach within a 
25-yard radius of any bridge foundation,support, stanchion, pier or 
abutment except as required for thedirect, immediate and expeditious 
transit beneath a bridge.
    (9) This section does not relieve any vessel from compliance 
withapplicable navigation rules.

[CGD01-02-104, 68 FR 48802, Aug. 15, 2003]



Sec. 165.154  Safety and Security Zones: Long Island Sound Marine InspectionZone and Captain of the Port Zone.

    (a) Safety and security zones. The following areas aresafety and 
security zones:
    (1) Dominion Millstone Nuclear Power Plant Safety and SecurityZones. 
(i) All waters north and north east of a line running fromBay Point, at 
approximate position 41-18.57 N, 072-10.41W, to Millstone Point at 
approximate position 41-18.25 N,072-09.96 W.
    (ii) All waters west of a line starting at 41-18.700 N,072-09.650 W, 
running south to the eastern most point of FoxIsland at approximate 
position 41-18.400 N, 072-09.660W. All coordinates are North American 
Datum 1983.
    (2) Coast Guard Vessels Safety and Security Zones. Allwaters within 
a 100-yard radius of any anchored Coast Guard vessel.For the purposes of 
this section, Coast Guard vessels includes anycommissioned vessel or 
small boat in the service of the regular CoastGuard and does not include 
Coast Guard Auxiliary vessels.
    (b) Regulations. (1) The general regulations contained inSec. 
165.23 and Sec. 165.33 of this part apply.
    (2) In accordance with the general regulations inSec. 165.23 and 
Sec. 165.33 of this part, entryinto or movement within this zone is 
prohibited unless authorized bythe Captain of the Port Long, Island 
Sound.
    (3) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or on-scene patrol personnel.These 
personnel comprise commissioned, warrant, and petty officers ofthe Coast 
Guard. Upon being hailed by a U. S. Coast Guard vessel bysiren, radio, 
flashing light, or other means, the operator of a vesselshall proceed as 
directed.

[CGD01-02-104, 68 FR 48803, Aug. 15, 2003]



Sec. 165.155  Northville Industries Offshore Platform, Riverhead, Long Island,New York--safety zone.

    (a) The following area is established as a safety zone during 
thespecified condition:
    (1) The waters within a 500 yard radius of the NorthvilleIndustries 
Offshore Platform, Long Island, New York, 1 mile North ofthe Riverhead 
shoreline at 41[deg]00[sec] N, 072[deg]38[sec] W,while a Liquefied 
Petroleum Gas (LPG) vessel is moored at the OffshorePlatform. The safety 
zone remains in effect until the LPG vesseldeparts the Offshore 
Platform.
    (b) The general regulations governing safety zone contained in 33CFR 
165.23 apply.
    (c) The Captain of the Port will notify the maritime community 
ofperiods during which this safety zone will be in effect by 
providingnotice of scheduled moorings at the Northville Industries 
OffshorePlatform of LPG vessels via Marine Safety Information Radio 
Broadcast.

[CGD3 85-86, 51 FR 37181, Oct. 20, 1986. Redesignatedby CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 165.160  Safety and Security Zones: Liquefied Hazardous Gas Vessel,Liquefied Hazardous Gas Facility and Designated Vessel Transits, NewYork Marine 
          Inspection Zone and Captain of the Port Zone.

    (a) Location. The following areas are safety and securityzones:
    (1) All waters of the New York Marine Inspection Zone and Captainof 
the Port Zone within a 200-yard radius of any Liquefied HazardousGas 
(LHG) vessel or LHG facility.

[[Page 679]]

    (2) All waters of the New York Marine Inspection Zone andCaptain of 
the Port Zone within a 100-yard radius of any DesignatedVessels.
    (b) Designated Vessels (DVs). For the purposes of thissection, DVs 
are: Vessels certificated to carry 500 or morepassengers; vessels 
carrying government officials or dignitariesrequiring protection by the 
U.S. Secret Service, or other Federal,State or local law enforcement 
agency; and barges or ships carryingpetroleum products, chemicals, or 
other hazardous cargo.
    (c) Regulations. (1) The general regulations contained in 33CFR 
165.23 and 165.33 apply.
    (2) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene 
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard onboard Coast Guard, Coast 
GuardAuxiliary, local, state, and federal law enforcement vessels. 
Uponbeing hailed by U.S. Coast Guard patrol personnel by siren, 
radio,flashing light, or other means, the operator of a vessel shall 
proceedas directed.
    (3) The Captain of the Port will notify the maritime community 
ofperiods during which these zones will be enforced by methods 
inaccordance with 33 CFR 165.7 and will identify DV vessel transits 
byway of electronic mail broadcast.

[CGD01-02-132, 68 FR 2890, Jan. 22, 2003]



Sec. 165.161  Safety zones: Coast Guard Captain of the Port New York annualfireworks displays.

    (a) Safety zones. The following areas are designated safetyzones:
    (1) Bar Beach fireworks, Hempstead Harbor, NY:
    (i) Location. All waters of Hempstead Harbor within a 300-yard 
radius of the fireworks barge in approximate 
position40[deg]49[min]54[sec] N 073[deg]39[min]14[sec] W (NAD 
1983),about 360 yards north of Bar Beach, Hempstead Harbor.
    (ii) Effective period. Paragraph (a)(1)(i) of this sectionis in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on theFriday 
before Memorial Day, and the Saturday after Labor Day. If theevent is 
cancelled due to inclement weather, then paragraph (a)(1)(i)of this 
section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.)on the 
Saturday before Memorial Day and the Sunday after Labor Day.
    (2) Seaport Memorial Day fireworks, East River, NY:
    (i) Location. All waters of the East River south of theBrooklyn 
Bridge and north of a line drawn from the southwest corner ofPier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(2)(i) of this sectionis in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) onMemorial Day. 
If the event is cancelled due to inclement weather, thenparagraph 
(a)(2)(i) of this section is effective from 8 p.m. (e.s.t.)to 1 a.m. 
(e.s.t.) on the day following Memorial Day.
    (3) Red Bank, NJ, July 3rd fireworks, Navesink River:
    (i) Location. All waters of the Navesink River within a 360-yard 
radius of the fireworks barge in approximate 
position40[deg]21[min]20[sec] N 074[deg]04[min]10[sec] W (NAD 
1983),about 360 yards northwest of Red Bank, NJ.
    (ii) Effective period. Paragraph (a)(3)(i) of this sectionis in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July3rd. If 
the event is cancelled due to inclement weather, thenparagraph (a)(3)(i) 
of this section is effective from 8 p.m. (e.s.t.)to 1 a.m. (e.s.t.) on 
July 4th.
    (4) Seaport Labor Day fireworks, East River, NY:
    (i) Location. All waters of the East River south of theBrooklyn 
Bridge and north of a line drawn from the southwest corner ofPier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(4)(i) of this sectionis in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on LaborDay. If 
the event is cancelled due to inclement weather, thenparagraph (a)(4)(i) 
of this section is effective from 8 p.m. (e.s.t.)to 1 a.m. (e.s.t.) on 
the day following Labor Day.
    (5) Deepavali Festival fireworks, East River, NY:
    (i) Location. All waters of the East River south of theBrooklyn 
Bridge and north of a line drawn from the southwest corner ofPier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.

[[Page 680]]

    (ii) Effective period. Paragraph (a)(5)(i) of thissection is in 
effect annually from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.)on the first 
Sunday in October. If the event is cancelled due toinclement weather, 
then paragraph (a)(5)(i) of this section iseffective from 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the first Mondayin October.
    (6) Seaport New Year's Eve fireworks, East River, NY:
    (i) Location. All waters of the East River south of theBrooklyn 
Bridge and north of a line drawn from the southwest corner ofPier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(6)(i) of this sectionis in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on NewYear's 
Eve. If the event is cancelled due to inclement weather, thenparagraph 
(a)(6)(i) of this section is effective from 8 p.m. (e.s.t.)to 1 a.m. 
(e.s.t.) on the day following New Year's Eve.
    (b) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene-
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a U.S. Coast 
Guardvessel by siren, radio, flashing light, or other means, the 
operatorof a vessel shall proceed as directed.

[USCG-2008-0179, 73 FR 35016, June 19, 2008]



Sec. 165.162  Safety Zone: New York Super Boat Race, Hudson River, New York.

    (a) Regulated area. The following area is a safety zone: Allwaters 
of the Lower Hudson River south of a line drawn from thenorthwest corner 
of Pier 76 in Manhattan to a point on the New Jerseyshore in Weehawken, 
New Jersey at approximate position40[deg]45[min]52[sec] N 
074[deg]01[min]01[sec] W (NAD 1983) andnorth of a line connecting the 
following points (all coordinates areNAD 1983):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]42[min]16.0[sec] N            074[deg]01[min]09.0[sec] W,
                                               thensouth to
40[deg]41[min]55.0[sec] N            074[deg]01[min]16.0[sec] W,
                                                thenwest to
40[deg]41[min]47.0[sec] N            074[deg]01[min]36.0[sec] W,
                                           thennorthwest to
40[deg]41[min]55.0[sec] N            074[deg]01[min]59.0[sec] W, thento
                                                   shore at
40[deg]42[min]20.5[sec] N            074[deg]02[min]06.0[sec] W.
------------------------------------------------------------------------

    (b) Regulations. (1) Vessels not participating in thisevent, 
swimmers, and personal watercraft of any nature are prohibitedfrom 
entering or moving within the regulated area unless authorized bythe 
Patrol Commander.
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designed on-scene-
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a U.S. Coast 
Guardvessel by siren, radio, flashing light, or other means, the 
operatorof a vessel shall proceed as directed.
    (c) Effective period. This section is in effect annuallyfrom 10 a.m. 
until 4 p.m. on the Sunday following Labor Day.

[CGD01-98-175, 64 FR 31984, June 15, 1999]



Sec. 165.163  Safety Zones; Port of New York/New Jersey Fleet Week.

    (a) The following areas are established as safety zones:
    (1) Safety Zone A--(i) Location. A moving safetyzone for the Parade 
of Ships including all waters 500 yards ahead andastern, and 200 yards 
of each side of the designated column of paradevessels as it transits 
the Port of New York and New Jersey from theVerrazano Narrows Bridge to 
Riverside State Park on the Hudson Riverbetween West 137th and West 
144th Streets, Manhattan.
    (ii) Enforcement period. Paragraph (a)(1)(i) of this sectionis 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday 
beforeMemorial Day.
    (2) Safety Zone B--(i) Location. A safety zoneincluding all waters 
of the Hudson River between Piers 83 and 90,Manhattan, from the parade 
column east to the Manhattan shoreline.
    (ii) Enforcement period. Paragraph (a)(2)(i) of this sectionis 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday 
beforeMemorial Day.

[[Page 681]]

    (3) Safety Zone C--(i) Location. A movingsafety zone including all 
waters of the Hudson River within a 200-yardradius of each parade vessel 
upon its leaving the parade of shipsuntil it is safely berthed.
    (ii) Enforcement period. Paragraph (a)(3)(i) of this sectionis 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday 
beforeMemorial Day.
    (4) Safety Zone D--(i) Location. A safety zoneincluding all waters 
of the Hudson River bound by the followingpoints: from the southeast 
corner of Pier 90, Manhattan, where itintersects the seawall, west to 
approximate position40[deg]46[min]10[sec] N 074[deg]00[min]13[sec] W 
(NAD 1983),south to approximate position 40[deg]45[min]54[sec] 
N074[deg]00[min]25[sec] W (NAD 1983), then east to the northeastcorner 
of Pier 83 where it intersects the seawall.
    (ii) Enforcement period. Paragraph (a)(4)(i) of this sectionis 
enforced annually from 10 a.m. until 5 p.m., from Friday throughMonday, 
Memorial Day weekend.
    (5) Safety Zone E--(i) Location. A moving safetyzone including all 
waters 500 yards ahead and astern, and 200 yards oneach side of the 
departing U.S. Navy Aircraft or Helicopter Carrier asit transits the 
Port of New York and New Jersey from its mooring atthe Intrepid Sea, Air 
and Space Museum, Manhattan, to the COLREGSDemarcation line at Ambrose 
Channel Entrance Lighted Bell Buoy 2 (LLNR34805).
    (ii) Enforcement period. Paragraph (a)(5)(i) of this sectionis 
enforced annually on the Wednesday following Memorial Day.Departure time 
is dependent on tide, weather, and granting ofauthority for departure by 
the Captain of the Port, New York.
    (b) Effective period. This section is effective annuallyfrom 8 a.m. 
on the Wednesday before Memorial Day until 4 p.m. on theWednesday 
following Memorial Day.
    (c) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene-
patrolpersonnel. these personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a U. S. Coast 
Guardvessel by siren, radio, flashing light, or other means, the 
operatorof a vessel shall proceed as directed.

[CGD1-98-170, 64 FR 24946, May 10, 1999]



Sec. 165.164  Security Zones: Dignitary Arrival/Departure and United NationsMeetings, New York, NY.

    (a) The following areas are established as security zones:
    (1) Location. Wall Street heliport: All waters of the EastRiver 
within the following boundaries: East of a line drawn betweenapproximate 
position 40[deg]42[min]01[sec] N074[deg]00[min]39[sec] W (east of The 
Battery) to40[deg]41[min]36[sec] N 074[deg]00[min]52[sec] W (NAD 
1983)(point north of Governors Island) and north of a line drawn from 
thepoint north of Governors Island to the southwest corner of Pier 
7North, Brooklyn; and south of a line drawn between the northeastcorner 
of Pier 13, Manhattan, and the northwest corner of Pier 2North, 
Brooklyn.
    (2) [Reserved]
    (3) Location. Marine Air Terminal, La Guardia Airport: Allwaters of 
Bowery Bay, Queens, New York, south of a line drawn from thewestern end 
of La Guardia Airport at approximate position40[deg]46[min]47[sec] N 
073[deg]53[min]05[sec] W (NAD 1983) tothe Rikers Island Bridge at 
approximate position40[deg]46[min]51[sec] N 073[deg]53[min]21[sec] W 
(NAD 1983) andeast of a line drawn between the point at the Rikers 
Island Bridge toa point on the shore in Queens, New York, at approximate 
position40[deg]46[min]36[sec] N 073[deg]53[min]31[sec] W (NAD 1983).
    (4) Location. All waters of the East River bound by thefollowing 
points: 40[deg]44[min]37[sec] N,073[deg]58[min]16.5[sec] W (the base of 
East 35th Street,Manhattan), then east to 40[deg]44[min]34.5[sec] 
N,073[deg]58[min]10.5[sec] W (about 175 yards offshore of 
Manhattan),then northeasterly to 40[deg]45[min]29[sec] 
N,073[deg]57[min]26.5[sec] W (about 125 yards offshore of Manhattanat 
the Queensboro Bridge), then northwesterly to40[deg]45[min]31[sec] N, 
073[deg]57[min]30.5[sec] W (Manhattanshoreline at the Queensboro 
Bridge), then southerly to the startingpoint at 40[deg]44[min]37[sec] N, 
073[deg]58[min]16.5[sec] W.All nautical positions are based on North 
American Datum of 1983.
    (5) Location. All waters of the East River north of a linedrawn from 
approximate position 40[deg]44[min]37[sec] N,

[[Page 682]]

073[deg]58[min]16.5[sec] W (the base of East 35th Street,Manhattan), to 
approximate position 40[deg]44[min]23[sec] N,073[deg]57[min]44.5[sec] W 
(Hunters Point, Long Island City), andsouth of the Queensboro Bridge. 
All nautical positions are based onNorth American Datum of 1983.
    (6) The security zone will be activated 30 minutes before 
thedignitaries' arrival into the zone and remain in effect until 
15minutes after the dignitaries' departure from the zone.
    (7) The activation of a particular zone will be announced 
byfacsimile and marine information broadcasts.
    (b) Regulations. (1) The general regulations contained in 33CFR 
165.33 apply.
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene-
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a U.S. Coast 
Guardvessel using siren, radio, flashing light, or other means, 
theoperator of a vessel shall proceed as directed.

[CGD01-98-006, 64 FR 24948, May 10, 1999, asamended by CGD01-00-146, 65 
FR 47320, Aug. 2, 2000]



Sec. 165.166  Safety Zone: Macy's July 4th Fireworks, East River, NY.

    (a) Regulated area. The following area is a safety zone: Allwaters 
of the Upper New York Bay south of a line drawn from Pier A(Fireboat 
Station Pier), Battery Park City, in approximate 
position40[deg]42[min]15.4[sec] N 074[deg]01[min]06.8[sec] W (NAD 
1983)to the easternmost corner of the Ellis Island Security Zone, 
inapproximate position 40[deg]41[min]57.6[sec] N074[deg]02[min]06.7[sec] 
W (NAD 1983); north of a line drawn fromPier 7, Jersey City, NJ, in 
approximate position40[deg]41[min]26.4[sec] N 074[deg]03[min]17.3[sec] W 
(NAD 1983)to Liberty Island Lighted Gong Buoy 29 (LLNR 34995), in 
approximateposition 40[deg]41[min]02.2[sec] N 074[deg]02[min]24.7[sec] 
W(NAD 1983), on to Governor's Island Extension Light (LLNR 35000), 
inapproximate position 40[deg]41[min]08.3[sec] N074[deg]01[min]35.4[sec] 
W (NAD 1983); all waters of the East Rivernorth of a line drawn from 
Governors Island, in approximate position40[deg]41[min]25.3[sec] N 
074[deg]00[min]42.5[sec] W (NAD 1983)to the southwest corner of Pier 9A, 
Brooklyn; south of a line drawnfrom East 47th Street, Manhattan through 
the southern point ofRoosevelt Island to 46 Road, Queens; and all waters 
of Newtown Creekwest of the Pulaski Bascule Bridge.
    (b) Activation period. This section is activated annuallyfrom 6:30 
p.m. until 11:30 p.m. on July 4th. If the event is cancelleddue to 
inclement weather then this section is in effect from 6:30 p.m.until 
11:30 p.m. on July 5th.
    (c) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) No vessels, except the Staten Island Ferries, will be allowedto 
transit the safety zone without the permission of the Captain ofthe 
Port, New York.
    (3) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene 
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a U.S. Coast 
Guardvessel by siren, radio, flashing light, or other means, the 
operatorof a vessel shall proceed as directed.
    (4) Vessels equal to or greater than 20 meters (65.6 feet) inlength, 
carrying persons for the purpose of viewing the fireworks, maytake 
position in an area inside the safety zone, at least 200 yardsoff the 
bulkhead on the west bank and just off the pierhead faces onthe east 
bank of the East River between the Williamsburg Bridge andNorth 9th 
Street, Brooklyn. This area is bound by the followingpoints: 
40[deg]42[min]45.5[sec] N 073[deg]58[min]07.4[sec] W;thence to 
40[deg]42[min]50.4[sec] N 073[deg]58[min]23.2[sec] W;thence to 
40[deg]43[min]23.1[sec] N 073[deg]58[min]12.7[sec] W;thence to 
40[deg]43[min]21.5[sec] N 073[deg]57[min]45.7[sec] W;(NAD 1983) thence 
back to the point of beginning. All vessels must bein this location by 
6:30 p.m. (e.s.t.) the day of the event.

[CGD01-00-242, 66 FR 20405, Apr. 23, 2001, asamended by CGD01-05-017, 70 
FR 35536, June 21, 2005]



Sec. 165.168  Safety Zones; Coast Guard Captain of the Port New York FireworksDisplays.

    (a) New York Harbor. The following areas are safety zones:
    (1) Liberty Island Safety Zone: All waters of Upper New YorkBay 
within a 360-yard radius of the fireworks barge

[[Page 683]]

inapproximate position 40[deg]41[min]16.5[sec] N074[deg]02[min]23[sec] W 
(NAD 1983), located in Federal Anchorage20-C, about 360 yards east of 
Liberty Island.
    (2) Ellis Island Safety Zone: All waters of Upper New YorkBay within 
a 360-yard radius of the fireworks barge located betweenFederal 
Anchorages 20-A and 20-B, in approximateposition 40[deg]41[min]45[sec] N 
074[deg]02[min]09[sec] W (NAD1983), about 365 yards east of Ellis 
Island.
    (3) South Beach, Staten Island Safety Zone: All waters ofLower New 
York Bay within a 360-yard radius of the fireworks barge inapproximate 
position 40[deg]35[min]11[sec] N074[deg]03[min]42[sec] W (NAD 1983), 
about 350 yards east of SouthBeach, Staten Island.
    (4) Raritan Bay Safety Zone: All waters of Raritan Bay inthe 
vicinity of the Raritan River Cutoff and Ward Point Bend (West)within a 
240-yard radius of the fireworks barge in approximateposition 
40[deg]30[min]04[sec] N 074[deg]15[min]35[sec] W (NAD1983), about 240 
yards east of Raritan River Cutoff Channel Buoy 2(LLNR 36595).
    (5) Coney Island Safety Zone: All waters of Lower New YorkBay within 
a 250-yard radius of the fireworks land shoot located onthe south end of 
Steeplechase Pier, Coney Island, in approximateposition 
40[deg]34[min]11[sec] N 073[deg]59[min]00[sec] W (NAD1983).
    (6) Arthur Kill, Elizabeth, New Jersey Safety Zone: Allwaters of the 
Arthur Kill within a 150-yard radius of the fireworksland shoot located 
in Elizabeth, New Jersey, in approximate position40[deg]38[min]50[sec] N 
074[deg]10[min]58[sec] W (NAD 1983),about 675 yards west of Arthur Kill 
Channel Buoy 20 (LLNR 36780).
    (7) South Ellis Island Safety Zone: All waters of Upper NewYork Bay 
within a 240-yard radius of the fireworks barge inapproximate position 
40[deg]41[min]39.9[min] N074[deg]02[min]33.7[min] W (NAD 1983), about 
260 yards south ofEllis Island.
    (8) Rockaway Beach Safety Zone: All waters of the AtlanticOcean 
within a 360 yard radius of the fireworks barge in approximateposition 
40[deg]34[min]28.2[min] N 073[deg]50[min]00.0[min] W(NAD 1983), off 
Beach 116th Street.
    (9) Rockaway Inlet Safety Zone: All waters of Rockaway Inletwithin a 
360 yard radius of the fireworks barge in approximateposition 
40[deg]34[min]19.1[min] N 073[deg]54[min]43.5[min] W(NAD 1983), about 
1,200 yards south of Point Breeze.
    (10) Pierhead Channel, NJ Safety Zone: All waters ofPierhead Channel 
and the Kill Van Kull within a 360-yard radius of thefireworks barge in 
approximate position 40[deg]39[min]18.8[sec] N074[deg]04[min]39.1[sec] W 
(NAD 1983), approximately 315 yardsnorth of the Kill Van Kull Channel.
    (11) Midland Beach, Staten Island Safety Zone: All waters ofLower 
New York Bay within a 500-yard radius of the fireworks barge 
inapproximate position 40[deg]34[min]12.0[sec] N074[deg]04[min]29.6[sec] 
W (NAD 1983), approximately 800 yardssoutheast of Midland Beach.
    (12) Wolfes Pond Park, Staten Island Safety Zone: All watersof 
Raritan Bay within a 500-yard radius of the fireworks barge 
inapproximate position 40[deg]30[min]52.1[sec] N074[deg]10[min]58.8[sec] 
W (NAD 1983), approximately 540 yards eastof Wolfes Pond Park.
    (b) Western Long Island Sound. The following areas aresafety zones:
    (1) Peningo Neck, Western Long Island Sound Safety Zone: Allwaters 
of western Long Island Sound within a 300-yard radius of thefireworks 
barge in approximate position 40[deg]56[min]21[sec] 
N073[deg]41[min]23[sec] W (NAD 1983), about 525 yards east of 
MiltonPoint, Peningo Neck, New York.
    (2) Satans Toe, Western Long Island Sound Safety Zone: Allwaters of 
western Long Island Sound within a 360-yard radius of thefireworks barge 
in approximate position 40[deg]55[min]21[sec] N073[deg]43[min]41[sec] W 
(NAD 1983), about 635 yards northeast ofLarchmont Harbor (East Entrance) 
Light 2 (LLNR 25720).
    (3) Larchmont, Western Long Island Sound Safety Zone: Allwaters of 
western Long Island Sound within a 240-yard radius of thefireworks barge 
in approximate position 40[deg]54[min]45[sec] N073[deg]44[min]55[sec] W 
(NAD 1983), about 450 yards southwest ofthe entrance to Horseshoe 
Harbor.
    (4) Manursing Island, Western Long Island Sound Safety Zone:All 
waters of western Long Island Sound within a 360-yard radius ofthe 
fireworks barge in approximate position 40[deg]57[min]47[sec] 
N073[deg]40[min]06[sec] W (NAD 1983), about 380 yards north of RyeBeach 
Transport Rock Buoy 2 (LLNR 25570).

[[Page 684]]

    (5) Glen Island, Western Long Island Sound Safety Zone:All waters of 
western Long Island Sound within a 240-yard radius ofthe fireworks barge 
in approximate position 40[deg]53[min]12[sec] N073[deg]46[min]33[sec] W 
(NAD 1983), about 350 yards east of thenortheast corner of Glen Island, 
New York.
    (6) Twin Island, Western Long Island Sound Safety Zone: Allwaters of 
western Long Island Sound within a 200-yard radius of thefireworks land 
shoot in approximate position 40[deg]52[min]10[sec]N 
073[deg]47[min]07[sec] W (NAD 1983), at the east end of OrchardBeach, 
New York.
    (7) Davenport Neck, Western Long Island Sound Safety Zone:All waters 
of western Long Island Sound within a 360-yard radius ofthe fireworks 
barge in Federal Anchorage No. 1-A, inapproximate position 
40[deg]53[min]46[sec] N073[deg]46[min]04[sec] W (NAD 1983), about 360 
yards northwest ofEmerald Rock Buoy (LLNR 25810).
    (8) Glen Cove, Hempstead Harbor Safety Zone: All waters ofHempstead 
Harbor within a 360-yard radius of the fireworks barge inapproximate 
position 40[deg]51[min]58[sec] N073[deg]39[min]34[sec] W (NAD 1983), 
about 500 yards northeast ofGlen Cove Breakwater Light 5 (LLNR 27065).
    (9) Bar Beach, Hempstead Harbor Safety Zone: All waters ofHempstead 
Harbor within a 180-yard radius of the fireworks barge inapproximate 
position 40[deg]49[min]50[sec] N073[deg]39[min]12[sec] W (NAD 1983), 
about 190 yards north of BarBeach, Hempstead Harbor, New York.
    (10) Larchmont Harbor, Western Long Island Sound SafetyZone: All 
waters of western Long Island Sound within a 240-yardradius of the 
fireworks barge in approximate position40[deg]55[min]21.8[sec] N 
073[deg]44[min]21.7[sec] W (NAD 1983),about 540 yards north of Umbrella 
Rock.
    (11) Orchard Beach, The Bronx, Safety Zone: All waters ofLong Island 
Sound in an area bound by the following points:40[deg]51[min]43.5[sec] N 
073[deg]47[min]36.3[sec] W; thence to40[deg]52[min]12.2[sec] N 
073[deg]47[min]13.6[sec] W; thence to40[deg]52[min]02.5[sec] N 
073[deg]46[min]47.8[sec] W; thence to40[deg]51[min]32.3[sec] N 
073[deg]47[min]09.9[sec] W (NAD 1983),thence to the point of origin.
    (c) East River. The following areas are safety zones:
    (1) Pier 14, East River Safety Zone: All waters of the EastRiver 
within a 180-yard radius of the fireworks barge in approximateposition 
40[deg]42[min]07.5[sec] N 074[deg]00[min]06[sec] W (NAD1983), about 250 
yards southeast of Pier 14, Manhattan, New York.
    (2) Wards Island, East River Safety Zone: All waters of theEast 
River within a 150-yard radius of the fireworks land shoot inapproximate 
position 40[deg]46[min]55.5[sec] N073[deg]55[min]33[sec] W (NAD 1983), 
about 200 yards northeast ofthe Triborough Bridge.
    (3) Pier 16, East River Safety Zone: All waters of the EastRiver 
within a 180-yard radius of the fireworks barge in approximateposition 
40[deg]42[min]12.5[sec] N 074[deg]00[min]02.0[sec] W(NAD 1983), about 
200 yards east of Pier 16.
    (4) Newtown Creek, East River Safety Zone: All waters of theEast 
River within a 360-yard radius of the fireworks barge inapproximate 
position 40[deg]44[min]24.0[min] N073[deg]58[min]00.0[sec] W (NAD 1983), 
about 785 yards south ofBelmont Island.
    (d) Hudson River. The following areas are safety zones:
    (1) Pier 60, Hudson River Safety Zone: All waters of theHudson River 
within a 360-yard radius of the fireworks barge inapproximate position 
40[deg]44[min]49[sec] N074[deg]01[min]02[sec] W (NAD 1983), about 500 
yards west of Pier60, Manhattan, New York.
    (2) The Battery, Hudson River Safety Zone: All waters of theHudson 
River and Anchorage Channel within a 360-yard radius of thefireworks 
barge in approximate position 40[deg]42[min]00[sec] 
N074[deg]01[min]17[sec] W (NAD 1983), about 500 yards south of 
TheBattery, Manhattan, New York.
    (3) Battery Park City, Hudson River Safety Zone: All watersof the 
Hudson River within a 360-yard radius of the fireworks barge 
inapproximate position 40[deg]42[min]39[sec] N074[deg]01[min]21[sec] W 
(NAD 1983), about 480 yards southwest ofNorth Cove Yacht Harbor, 
Manhattan, New York.
    (4) Pier 90, Hudson River Safety Zone: All waters of theHudson River 
within a 360-yard radius of the fireworks barge inapproximate position 
40[deg]46[min]11.8[min] N074[deg]00[min]14.8[sec] W (NAD 1983), about 
375 yards west of Pier90, Manhattan.
    (5) Yonkers, New York, Hudson River Safety Zone: All watersof the 
Hudson River within a 360-yard radius of the fireworks barge 
inapproximate position 40[deg]56[min]14.5[sec] N073[deg]54[min]33[sec] W 
(NAD

[[Page 685]]

1983), about 475 yards northwestof the Yonkers Municipal Pier, New York.
    (6) Hastings-on-Hudson, New York, Hudson River Safety Zone:All 
waters of the Hudson River within a 360-yard radius of thefireworks 
barge in approximate position 40[deg]59[min]44.5[sec] 
N073[deg]53[min]28[sec] W (NAD 1983), about 425 yards west ofHastings-
on-Hudson, New York.
    (7) Pier D, Hudson River Safety Zone: All waters of theHudson River 
within a 360-yard radius of the fireworks barge inapproximate position 
40[deg]42[min]57.5[sec] N074[deg]01[min]34[sec] W (NAD 1983), about 375 
yards southeast ofPier D, Jersey City, New Jersey.
    (8) Pier 54, Hudson River Safety Zone: All waters of theHudson River 
within a 360-yard radius of the fireworks barge inapproximate position 
40[deg]44[min]31[sec] N074[deg]01[min]00[sec] W (NAD 1983), about 380 
yards west of Pier54, Manhattan.
    (9) Pier 84, Hudson River Safety Zone: All waters of theHudson River 
within a 360-yard radius of the fireworks barge inapproximate position 
40[deg]45[min]56.9[sec] N074[deg]00[min]25.4[sec] W (NAD 1983), about 
380 yards west of Pier84, Manhattan.
    (10) Peekskill Bay, Hudson River Safety Zone: All waters ofPeekskill 
Bay within a 360-yard radius of the fireworks barge inapproximate 
position 41[deg]17[min]16[sec] N073[deg]56[min]18[sec] W (NAD 1983), 
about 670 yards north ofTravis Point.
    (11) Jersey City, Hudson River Safety Zone: All waters ofthe Hudson 
River within a 360-yard radius of the fireworks barge inapproximate 
position 40[deg]42[min]37.3[sec] N074[deg]01[min]41.6[sec] W (NAD 1983), 
about 420 yards east ofMorris Canal Little Basin.
    (12) Newburgh, NY, Safety Zone: All waters of the HudsonRiver within 
a 360-yard radius of the fireworks barge in approximateposition 
41[deg]30[min]01.2[sec] N 073[deg]59[min]42.5[sec] W(NAD 1983), 
approximately 930 yards east of Newburgh, NY.
    (e) Notification. Coast Guard Activities New York will causenotice 
of the activation of these safety zones to be made by allappropriate 
means to effect the widest publicity among the affectedsegments of the 
public, including publication in the local notice tomariners, marine 
information broadcasts, and facsimile. Fireworksbarges used in these 
locations will also have a sign on their port andstarboard side labeled 
``FIREWORKS--STAY AWAY''.This sign will consist of 10 high by 
1.5 wide redlettering on a white background. Shore sites used 
in these locationswill display a sign labeled ``FIREWORKS--STAY 
AWAY''with the same dimensions.
    (f) Enforcement period. This section will be enforced from 6p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) each day a barge with a``FIREWORKS--STAY 
AWAY'' sign on the port andstarboard side is on-scene or a ``FIREWORKS--
STAYAWAY'' sign is posted in a location listed in paragraphs (a)through 
(d) of this section. Vessels may enter, remain in, or transitthrough 
these safety zones during this time frame if authorized by theCaptain of 
the Port New York or designated Coast Guard patrolpersonnel on scene.
    (g) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene-
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a U. S. Coast 
Guardvessel by siren, radio, flashing light, or other means, the 
operatorof a vessel shall proceed as directed.

[CDG01-00-004, 65 FR 43239, July 13, 2000, asamended by CGDO1-00-221, 66 
FR 16000, Mar. 22, 2001;CGD01-03-102, 69 FR 41199, July 8, 2004]



Sec. 165.169  Safety and Security Zones: New York Marine Inspection Zone andCaptain of the Port Zone.

    (a) Safety and security zones. The following waters withinthe New 
York Marine Inspection Zone and Captain of the Port Zone aresafety and 
security zones:
    (1) Indian Point Nuclear Power Station (IPNPS). All watersof the 
Hudson River within a 300-yard radius of the IPNPS pier inapproximate 
position 41[deg]16[min]12.4[sec] N,073[deg]57[min]16.2[sec] W (NAD 83).
    (2) U.S. Coast Guard Cutters and Shore Facilities. Allwaters within 
100 yards of: Each moored, or anchored, Coast GuardCutter; Coast Guard 
Station New York, Staten Island, NY; Coast GuardStation Sandy Hook, NJ; 
Coast Guard Station Kings Point, NY; and

[[Page 686]]

Coast Guard Aids to Navigation Team New York, Bayonne, NJ.
    (3) Commercial Waterfront Facilities. All waters within 25yards of 
each commercial waterfront facility that is capable ofaccepting barge, 
ferry or other commercial vessels. For purposes ofthis section, 
``commercial waterfront facility'' means allpiers, wharves, docks and 
similar structures to which barge, ferry orother commercial vessels may 
be secured; areas of land or water underand in immediate proximity to 
them; buildings on such structures orcontiguous to them; and equipment 
and materials on such structures andin such buildings.
    (i) When a barge, ferry or other commercial vessel is 
conductingtransfer operations at a commercial waterfront facility, the 
25-yardzone is measured from the outboard side of the commercial vessel.
    (ii) Vessels may transit through any portion of the zone thatextends 
into the navigable channel for the sole purpose of direct andexpeditious 
transit through the zone so long as they remain within thenavigable 
channel, maintain the maximum safe distance from thecommercial 
waterfront facility and do not stop or loiter within thezone.
    (4) Liberty and Ellis Islands. All waters within 150 yardsof Liberty 
Island, Ellis Island, and the bridge between Liberty StatePark and Ellis 
Island.
    (5) Bridge Piers and Abutments, Overhead Power Cable Towers,Piers 
and Tunnel Ventilators. All waters within 25 yards of anybridge pier or 
abutment, overhead power cable tower, pier or tunnelventilators south of 
the Troy, NY Locks. Vessels may transit throughany portion of the zone 
that extends into the navigable channel forthe sole purpose of direct 
and expeditious transit through the zone solong as they remain within 
the navigable channel, maintain the maximumsafe distance from the 
waterfront facility and do not stop or loiterwithin the zone.
    (6) New York City Passenger Ship Terminal, Hudson River, NY.(i) 
Location. All waters of the Hudson River bound by thefollowing points: 
From the northeast corner of Pier 96 where itintersects the seawall, 
thence west to approximate position40[deg]46[min]23.1[sec] N, 
073[deg]59[min]59.0[sec] W, thencesouth to approximate position 
40[deg]45[min]55.3[sec] N,074[deg]00[min]20.2[sec] W (NAD 1983), thence 
east to the southeastcorner of Pier 84 where it intersects the seawall, 
thence north alongthe shoreline to the point of origin.
    (ii) Enforcement period. This zone will be enforced 
wheneverpassenger vessels are pierside at Pier 88, 90 or 92 or whenever 
thepassenger ship terminal or the adjacent Intrepid Sea, Air and 
SpaceMuseum, Manhattan is being used as an Emergency Operations Center. 
Theactivation and termination of a particular zone will be announced 
inaccordance with 33 CFR 165.7.
    (7) La Guardia Airport, Bowery and Flushing Bays, Queens,NY. (i) 
Location: 200-Yard Zone. All waters of Bowery andFlushing Bays within 
approximately 200 yards of La Guardia Airportbound by the following 
points: Onshore at Steinway, Queens, inapproximate position 
40[deg]46[min]32.1[sec] N,073[deg]53[min]22.4[sec] W, thence to 
40[deg]46[min]52.8[sec] N,073[deg]53[min]09.3[sec] W, thence to 
40[deg]46[min]54.8[sec] N,073[deg]52[min]54.2[sec] W, thence to 
40[deg]46[min]59.3[sec] N,073[deg]52[min]51.3[sec] W, thence to 
40[deg]47[min]11.8[sec] N,073[deg]53[min]17.3[sec] W, thence to 
40[deg]47[min]13.0[sec] N,073[deg]53[min]16.1[sec] W on Rikers Island, 
thence easterly alongthe Rikers Island shoreline to approximate 
position40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence 
to40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence 
to40[deg]47[min]36.1[sec] N, 073[deg]51[min]52.5[sec] W, thence 
to40[deg]47[min]35.1[sec] N, 073[deg]51[min]50.5[sec] W, thence 
to40[deg]47[min]15.9[sec] N, 073[deg]52[min]06.4[sec] W, thence 
to40[deg]47[min]14.5[sec] N, 073[deg]52[min]03.1[sec] W, thence 
to40[deg]47[min]10.6[sec] N, 073[deg]52[min]06.7[sec] W, thence 
to40[deg]47[min]01.9[sec] N, 073[deg]52[min]02.4[sec] W, thence 
to40[deg]46[min]50.4[sec] N, 073[deg]52[min]08.1[sec] W, thence 
to40[deg]46[min]26.8[sec] N, 073[deg]51[min]18.5[sec] W, thence 
to40[deg]45[min]57.2[sec] N, 073[deg]51[min]01.8[sec] W, thence 
to40[deg]45[min]51.2[sec] N, 073[deg]50[min]59.6[sec] W, thence 
to40[deg]45[min]49.5[sec] N, 073[deg]51[min]07.2[sec] W, thence 
to40[deg]45[min]58.8[sec] N, 073[deg]51[min]13.2[sec] W, thence 
to40[deg]46[min]02.3[sec] N, 073[deg]51[min]20.1[sec] W, thence 
to40[deg]45[min]48.4[sec] N, 073[deg]51[min]37.0[sec] W, (NAD1983) 
thence along the shoreline to the point of origin.
    (ii) Location: 100-Yard Zone. All waters of Bowery andFlushing Bays 
within approximately 100 yards of La Guardia Airportbound by the 
following points: Onshore at Steinway, Queens, inapproximate position 
40[deg]46[min]32.1[sec] N,073[deg]53[min]22.4[sec] W, thence to 
40[deg]46[min]50.6[sec] N,073[deg]53[min]07.3[sec] W, thence to 
40[deg]46[min]53.0[sec] N,073[deg]52[min]50.9[sec] W, thence to 
40[deg]46[min]57.6[sec] N,073[deg]52[min]47.9[sec] W, thence to 
40[deg]47[min]11.8[sec] N,

[[Page 687]]

073[deg]53[min]17.3[sec] W, thence to40[deg]47[min]13.0[sec] N, 
073[deg]53[min]16.1[sec] W on RikersIsland, thence easterly along the 
Rikers Island shoreline toapproximate position 40[deg]47[min]12.9[sec] 
N,073[deg]52[min]17.9[sec] W, thence to 40[deg]47[min]16.7[sec] 
N,073[deg]52[min]09.2[sec] W, thence to 40[deg]47[min]36.1[sec] 
N,073[deg]51[min]52.5[sec] W, thence to 40[deg]47[min]35.1[sec] 
N,073[deg]51[min]50.5[sec] W, thence to 40[deg]47[min]15.9[sec] 
N,073[deg]52[min]06.4[sec] W, thence to 40[deg]47[min]14.5[sec] 
N,073[deg]52[min]03.1[sec] W, thence to 40[deg]47[min]07.9[sec] 
N,073[deg]52[min]09.2[sec] W, thence to 40[deg]47[min]01.4[sec] 
N,073[deg]52[min]06.1[sec] W, thence to 40[deg]46[min]50.0[sec] 
N,073[deg]52[min]14.6[sec] W, thence to 40[deg]46[min]22.2[sec] 
N,073[deg]51[min]16.0[sec] W, thence to 40[deg]45[min]57.2[sec] 
N,073[deg]51[min]01.8[sec] W, thence to 40[deg]45[min]52.4[sec] 
N,073[deg]51[min]00.2[sec] W, thence to 40[deg]45[min]50.6[sec] 
N,073[deg]51[min]07.9[sec] W, thence to 40[deg]45[min]58.8[sec] 
N,073[deg]51[min]13.2[sec] W, thence to 40[deg]46[min]04.0[sec] 
N,073[deg]51[min]23.3[sec] W, thence to 40[deg]45[min]51.2[sec] 
N,073[deg]51[min]38.8[sec] W, (NAD 1983) thence along the shorelineto 
the point of origin.
    (iii) Enforcement period. The zones described in paragraph(a)(7) of 
this section will be effective at all times. When portsecurity 
conditions permit, the Captain of the Port will allow vesselsto operate 
within that portion of the waters described in paragraph(a)(7)(i) that 
lies outside of the waters described in paragraph (a)(7)(ii). 
Authorization to enter the waters that lie between the outerboundaries 
of the zones described in paragraphs (a)(7)(i) and (a)(7)(ii) will be 
communicated by the Captain of the Port to the public bymarine 
broadcast, or local notice to mariners, or notice posted athttp://
homeport.uscg.mil/newyork.
    (8) John F. Kennedy Airport, Jamaica Bay, Queens, NY. (i)Location: 
Bergen Basin. All waters of Bergen Basin north of40[deg]39[min]26.4[sec] 
N.
    (ii) Location: Thurston Basin. All waters of Thurston Basinnorth of 
40[deg]38[min]21.2[sec] N.
    (iii) Location: 200-Yard Zone. All waters of Jamaica Baywithin 
approximately 200 yards of John F. Kennedy Airport bound by thefollowing 
points: Onshore east of Bergen Basin, Queens, in approximateposition 
40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W,thence to 
40[deg]38[min]42.5[sec] N, 073[deg]49[min]13.2[sec] W,thence to 
40[deg]38[min]00.6[sec] N, 073[deg]47[min]35.1[sec] W,thence to 
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W,thence to 
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W,thence to 
40[deg]37[min]59.4[sec] N, 073[deg]47[min]32.6[sec] W,thence to 
40[deg]37[min]46.1[sec] N, 073[deg]47[min]07.2[sec] W,thence to 
40[deg]37[min]19.5[sec] N, 073[deg]47[min]30.4[sec] W,thence to 
40[deg]37[min]05.5[sec] N, 073[deg]47[min]03.0[sec] W,thence to 
40[deg]37[min]34.7[sec] N, 073[deg]46[min]40.6[sec] W,thence to 
40[deg]37[min]20.5[sec] N, 073[deg]46[min]23.5[sec] W,thence to 
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W,thence to 
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W,thence to 
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W,thence to 
40[deg]37[min]36.9[sec] N, 073[deg]45[min]52.8[sec] W,thence to 
40[deg]38[min]00.8[sec] N, 073[deg]44[min]54.9[sec] W,thence to 
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W,(NAD 1983) thence 
along the shoreline to the point of origin.
    (iv) Location: 100-Yard Zone. All waters of Jamaica Baywithin 
approximately 100 yards of John F. Kennedy Airport bound by thefollowing 
points: Onshore east of Bergen Basin, Queens, in approximateposition 
40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W,thence to 
40[deg]38[min]45.1[sec] N, 073[deg]49[min]11.6[sec] W,thence to 
40[deg]38[min]02.0[sec] N, 073[deg]47[min]31.8[sec] W,thence to 
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W,thence to 
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W,thence to 
40[deg]38[min]00.8[sec] N, 073[deg]47[min]29.4[sec] W,thence to 
40[deg]37[min]47.4[sec] N, 073[deg]47[min]02.4[sec] W,thence to 
40[deg]37[min]19.9[sec] N, 073[deg]47[min]25.0[sec] W,thence to 
40[deg]37[min]10.0[sec] N, 073[deg]47[min]03.7[sec] W,thence to 
40[deg]37[min]37.7[sec] N, 073[deg]46[min]41.2[sec] W,thence to 
40[deg]37[min]22.6[sec] N, 073[deg]46[min]21.9[sec] W,thence to 
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W,thence to 
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W,thence to 
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W,thence to 
40[deg]37[min]40.0[sec] N, 073[deg]45[min]55.6[sec] W,thence to 
40[deg]38[min]02.8[sec] N, 073[deg]44[min]57.5[sec] W,thence to 
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W,(NAD 1983) thence 
along the shoreline to the point of origin.
    (v) Enforcement period. The zones described in paragraphs(a)(8) of 
this section will be effective at all times. When portsecurity 
conditions permit, the Captain of the Port will allow vesselsto operate 
within that portion of the waters described in paragraph(a)(8)(iii) that 
lies outside of the waters described in paragraph (a)(8)(iv). 
Authorization to enter the waters that lie between the outerboundaries 
of the zones described in paragraphs (a)(8)(iii) and (a)(8)(iv) will be 
communicated by the Captain of the Port to the public bymarine 
broadcast, local notice to mariners, or notice posted athttp://
homeport.uscg.mil/newyork.
    (9) NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY.(i) 
Location: 150-Yard Zone. All waters of Eastchester Baywithin 
approximately 150 yards of Rodman Neck bound by the followingpoints: 
Onshore in approximate position 40[deg]51[min]30.4[sec] 
N,073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]29.9[sec] 
N,073[deg]48[min]20.7[sec] W,

[[Page 688]]

thence to40[deg]51[min]16.9[sec] N, 073[deg]48[min]22.5[sec] W, thence 
to40[deg]51[min]07.5[sec] N, 073[deg]48[min]18.7[sec] W, thence 
to40[deg]50[min]54.2[sec] N, 073[deg]48[min]11.1[sec] W, thence 
to40[deg]50[min]48.5[sec] N, 073[deg]48[min]04.6[sec] W, thence 
to40[deg]50[min]49.2[sec] N, 073[deg]47[min]56.5[sec] W, thence 
to40[deg]51[min]03.6[sec] N, 073[deg]47[min]47.3[sec] W, thence 
to40[deg]51[min]15.7[sec] N, 073[deg]47[min]46.8[sec] W, thence 
to40[deg]51[min]23.5[sec] N, 073[deg]47[min]41.9[sec] W, (NAD1983) 
thence southwesterly along the shoreline to the point of origin.
    (ii) Location: 100-Yard Zone. All waters of Eastchester Baywithin 
approximately 100 yards of Rodman Neck bound by the followingpoints: 
Onshore in approximate position 40[deg]51[min]30.4[sec] 
N,073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]30.1[sec] 
N,073[deg]48[min]19.0[sec] W, thence to 40[deg]51[min]16.8[sec] 
N,073[deg]48[min]20.5[sec] W, thence to 40[deg]51[min]07.9[sec] 
N,073[deg]48[min]16.8[sec] W, thence to 40[deg]50[min]54.9[sec] 
N,073[deg]48[min]09.0[sec] W, thence to 40[deg]50[min]49.7[sec] 
N,073[deg]48[min]03.6[sec] W, thence to 40[deg]50[min]50.1[sec] 
N,073[deg]47[min]57.9[sec] W, thence to 40[deg]51[min]04.6[sec] 
N,073[deg]47[min]48.9[sec] W, thence to 40[deg]51[min]15.9[sec] 
N,073[deg]47[min]48.4[sec] W, thence to 40[deg]51[min]23.5[sec] 
N,073[deg]47[min]41.9[sec] W, (NAD 1983) thence southwesterly alongthe 
shoreline to the point of origin.
    (iii) Enforcement period. The zones described in paragraph(a)(9) of 
this section will be effective at all times. When portsecurity 
conditions permit, the Captain of the Port will allow vesselsto operate 
within that portion of the waters described in paragraph(a)(9)(i) that 
lies outside of the waters described in paragraph (a)(9)(ii). 
Authorization to enter the waters that lie between the outerboundaries 
of the zones described in paragraphs (a)(9)(i) and (a)(9)(ii) will be 
communicated by the Captain of the Port to the public bymarine 
broadcast, local notice to mariners, or notice posted athttp://
homeport.uscg.mil/newyork.
    (10) Port Newark/Port Elizabeth, Newark Bay, NJ. All watersof Newark 
Bay bound by the following points:40[deg]41[min]49.9[sec] N, 
074[deg]07[min]32.2[sec] W, thence to40[deg]41[min]46.5[sec] N, 
074[deg]07[min]20.4[sec] W, thence to40[deg]41[min]10.7[sec] N, 
074[deg]07[min]45.9[sec] W, thence to40[deg]40[min]54.3[sec] N, 
074[deg]07[min]55.7[sec] W, thence to40[deg]40[min]36.2[sec] N, 
074[deg]08[min]03.8[sec] W, thence to40[deg]40[min]29.1[sec] N, 
074[deg]08[min]06.3[sec] W, thence to40[deg]40[min]21.9[sec] N, 
074[deg]08[min]10.0[sec] W, thence to40[deg]39[min]27.9[sec] N, 
074[deg]08[min]43.6[sec] W, thence to40[deg]39[min]21.5[sec] N, 
074[deg]08[min]50.1[sec] W, thence to40[deg]39[min]21.5[sec] N, 
074[deg]09[min]54.3[sec] W, (NAD1983) thence northerly along the 
shoreline to the point of origin.
    (11) Global Marine Terminal, Upper New York Bay. All watersof Upper 
New York Bay between the Global Marine and Military OceanTerminals, west 
of the New Jersey Pierhead Channel.
    (12) Approaches to New York, Atlantic Ocean. The followingarea is a 
security zone: All waters of the Atlantic Ocean between theAmbrose to 
Hudson Canyon Traffic Lane and the Barnegat to AmbroseTraffic Lane bound 
by the following points: 40[deg]21[min]29.9[sec]N, 
073[deg]44[min]41.0[sec] W, thence to 40[deg]21[min]04.5[sec]N, 
073[deg]45[min]31.4[sec] W, thence to 40[deg]15[min]28.3[sec]N, 
073[deg]44[min]13.8[sec] W, thence to 40[deg]15[min]35.4[sec]N, 
073[deg]43[min]29.8[sec] W, thence to 40[deg]19[min]21.2[sec]N, 
073[deg]42[min]53.0[sec] W, (NAD 1983) thence to the point oforigin.
    (b) Regulations. (1) Entry into or remaining in a safety orsecurity 
zone is prohibited unless authorized by the Coast GuardCaptain of the 
Port, New York.
    (2) Persons desiring to transit the area of a safety or securityzone 
may contact the Captain of the Port at telephone number718-354-4088 or 
on VHF channel 14 (156.7 MHz) or VHFchannel 16 (156.8 MHz) to seek 
permission to transit the area. Ifpermission is granted, all persons and 
vessels must comply with theinstructions of the Captain of the Port or 
his or her designatedrepresentative.
    (3) Vessels not actively engaged in authorized vessel to 
facilitytransfer operations shall not stop or loiter within that part of 
acommercial waterfront facility safety and security zone extending 
intothe navigable channel, described in paragraph (a)(3) of this 
section,without the express permission of the Coast Guard Captain of the 
Portor his or her designated representative, including on-scene 
patrolpersonnel.
    (4) The zone described in paragraph (a)(12) of this section is nota 
Federal Anchorage Ground. Only vessels directed by the Captain ofthe 
Port or his or her designated representative to enter this zoneare 
authorized to anchor here.
    (5) Vessels do not need permission from the Captain of the Port 
totransit the area described in paragraph (a)(12) of this section 
duringperiods when that security zone is not being enforced.

[[Page 689]]

    (c) Enforcement. Enforcement periods for the zone inparagraph 
(a)(12) of this section will be announced through marineinformation 
broadcast or other appropriate method of communication.The Coast Guard 
is enforcing the zone whenever a vessel is anchored inthe security zone 
or a Coast Guard patrol vessel is on-scene.

[CGD01-02-132, 68 FR 2890, Jan. 22, 2003, asamended by CGD01-03-036, 69 
FR 2670, Jan. 20, 2004;CGD01-03-020, 69 FR 23306, June 15, 2004;USCG-
2008-0179, 73 FR 35017, June 19, 2008]



Sec. 165.170  Safety Zone: Triathlon, Ulster Landing, Hudson River, NY.

    (a) Regulated area. The following area is a safety zone: Allwaters 
of the Hudson River, in the vicinity of Ulster Landing, boundby the 
following points: 42[deg]00[min]03.7[sec] N,073[deg]56[min]43.1[sec] W; 
thence to 41[deg]59[min]52.5[sec] N,073[deg]56[min]34.2[sec] W; thence 
to 42[deg]00[min]15.1[sec] N,073[deg]56[min]25.2[sec] W; thence to 
42[deg]00[min]05.4[sec] N,073[deg]56[min]41.9[sec] W (NAD 1983); thence 
along the shorelineto the point of beginning.
    (b) Effective period. This section is in effect annuallyfrom 6 a.m. 
until 9 a.m. on the first Sunday after July 4th.
    (c) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone withoutthe 
permission of the Captain of the Port, New York.
    (3) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene 
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a U.S. Coast 
Guardvessel by siren, radio, flashing light, or other means, the 
operatorof a vessel shall proceed as directed.

[CGD01-00-248, 66 FR 29486, May 31, 2001]



Sec. 165.202  [Reserved]

                       Fifth Coast Guard District



Sec. 165.T05-0338  Safety zone; Fireworks Displays, Anacostia River, Washington, DC.

    (a) Definitions. For the purposes of this section,Captain of the 
Port, Baltimore, Maryland means the Commander,Coast Guard Sector 
Baltimore or any Coast Guard commissioned, warrant,or petty officer who 
has been authorized by the Captain of the Port,Baltimore, Maryland to 
act on his or her behalf.
    (b) Location. The following area is a safety zone: allwaters of the 
Anacostia River, surface to bottom, within a radius of350 feet around a 
fireworks discharge site which will be located atposition latitude 
38[deg]52[min]18[sec] N, longitude 077[deg]00[min]20[sec] W. All 
coordinates reference North American Datum1983.
    (c) Regulations: (1) The general regulations governingsafety zones, 
found in Sec. 165.23, apply to the safety zone describedin paragraph (b) 
of this section.
    (2) Entry into or remaining in this zone is prohibited, 
unlessauthorized by the Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through 
themoving safety zone must first request authorization from the 
Captainof the Port, Baltimore, Maryland to seek permission to transit 
thearea. The Captain of the Port, Baltimore, Maryland can be contacted 
attelephone number (410) 576-2693. The Coast Guard vesselsenforcing this 
section can be contacted on Marine Band Radio VHFChannel 16 (156.8 MHz). 
Upon being hailed by a U.S. Coast Guard vesselby siren, radio, flashing 
light, or other means, the person or vesselshall proceed as directed. If 
permission is granted, all persons orvessels must comply with the 
instructions of the Captain of the Port,Baltimore, Maryland, and proceed 
at the minimum speed necessary tomaintain a safe course while within the 
zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the zone by Federal, State and localagencies.
    (e) Enforcement periods. This section will be enforced from7:30 p.m. 
through 11:30 p.m. on April 25, 2008; May 2, 2008; May 9,2008; May 23, 
2008; June 6, 2008; June 20, 2008; June 27, 2008; July11, 2008; August 
1, 2008; August 15, 2008; August 29, 2008; andSeptember 19, 2008.

[USCG-2008-0338, 73 FR 27462, May 13, 2008]

    Effective Date Note: By USCG-2008-0338, 73FR 27462, May 8, 2008, 
temporary Sec. 165.T05-0338was added, effective Apr. 25, 2008 through 
Sept. 19, 2008.

[[Page 690]]



Sec. 165.500  Safety/Security Zones; Chesapeake Bay, Maryland.

    (a) Definitions. (1) Certain Dangerous Cargo (CDC) means amaterial 
defined in 33 CFR part 160.
    (2) Liquefied Hazardous Gas (LHG) means a material defined in 33CFR 
part 127.
    (3) Liquefied Natural Gas (LNG) means a material defined in 33 
CFRpart 127.
    (4) Cruise ship means a vessel defined as a ``passengervessel'' in 
46 U.S.C. 2101 (22).
    (b) Location. The following areas are a safety/securityzone: All 
waters of the Chesapeake Bay and its tributaries, fromsurface to bottom, 
within a 500 yard radius around cruise ships andvessels transporting 
CDC, LNG, or LHG while transiting, anchored, ormoored within the COTP 
Baltimore zone.
    (c) Regulations. (1) The COTP will notify the maritimecommunity of 
affected vessels and the periods during which thesafety/security zones 
will be enforced by providing notice to marinersin accordance with 33 
CFR 165.7.
    (2) Entry into or remaining in this zone is prohibited 
unlessauthorized by the Coast Guard COTP, Baltimore, Maryland or 
hisdesignated representative.
    (3) Persons desiring to transit the area of the security zone 
maycontact the COTP at telephone number 410-576-2693 or onVHF channel 16 
(156.8 MHz) to seek permission to transit the area. Ifpermission is 
granted, all persons and vessels must comply with theinstructions of the 
COTP or his or her designated representative.
    (d) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 50 U.S.C. 191.

[CDG05-03-008, 68 FR 43311, July 22, 2003]



Sec. 165.501  Chesapeake Bay entrance and Hampton Roads, VA and adjacentwaters--Regulated Navigation Area.

    (a) Location. The waters enclosed by the shoreline and thefollowing 
lines are a Regulated Navigation Area:
    (1) Offshore zone. A line drawn due East from the mean lowwater mark 
at the North Carolina and Virginia border at 
latitude36[deg]33[min]03[sec] N, longitude 75[deg]52[min]00[sec] W, 
tothe Territorial Seas boundary line at latitude36[deg]33[min]05[sec] N, 
longitude 75[deg]36[min]51[sec] W,thence generally Northeastward along 
the Territorial Seas boundaryline to latitude 38[deg]01[min]39[sec] N, 
longitude74[deg]57[min]18[sec] W, thence due West to the mean low water 
markat the Maryland and Virginia border at latitude38[deg]01[min]39[sec] 
N, longitude 75[deg]14[min]30[sec] W,thence South along the mean low 
water mark on the Virginia coast, andeastward of the Colregs Demarcation 
Lines across Chincoteague Inlet,Assawoman Inlet, Gargathy Inlet, 
Metompkin Inlet, Wachapreague Inlet,Quinby Inlet, Great Machipongo 
Inlet, Sand Shoal Inlet, New Inlet,Ship Shoal Inlet and Little Inlet, to 
the Colregs Demarcation Lineacross the mouth of Chesapeake Bay, 
continuing south along theVirginia low water mark and eastward of the 
Colregs Demarcation Lineacross Rudee Inlet to the point of beginning. 
All positions referenceNAD 83.
    (2) Inland zone. The waters enclosed by the shoreline andthe 
following lines:
    (i) A line drawn across the entrance to Chesapeake Bay betweenWise 
Point and Cape Charles Light, and then continuing to Cape HenryLight.
    (ii) A line drawn across the Chesapeake Bay between Old PointComfort 
Light and Cape Charles City Range ``A'' RearLight.
    (iii) A line drawn across the James River along the eastern sideof 
U.S. Route 17 highway bridge, between Newport News and Isle ofWight 
County, Virginia.
    (iv) A line drawn across Chuckatuck Creek along the northern sideof 
the north span of the U.S. Route 17 highway bridge, between Isle ofWight 
County and Suffolk, Virginia.
    (v) A line drawn across the Nansemond River along the northernside 
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
    (vi) A line drawn across the mouth of Bennetts Creek, 
Suffolk,Virginia.
    (vii) A line drawn across the Western Branch of the ElizabethRiver 
along the eastern side of the West Norfolk Bridge, Portsmouth,Virginia.
    (viii) A line drawn across the Southern Branch of the ElizabethRiver 
along the northern side of the I-64 highway bridge,Chesapeake, Virginia.

[[Page 691]]

    (ix) A line drawn across the Eastern Branch of the ElizabethRiver 
along the western side of the west span of the CampostellaBridge, 
Norfolk, Virginia.
    (x) A line drawn across the Lafayette River along the western sideof 
the Hampton Boulevard Bridge, Norfolk, Virginia.
    (xi) A line drawn across Little Creek along the eastern side ofthe 
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
    (xii) A line drawn across Lynnhaven Inlet along the northern sideof 
Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia.
    (b) Definitions. In this section:
    CBBT means the Chesapeake Bay Bridge Tunnel.
    Coast Guard Patrol Commander is a Coast Guard commissioned,warrant 
or petty officer who has been designated by the Commander,Coast Guard 
Sector Hampton Roads.
    Designated representative of the Captain of the Port means aperson, 
including the duty officer at the Coast Guard Sector HamptonRoads, the 
Joint Harbor Operations Center watchstander, or the CoastGuard or Navy 
Patrol Commander who has been authorized by the Captainof the Port to 
act on his or her behalf and at his or her request tocarry out such 
orders and directions as needed. All patrol vesselsshall display the 
Coast Guard Ensign at all times when underway.
    I-664 Bridge Tunnel means the Monitor Merrimac BridgeTunnel.
    Inland waters means waters within the COLREGS Line ofDemarcation.
    Thimble Shoal Channel consists of the waters bounded by aline 
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence toThimble 
Shoal Lighted Gong Buoy 17, thence to Thimble Shoal LightedBuoy 19, 
thence to Thimble Shoal Lighted Buoy 21, thence to ThimbleShoal Lighted 
Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thenceto Thimble Shoal 
Lighted Buoy 2, thence to the beginning.
    Thimble Shoal North Auxiliary Channel consists of the watersin a 
rectangular area 450 feet wide adjacent to the north side ofThimble 
Shoal Channel, the southern boundary of which extends fromThimble Shoal 
Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.
    Thimble Shoal South Auxiliary Channel consists of the watersin a 
rectangular area 450 feet wide adjacent to the south side ofThimble 
Shoal Channel, the northern boundary of which extends fromThimble Shoal 
Channel Lighted Bell Buoy 1TS, thence to Thimble ShoalLighted Gong Buoy 
17, thence to Thimble Shoal Lighted Buoy 19, thenceto Thimble Shoal 
Lighted Buoy 21.
    (c) Applicability. This section applies to all vesselsoperating 
within the Regulated Navigation Area, including naval andpublic vessels, 
except vessels that are engaged in the followingoperations:
    (1) Law enforcement.
    (2) Servicing aids to navigation.
    (3) Surveying, maintenance, or improvement of waters in theRegulated 
Navigation Area.
    (d) Regulations--(1) Anchoring restrictions. Novessel over 65 feet 
long may anchor or moor in the inland waters ofthe Regulated Navigation 
Area outside an anchorage designated inSec. 110.168 of this title, with 
these exceptions:
    (i) The vessel has the permission of the Captain of the Port.
    (ii) Only in an emergency, when unable to proceed withoutendangering 
the safety of persons, property, or the environment, may avessel anchor 
in a channel.
    (iii) A vessel may not anchor within the confines of Little 
CreekHarbor, Desert Cove, or Little Creek Cove without the permission 
ofthe Captain of the Port. The Captain of the Port shall consult withthe 
Commander, Naval Amphibious Base Little Creek, before grantingpermission 
to anchor within this area.
    (2) Anchoring detail requirements. A self-propelled vesselover 100 
gross tons, which is equipped with an anchor or anchors(other than a 
tugboat equipped with bow fenderwork of a type ofconstruction that 
prevents an anchor being rigged for quick release),that is underway 
within two nautical miles of the CBBT or theI-664 Bridge Tunnel shall 
station its personnel at locations onthe vessel from which they can 
anchor the vessel without delay in anemergency.

[[Page 692]]

    (3) Secondary towing rig requirements on inland waters.(i) A vessel 
over 100 gross tons may not be towed in the inland watersof the 
Regulated Navigation Area unless it is equipped with asecondary towing 
rig, in addition to its primary towing rig, that:
    (A) Is of sufficient strength for towing the vessel.
    (B) Has a connecting device that can receive a shackle pin of 
atleast two inches in diameter.
    (C) Is fitted with a recovery pickup line led outboard of 
thevessel's hull.
    (ii) A tow consisting of two or more vessels, each of which isless 
than 100 gross tons, that has a total gross tonnage that is over100 
gross tons, shall be equipped with a secondary towing rig betweeneach 
vessel in the tow, in addition to its primary towing rigs, whilethe tow 
is operating within this Regulated Navigation Area. Thesecondary towing 
rig must:
    (A) Be of sufficient strength for towing the vessels.
    (B) Have connecting devices that can receive a shackle pin of 
atleast two inches in diameter.
    (C) Be fitted with recovery pickup lines led outboard of thevessel's 
hull.
    (4) Thimble Shoals Channel controls. (i) A vessel drawingless than 
25 feet may not enter the Thimble Shoal Channel, unless thevessel is 
crossing the channel. Masters should consider the squat oftheir vessel 
based upon vessel design and environmental conditions.Channel crossings 
shall be made as perpendicular to the channel axisas possible.
    (ii) Except when crossing the channel, a vessel in the ThimbleShoal 
North Auxiliary Channel shall proceed in a westbound direction.
    (iii) Except when crossing the channel, a vessel in the ThimbleShoal 
South Auxiliary Channel shall proceed in an eastbound direction.
    (5) Restrictions on vessels with impairedmaneuverability--(i) Before 
entry. A vessel over 100gross tons, whose ability to maneuver is 
impaired by heavy weather,defective steering equipment, defective main 
propulsion machinery, orother damage, may not enter the Regulated 
Navigation Area without thepermission of the Captain of the Port.
    (ii) After entry. A vessel over 100 gross tons, which isunderway in 
the Regulated Navigation Area, that has its ability tomaneuver become 
impaired for any reason, shall, as soon as possible,report the 
impairment to the Captain of the Port.
    (6) Requirements for navigation charts, radars, and pilots.No vessel 
over 100 gross tons may enter the Regulated Navigation Area,unless it 
has on board:
    (i) Corrected charts of the Regulated Navigation Area. Instead 
ofcorrected paper charts, warships or other vessels owned, leased, 
oroperated by the United States Government and used only in 
governmentnoncommercial service may carry electronic charting and 
navigationsystems that have met the applicable agency regulations 
regardingnavigation safety.
    (ii) An operative radar during periods of reduced visibility;
    (iii) When in inland waters, a pilot or other person on board 
withprevious experience navigating vessels on the waters of the 
RegulatedNavigation Area.
    (7) Emergency procedures. (i) Except as provided inparagraph 
(d)(7)(ii) of this section, in an emergency any vessel maydeviate from 
the regulations in this section to the extent necessaryto avoid 
endangering the safety of persons, property, or theenvironment.
    (ii) A vessel over 100 gross tons with an emergency that islocated 
within two nautical miles of the CBBT or I-664 BridgeTunnel shall notify 
the Captain of the Port of its location and thenature of the emergency, 
as soon as possible.
    (8) Vessel speed limits--(i) Little Creek. Avessel may not proceed 
at a speed over five knots between the Route 60bridge and the mouth of 
Fishermans Cove (Northwest Branch of LittleCreek).
    (ii) Southern Branch of the Elizabeth River. A vessel maynot proceed 
at a speed over six knots between the junction of theSouthern and 
Eastern Branches of the Elizabeth River and the Norfolkand Portsmouth 
Belt Line Railroad Bridge between Chesapeake andPortsmouth, Virginia.
    (iii) Norfolk Harbor Reach. Nonpublic vessels of 300 grosstons or 
more may not proceed at a speed over 10 knots between theElizabeth River 
Channel Lighted Gong Buoy 5 of Norfolk Harbor

[[Page 693]]

Reach (southwest of Sewells Point) at approximately36[deg]58[min]00[sec] 
N, 076[deg]20[min]00[sec] W, and gatedElizabeth River Channel Lighted 
Buoys 17 and 18 of Craney Island Reach(southwest of Norfolk 
International Terminal at approximately36[deg]54[min]17[sec] N, and 
076[deg]20[min]11[sec] W.
    (9) Port security requirements. Vessels in excess of 300gross tons, 
including tug and barge combinations in excess of 300gross tons 
(combined), shall not enter the Regulated Navigation Area,move within 
the Regulated Navigation Area, or be present within theRegulated 
Navigation Area, unless they comply with the followingrequirements:
    (i) Obtain authorization to enter the Regulated Navigation Areafrom 
the designated representative of the Captain of the Port prior toentry. 
All vessels entering or remaining in the Regulated NavigationArea may be 
subject to a Coast Guard boarding.
    (ii) Ensure that no person who is not a permanent member of 
thevessel's crew, or a member of a Coast Guard boarding team, boards 
thevessel without a valid purpose and photo identification.
    (iii) Report any departure from or movement within the 
RegulatedNavigation Area to the designated representative of the Captain 
of thePort prior to getting underway.
    (iv) The designated representative of the Captain of the Port isthe 
Sector Command Center (SCC)--Joint Harbor Operations Center(JHOC) which 
shall be contacted on VHF-FM channel 12, or bycalling (757) 668-5555.
    (v) In addition to the authorities listed in this part, 
thisparagraph is promulgated under the authority under 33 U.S.C. 1226.
    (e) Waivers. (1) The Captain of the Port may, upon request,waive any 
regulation in this section.
    (2) An application for a waiver must state the need for the 
waiverand describe the proposed vessel operations.
    (f) Control of vessels within the regulated navigation area.(1) When 
necessary to prevent damage, destruction or loss of anyvessel, facility 
or port infrastructure, the Captain of the Port maydirect the movement 
of vessels or issue orders requiring vessels toanchor or moor in 
specific locations.
    (2) If needed for the maritime, commercial or security interestsof 
the United States, the Captain of the Port may order a vessel tomove 
from the location in which it is anchored to another locationwithin the 
Regulated Navigation Area.
    (3) The master of a vessel within the Regulated Navigation Areashall 
comply with any orders or directions issued to the master'svessel by the 
Captain of the Port.

[CGD05-02-099, 68 FR 35175, June 12, 2003, asamended by USCG-2006-25150, 
71 FR 39211, July 12, 2006]



Sec. 165.502  Safety and Security Zone; Cove Point Liquefied Natural GasTerminal, Chesapeake Bay, Maryland.

    (a) Location. The following area is a safety and securityzone: All 
waters of the Chesapeake Bay, from surface to bottom,encompassed by 
lines connecting the following points, beginning at38[deg]24[min]27[sec] 
N, 76[deg]23[min]42[sec] W, thence to38[deg]24[min]44[sec] N, 
76[deg]23[min]11[sec] W, thence to38[deg]23[min]55[sec] N, 
76[deg]22[min]27[sec] W, thence to38[deg]23[min]37[sec] N, 
76[deg]22[min]58[sec] W, thence tobeginning at 38[deg]24[min]27[sec] N, 
76[deg]23[min]42[sec] W.These coordinates are based upon North American 
Datum (NAD) 1983. Thisarea is 500 yards in all directions from the Cove 
Point LNG terminalstructure.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. Sec. 165.23 and 165.33 of this part,entry into or movement within 
this zone is prohibited unlessauthorized by the Coast Guard Captain of 
the Port, Baltimore, Marylandor his designated representative. 
Designated representatives includeany Coast Guard commissioned, warrant, 
or petty officer.
    (2) Persons desiring to transit the area of the zone may contactthe 
Captain of the Port at telephone number (410) 576-2693 orvia VHF Marine 
Band Radio Channel 16 (156.8 MHz) to seek permission totransit the area. 
If permission is granted, all persons and vesselsmust comply with the 
instructions of the Captain of the Port or hisdesignated representative.
    (c) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the zone by Federal, State, local, andprivate 
agencies.

[CGD05-03-023, 68 FR 75133, Dec. 30, 2003]

[[Page 694]]



Sec. 165.503  Security Zone; Captain of the Port Hampton Roads Zone.

    (a) Definitions. As used in this section--
    Certain dangerous cargo or CDC means a materialdefined as CDC in 33 
CFR 160.204.
    Designated Representative of the Captain of the Port is anyU.S. 
Coast Guard commissioned, warrant or petty officer who has 
beenauthorized by the Captain of the Port (COTP), Hampton Roads, 
Virginiato act on his or her behalf.
    Passenger vessel means a vessel defined as a passengervessel in 46 
CFR part 70.
    (b) Location. All navigable waters of the Captain of thePort Hampton 
Roads zone (defined in 33 CFR 3.25-10) within 500yards around a 
passenger vessel or vessel carrying a CDC, while thepassenger vessel or 
vessel carrying CDC is transiting, moored oranchored.
    (c) Regulations. (1) No vessel may approach within 500 yardsof a 
passenger vessel or vessel carrying a CDC within the Captain ofthe Port 
Hampton Roads zone, unless traveling at the minimum speednecessary to 
navigate safely.
    (2) Under Sec. 165.33, no vessel or person may approachwithin 100 
yards of a passenger vessel or vessel carrying a CDC withinthe Captain 
of the Port Hampton Roads zone, unless authorized by theCOTP Hampton 
Roads or his or her designated representative.
    (3) The COTP Hampton Roads may notify the maritime and generalpublic 
by marine information broadcast of the periods during whichindividual 
security zones have been activated by providing notice inaccordance with 
33 CFR 165.7.
    (4) A security zone in effect around a moving or anchored vesselwill 
be enforced by a law enforcement vessel. A security zone ineffect around 
a moored vessel will be enforced by a law enforcementagent shoreside, a 
law enforcement vessel waterside, or both.
    (5) Persons desiring to transit the area of the security zonewithin 
100 yards of a passenger vessel or vessel carrying a CDC mustcontact the 
COTP Hampton Roads on VHF-FM channel 16 (156.8 MHz) ortelephone number 
(757) 668-5555 or (757) 484-8192 toseek permission to transit the area. 
All persons and vessels mustcomply with the instructions of the COTP or 
the COTP's designatedrepresentative.
    (d) Enforcement. The COTP will enforce these zones and mayenlist the 
aid and cooperation of any Federal, state, county, ormunicipal law 
enforcement agency to assist in the enforcement of theregulation.

[CGD05-04-067, 69 FR 40769, July 7, 2004]



Sec. 165.504  Newport News Shipbuilding and Dry Dock Company Shipyard, JamesRiver, Newport News, Va.

    (a) Location. The following is a security zone: The watersof the 
James River encompassed by a line beginning at the intersectionof the 
shoreline with the northernmost property line of the NewportNews 
Shipbuilding and Dry Dock Co. at latitude37[deg]00[min]38.1[sec] N, 
longitude 76[deg]27[min]05.7[sec] W,thence southerly to latitude 
36[deg]59[min]58.4[sec] N, longitude76[deg]27[min]16.7[sec] W, thence 
southeasterly to latitude36[deg]59[min]23.0[sec] N, longitude 
76[deg]26[min]54.6[sec] W,thence westerly to latitude 
36[deg]59[min]21.5[sec] N, longitude76[deg]26[min]58.4[sec] W, thence 
southeasterly to latitude36[deg]59[min]12.9[sec] N, longitude 
76[deg]26[min]52.4[sec] W,thence easterly to latitude 
36[deg]59[min]14.2[sec] N, longitude76[deg]26[min]49.1[sec] W, thence 
southeasterly to latitude36[deg]58[min]37.8[sec] N, longitude 
76[deg]26[min]26.3[sec] W,thence easterly to latitude 
36[deg]58[min]43.5[sec] N, longitude76[deg]26[min]13.7[sec] W, thence 
northerly to the intersection ofthe shoreline with the southernmost 
property line of the Newport NewsShipbuilding and Dry Dock Co. at 
latitude 36[deg]58[min]48.0[sec]N, longitude 76[deg]26[min]11.2[sec] W, 
thence northwesterly alongthe shoreline to the point of beginning.
    (b) Security zone anchorage. The following is a securityzone 
anchorage: The waters of the James River encompassed by a linebeginning 
at the intersection of the shoreline with the northernmostproperty line 
of the Newport News Shipbuilding and Dry Dock Companyshipyard at 
latitude 37[deg]00[min]38.1[sec] N, longitude76[deg]27[min]05.7[sec] W, 
thence southerly to latitude36[deg]59[min]58.4[sec] N, longitude 
76[deg]27[min]16.7[sec] W,thence easterly to the shoreline at 
latitude36[deg]59[min]58.5[sec] N, longitude 76[deg]27[min]11.6[sec] 
W,thence along the shoreline to the point of beginning.
    (c) Special Regulations. (1) Section 165.33 (a), (e), and(f) do not 
apply to

[[Page 695]]

the following vessels or individuals on boardthose vessels:
    (i) Public vessels of the United States.
    (ii) Public vessels owned or operated by the Commonwealth ofVirginia 
or its subdivisions for law enforcement or firefightingpurposes.
    (iii) Vessels owned by, operated by, or under charter to NewportNews 
Shipbuilding and Dry Dock Co.
    (iv) Vessels that are performing work at Newport News 
Shipbuildingand Dry Dock Co., including the vessels of subcontractors 
and othervendors of Newport News Shipbuilding and Dry Dock Co. or other 
personsthat have a contractual relationship with Newport News 
Shipbuildingand Dry Dock Co.
    (v) Vessels that are being built, rebuilt, repaired, or 
otherwiseworked on at or by Newport News Shipbuilding and Dry Dock Co. 
oranother person authorized to perform work at the shipyard.
    (vi) Vessels that are authorized by Newport News Shipbuilding andDry 
Dock Company to moor at and use its facilities.
    (vii) Commercial shellfish harvesting vessels taking clams fromthe 
shellfish beds within the zone, if
    (A) The owner of the vessel has previously provided the Captain 
ofthe Port, Hampton Roads, Virginia, information about the 
vessel,including:
    (1) The name of the vessel;
    (2) The vessel's official number, if documented, or statenumber, if 
numbered by a state issuing authority;
    (3) A brief description of the vessel, including length,color, and 
type of vessel;
    (4) The name, Social Security number, current address, andtelephone 
number of the vessel's master, operator, or person incharge; and
    (5) Upon request, information the vessel's crew.
    (B) The vessel is operated in compliance with any specific 
ordersissued to the vessel by the Captain of the Port or other 
regulationscontrolling the operation of vessels within the security zone 
that maybe in effect.
    (d) Enforcement. The U.S. Coast Guard may be assisted in 
theenforcement of this zone by the U.S. Navy.

[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended byCGD5 87-038, 52 FR 
41996, Nov. 2, 1987]



Sec. 165.505  Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake Bay,Calvert County, Maryland.

    (a) Location. The following area is a security zone: Allwaters of 
the Chesapeake Bay, from surface to bottom, encompassed bylines 
connecting the following points, beginning at38[deg]26[min]06[sec] N, 
076[deg]26[min]18[sec] W, thence to38[deg]26[min]10[sec] N, 
076[deg]26[min]12[sec] W, thence to38[deg]26[min]21[sec] N, 
076[deg]26[min]28[sec] W, thence to38[deg]26[min]14[sec] N, 
076[deg]26[min]33[sec] W, thence tobeginning at 38[deg]26[min]06[sec] N, 
076[deg]26[min]18[sec] W.These coordinates are based upon North American 
Datum (NAD) 1983.
    (b) Regulations. (1) Entry into or remaining in this zone 
isprohibited unless authorized by the Coast Guard Captain of the 
Port,Baltimore, Maryland.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number410-576-2693 or on 
VHF channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort or his or her designated 
representative.
    (c)Authority: In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD05-02-080, 68 FR 15053, Mar. 28, 2003]



Sec. 165.506  Safety Zones; Fifth Coast Guard District Fireworks Displays.

    (a) Locations. (1) Patuxent River, Solomons Island, MD,Safety Zone. 
All waters of Patuxent River within a 300 yard radiusof the fireworks 
barge in an area bound by the following points:38[deg]19[min]42[sec] N, 
076[deg]28[min]02[sec] W; thence to38[deg]19[min]26[sec] N, 
076[deg]28[min]18[sec] W; thence to38[deg]18[min]48[sec] N, 
076[deg]27[min]42[sec] W; thence to38[deg]19[min]06[sec] N, 
076[deg]27[min]25[sec] W; (Datum NAD1983), thence to the point of 
origin, located near Solomons Island,MD.
    (2) Middle River, Baltimore County, MD, Safety Zone. Allwaters of 
the Middle River within a 300 yard radius of

[[Page 696]]

thefireworks barge in approximate position 39[deg]17[min]45[sec] 
N,076[deg]23[min]49[sec] W (Datum NAD 1983), approximately 300 yardseast 
of Rockaway Beach, near Turkey Point.
    (3) Northeast River, North East, MD, Safety Zone. All watersof the 
Northeast River within a 300 yard radius of the fireworks bargein 
approximate position 39[deg]35[min]26[sec] N,075[deg]57[min]00[sec] W 
(Datum NAD 1983), approximately 400 yardssouth of North East Community 
Park.
    (4) Upper Potomac River, Alexandria, VA, Safety Zone. Allwaters of 
the Upper Potomac River within a 300 yard radius of thefireworks barge 
in approximate position 38[deg]48[min]37[sec] N,077[deg]02[min]02[sec] W 
(Datum NAD 1983), located near thewaterfront of Alexandria, Virginia.
    (5) Potomac River, Prince William County, VA, Safety Zone.All waters 
of the Potomac River within a 200 yard radius of thefireworks barge in 
approximate position 38[deg]34[min]08[sec] N,077[deg]15[min]34[sec] W 
(Datum NAD 1983), located near CherryHill, Virginia.
    (6) Potomac River, Charles County, MD, Safety Zone. Allwaters of the 
Potomac River within a 300 yard radius of the fireworksbarge in 
approximate position 38[deg]20[min]36[sec] N,077[deg]14[min]09[sec] W 
(Datum NAD 1983), approximately 1400 yardsnorth of the shoreline at 
Fairview Beach, Virginia.
    (7) Baltimore Inner Harbor, Patapsco River, MD, Safety Zone.All 
waters of the Patapsco River within a 150 yard radius of thefireworks 
barge in approximate position 39[deg]16[min]55[sec] 
N,076[deg]36[min]17[sec] W (Datum NAD 1983), located at the entranceto 
Baltimore Inner Harbor, approximately 150 yards southwest of pier6.
    (8) Northwest Harbor (Western Section) Patapsco River, MD,Safety 
Zone. All waters of the Patapsco River within a 250 yardradius of the 
fireworks barge in approximate position39[deg]16[min]37[sec] N, 
076[deg]35[min]54[sec] W (Datum NAD1983), located near the western end 
of Northwest Harbor.
    (9) Northwest Harbor (East Channel), Patapsco River, MD, SafetyZone. 
All waters of the Patapsco River within a 300 yard radius ofthe 
fireworks barge in approximate position 39[deg]15[min]55[sec]N, 
076[deg]34[min]35[sec] W (Datum NAD 1983), located adjacent tothe East 
Channel of Northwest Harbor.
    (10) Patapsco River (Middle Branch), Baltimore, MD, SafetyZone. All 
waters of the Patapsco River, Middle Branch, within anarea bound by a 
line drawn from the following points:39[deg]15[min]22[sec] N, 
076[deg]36[min]36[sec] W; thence to39[deg]15[min]10[sec] N, 
076[deg]36[min]00[sec] W; thence to39[deg]15[min]40[sec] N, 
076[deg]35[min]23[sec] W; thence to39[deg]15[min]49[sec] N, 
076[deg]35[min]47[sec] W; thence to thepoint of origin, (Datum NAD 
1983), located approximately 600 yardseast of Hanover Street (SR-2) 
Bridge.
    (11) Washington Channel, Upper Potomac River, Washington, DC,Safety 
Zone. All waters of the Upper Potomac River within a 150yard radius of 
the fireworks barge in approximate position38[deg]52[min]09[sec] N, 
077[deg]01[min]13[sec] W (Datum NAD1983), located within the Washington 
Channel in Washington Harbor, DC.
    (12) Dukeharts Channel, Potomac River, MD, Safety Zone. Allwaters of 
the Potomac River within a 300 yard radius of the fireworksbarge in 
approximate position 38[deg]13[min]48[sec] N,076[deg]44[min]37[sec] W 
(Datum NAD 1983), located adjacent toDukeharts Channel near Coltons 
Point, Maryland.
    (13) Severn River and Spa Creek, Annapolis, MD, Safety Zone.All 
waters of the Severn River and Spa Creek within an area bounded bya line 
drawn from 38[deg]58[min]39.6[sec] N,076[deg]28[min]49[sec] W; thence to 
38[deg]58[min]41[sec] N,076[deg]28[min]14[sec] W; thence to 
38[deg]59[min]01[sec] N,076[deg]28[min]37[sec] W; thence to 
38[deg]58[min]57[sec] N,076[deg]28[min]40[sec] W (Datum NAD 1983), 
located near theentrance to Spa Creek in Annapolis, Maryland.
    (14) Miles River, St. Michaels, MD, Safety Zone. All watersof the 
Miles River within a 200 yard radius of the fireworks barge 
inapproximate position 38[deg]47[min]42[sec] N,076[deg]12[min]23[sec] W 
(Datum NAD 1983), located near thewaterfront of St. Michaels, Maryland.
    (15) Susquehanna River, Havre de Grace, MD, Safety Zone. Allwaters 
of the Susquehanna River within a 150 yard radius of thefireworks barge 
in approximate position 39[deg]32[min]42[sec] N,076[deg]04[min]30[sec] W 
(Datum NAD 1983), approximately 800 yardseast of the waterfront at Havre 
de Grace, MD.
    (16) Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. Allwaters of 
the Chesapeake Bay within a 150 yard radius of the fireworksbarge in 
approximate position 38[deg]41[min]33[sec] N,076[deg]31[min]48[sec] W

[[Page 697]]

(Datum NAD 1983), located nearChesapeake Beach, Maryland.
    (17) Tred Avon River, Oxford, MD, Safety Zone. All waters ofthe Tred 
Avon River within a 150 yard radius of the fireworks barge inapproximate 
position 38[deg]41[min]48[sec] N,076[deg]10[min]38[sec] W (Datum NAD 
1983), approximately 500 yardsnorthwest of the waterfront at Oxford, MD.
    (18) Choptank River, Cambridge, MD, Safety Zone. All watersof the 
Choptank River within a 300 yard radius of the fireworks launchsite at 
Great Marsh Point, located at 38[deg]35[min]06[sec] 
N,076[deg]04[min]46[sec] W (Datum NAD 1983).
    (19) Chester River, Kent Island Narrows, MD, Safety Zone.All waters 
of the Chester River, within an area bound by a line drawnfrom the 
following points: 38[deg]58[min]50[sec] N,076[deg]15[min]00[sec] W; 
thence north to 38[deg]59[min]00[sec]N, 076[deg]15[min]00[sec] W; thence 
east to38[deg]59[min]00[sec] N, 076[deg]14[min]46[sec] W; 
thencesoutheast to 38[deg]58[min]50[sec] N, 076[deg]14[min]28[sec] 
W;thence southwest to 38[deg]58[min]37[sec] N,076[deg]14[min]36[sec] W, 
thence northwest to38[deg]58[min]42[sec] N, 076[deg]14[min]55[sec] W, 
thence to thepoint of origin, (Datum NAD 1983), located approximately 
900 yardsnorth of Kent Island Narrows (US-50/301) Bridge.
    (20) Atlantic Ocean, Ocean City, MD, Safety Zone. All watersof the 
Atlantic Ocean in an area bound by the following 
points:38[deg]19[min]39.9[sec] N, 075[deg]05[min]03.2[sec] W; thence 
to38[deg]19[min]36.7[sec] N, 075[deg]04[min]53.5[sec] W; thence 
to38[deg]19[min]45.6[sec] N, 075[deg]04[min]49.3[sec] W; thence 
to38[deg]19[min]49.1[sec] N, 075[deg]05[min]00.5[sec] W; (DatumNAD 
1983), thence to point of origin. The size of the proposed zoneextends 
approximately 300 yards offshore from the fireworks launcharea located 
at the High Water mark on the beach.
    (21) Isle of Wight Bay, Ocean City, MD, Safety Zone. Allwaters of 
Isle of Wight Bay within a 350 yard radius of the fireworksbarge in 
approximate position 38[deg]22[min]32[sec] N,075[deg]04[min]30[sec] W 
(Datum NAD 1983).
    (22) Assawoman Bay, Fenwick Island--Ocean City, MD,Safety Zone. All 
waters of Assawoman Bay within a 360 yard radiusof the fireworks launch 
location on the pier at the West end ofNorthside Park, in approximate 
position 38[deg]25[min]57.6[sec] N,075[deg]03[min]55.8[sec] W (Datum NAD 
1983).
    (23) Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. Allwaters of 
the Atlantic Ocean within a 360 yard radius of the fireworksbarge in 
approximate position 38[deg]43[min]01.2[sec] N,075[deg]04[min]21[sec] W 
(Datum NAD 1983), approximately 400 yardseast of Rehoboth Beach, DE.
    (24) Indian River Bay, DE, Safety Zone. All waters of theIndian 
River Bay within a 360 yard radius of the fireworks launchlocation on 
the pier in approximate position 38[deg]36[min]42[sec]N, 
075[deg]08[min]18[sec] W (Datum NAD 1983), about 700 yards eastof Pots 
Net Point, DE.
    (25) Little Egg Harbor, Parker Island, NJ, Safety Zone. Allwaters of 
Little Egg Harbor within a 500 yard radius of the fireworksbarge in 
approximate position 39[deg]34[min]18[sec] N,074[deg]14[min]43[sec] W 
(Datum NAD 1983), approximately 100 yardsnorth of Parkers Island.
    (26) Barnegat Bay, Ocean Township, NJ, Safety Zone. Allwaters of 
Barnegat Bay within a 500 yard radius of the fireworks bargein 
approximate position 39[deg]47[min]33[sec] N,074[deg]10[min]46[sec] W 
(Datum NAD 1983).
    (27) Delaware Bay, North Cape May, NJ, Safety Zone. Allwaters of the 
Delaware Bay within a 500 yard radius of the fireworksbarge in 
approximate position 38[deg]58[min]00[sec] N,074[deg]58[min]30[sec] W 
(Datum NAD 1983).
    (28) Delaware River, Essington, PA, Safety Zone. All watersof the 
Delaware River within a 300 yard radius of the fireworks bargein 
approximate position 39[deg]51[min]18[sec] N,075[deg]18[min]57[sec] W 
(Datum NAD 1983), due west of LittleTinicum Island.
    (29) Delaware River, Philadelphia, PA, Safety Zone. Allwaters of 
Delaware River, adjacent to Penns Landing, Philadelphia, PA,bounded from 
shoreline to shoreline, bounded on the south by a linerunning east to 
west from points along the shoreline at39[deg]56[min]31.2[sec] N, 
075[deg]08[min]28.1[sec] W; thence to39[deg]56[min]29.1[sec] N, 
075[deg]07[min]56.5[sec] W, andbounded on the north by the Benjamin 
Franklin Bridge (Datum NAD 1983).
    (30) Chesapeake Bay, Norfolk, VA, Safety Zone. All waters ofthe 
Chesapeake Bay within a 400 yard radius of the fireworks displaylocated 
in position 36[deg]57[min]21[sec] N,076[deg]15[min]00[sec] W; (Datum NAD 
1983), located near Ocean ViewFishing Pier.
    (31) Broad Bay, Virginia Beach, VA, Safety Zone. All watersof the 
Broad

[[Page 698]]

Bay within a 400 yard radius of the fireworksdisplay in approximate 
position 36[deg]52[min]08[sec] N,076[deg]00[min]46[sec] W (Datum NAD 
1983), located on the shorelinenear the Cavalier Golf and Yacht Club, 
Virginia Beach, Virginia.
    (32) Chickahominy River, Williamsburg, VA, Safety Zone. Allwaters of 
the Chickahominy River within a 400 yard radius of thefireworks display 
in approximate position 37[deg]14[min]50[sec] N,076[deg]52[min]17[sec] W 
(Datum NAD 1983), near Barrets Point,Virginia.
    (33) York River, Yorktown, VA, Safety Zone. All waters ofthe York 
River within a 400 yard radius of the fireworks display inapproximate 
position 37[deg]14[min]14[sec] N,076[deg]30[min]02[sec] W (Datum NAD 
1983), located near Yorktown,Virginia.
    (34) James River, Newport News, VA, Safety Zone. All watersof the 
James River within a 325 yard radius of the fireworks barge 
inapproximate position 36[deg]58[min]30[sec] N,076[deg]26[min]19[sec] W 
(Datum NAD 1983), located in the vicinityof the Newport News Shipyard, 
Newport News, Virginia.
    (35) Chesapeake Bay, Virginia Beach, VA, Safety Zone. Allwaters of 
the Chesapeake Bay 400 yard radius of the fireworks displayin 
approximate position 36[deg]55[min]02[sec] N,076[deg]03[min]27[sec] W 
(Datum NAD 1983), located at the FirstLanding State Park at Virginia 
Beach, Virginia.
    (36) York River, West Point, VA, Safety Zone. All waters ofthe York 
River near West Point, VA within a 400 yard radius of thefireworks 
display located in approximate position37-31[min]-25[sec]N/076-47[min]-
19[sec] W (Datum NAD 1983).
    (37) Chincoteague Channel, Chincoteague, VA, Safety Zone.All waters 
of the Chincoteague Channel within a 360 yard radius of thefireworks 
launch location at the Chincoteague carnival waterfront inapproximate 
position 37[deg]55[min]40.3[sec] N,075[deg]23[min]10.7[sec] W (Datum NAD 
1983), approximately 900yards southwest of Chincoteague Swing Bridge.
    (38) Atlantic Ocean, Virginia Beach, VA, Safety Zone. Allwaters of 
the Atlantic Ocean enclosed within a 360 yard radius of thecenter 
located on the beach at approximate position36[deg]51[min]34.8[sec] N, 
075[deg]58[min]30[sec] W (Datum NAD1983).
    (39) Elizabeth River, Southern Branch, Norfolk, VA, SafetyZone. All 
waters of the Elizabeth River Southern Branch in an areabound by the 
following points: 36[deg]50[min]54.8[sec]; N,076[deg]18[min]10.7[sec] W; 
thence to 36[deg]51[min]7.9[sec] N,076[deg]18[min]01[sec] W; thence to 
36[deg]50[min]45.6[sec] N,076[deg]17[min]44.2[sec] W; thence to 
36[deg]50[min]29.6[sec] N,076[deg]17[min]23.2[sec] W; thence to 
36[deg]50[min]7.7[sec] N,076[deg]17[min]32.3[sec] W; thence to 
36[deg]49[min]58[sec] N,076[deg]17[min]28.6[sec] W; thence to 
36[deg]49[min]52.6[sec] N,076[deg]17[min]43.8[sec] W; thence to 
36[deg]50[min]27.2[sec] N,076[deg]17[min]45.3[sec] W thence to the point 
of origin (Datum NAD1983).
    (40) Morehead City Harbor Channel, NC, Safety Zone. Allwaters of the 
Morehead City Harbor Channel that fall within a 360 yardradius of 
latitude 34[deg]43[min]01[sec] N,076[deg]42[min]59.6[sec] W, a position 
located at the west end ofSugar Loaf Island, NC.
    (41) Cape Fear River, Wilmington, NC, Safety Zone. Allwaters of the 
Cape Fear River within an area bound by a line drawnfrom the following 
points: 34[deg]14[min]12[sec] N,077[deg]57[min]07.2[sec] W; thence to 
34[deg]14[min]12[sec] N,077[deg]57[min]06[sec] W; thence to 
34[deg]13[min]54[sec] N,077[deg]57[min]00[sec] W; thence to 
34[deg]13[min]54[sec] N,077[deg]57[min]06[sec] W; thence to the point of 
origin (Datum NAD1983), located 500 yards north of Cape Fear Memorial 
Bridge.
    (42) Cape Fear River, Southport, NC, Safety Zone. All watersof the 
Cape Fear River within a 600 yard radius of the fireworks bargein 
approximate position 33[deg]54[min]40[sec] N,078[deg]01[min]18[sec] W 
(Datum NAD 1983), approximately 700 yardssouth of the waterfront at 
Southport, NC.
    (43) Big Foot Slough, Ocracoke, NC, Safety Zone. All watersof Big 
Foot Slough within a 300 yard radius of the fireworks launchsite in 
approximate position 35[deg]06[min]54[sec] N,075[deg]59[min]24[sec] W 
(Datum NAD 1983), approximately 100 yardswest of the Silver Lake 
Entrance Channel at Orcacoke, NC.
    (44) Green Creek and Smith Creek, Oriental, NC, Safety Zone.All 
waters of Green Creek and Smith Creek that fall within a 300 yardradius 
of the fireworks launch site at 35[deg]01[min]29.6[sec] 
N,076[deg]42[min]10.4[sec] W (Datum NAD 1983), located near theentrance 
to the Neuse River in the vicinity of Oriental, NC.
    (45) Pasquotank River, Elizabeth City, NC, Safety Zone. Allwaters of 
the Pasquotank River within a 300 yard radius of thefireworks launch 
site in approximate position 36[deg]18[min]00[sec]N, 
076[deg]13[min]00[sec] W (Datum NAD 1983), approximately

[[Page 699]]

200 yards south of the east end of the Elizabeth City BasculeBridges.
    (46) Currituck Sound, Corolla, NC, Safety Zone. All watersof the 
Croatan Sound within a 300 yard radius of the fireworks bargein 
approximate position 36[deg]22[min]48[sec] N,075[deg]51[min]15[sec] W 
(Datum NAD 1983).
    (47) Middle Sound, Figure Eight Island, NC, Safety Zone. Allwaters 
of the Figure Eight Island Causeway Channel from 
latitude34[deg]16[min]32[sec] N, 077[deg]45[min]32[sec] W, thence 
eastalong the marsh to a position located at 34[deg]16[min]19[sec] 
N,077[deg]44[min]55[sec] W, thence south to the causeway at 
position34[deg]16[min]16[sec] N, 077[deg]44[min]58[sec] W, thence 
westalong the shoreline to position 34[deg]16[min]29[sec] 
N,077[deg]45[min]34[sec] W, (Datum NAD 1983), thence back to thepoint of 
origin.
    (48) Pamlico River, Washington, NC, Safety Zone. All watersof the 
Pamlico River that fall within a 300 yard radius of thefireworks launch 
site at 35[deg]32[min]19[sec] N,077[deg]03[min]20.5[sec] W (Datum NAD 
1983), located 500 yardsnorth of Washington railroad trestle bridge.
    (49) Neuse River, New Bern, NC, Safety Zone. All waters ofthe Neuse 
River within a 360 yard radius of the fireworks barge inapproximate 
position 35[deg]06[min]07.1[sec] N,077[deg]01[min]35.8[sec] W (Datum NAD 
1983); located 420 yardsnorth of the New Bern, Twin Span, high rise 
bridge.
    (b) Notification. (1) Fireworks barges and launch sites onland in 
paragraph (a) of this section will have a sign on the port andstarboard 
side of the barge or mounted on a post 3 foot above groundlevel when on 
land and facing the water labeled``FIREWORKS--DANGER--STAY AWAY''. This 
willprovide on scene notice that the safety zone will be enforced on 
thatday. This notice will consist of a diamond shaped sign 4 foot by 
4foot with a 3-inch orange retro reflective border. The word``DANGER'' 
shall be 10 inch black block letters centeredon the sign with the words 
``FIREWORKS'' and ``STAYAWAY'' in 6 inch black block letters placed 
above and below theword ``DANGER'' respectively on a white background.
    (2) Coast Guard Captains of the Port in the Fifth Coast 
GuardDistrict will notify the public of the enforcement of these 
safetyzones by all appropriate means to effect the widest publicity 
amongthe affected segments of the public. Publication in the local 
noticeto mariners, marine information broadcasts, and facsimile 
broadcastsmay be made for these events, beginning 24 to 48 hours before 
theevent is scheduled to begin, to notify the public.
    (c) Enforcement period. The safety zones in paragraph (a) ofthis 
section will be enforced from 5:30 p.m. to 1 a.m. each day abarge with a 
``FIREWORKS--DANGER--STAY AWAY''sign on the port and starboard side is 
on-scene or a``FIREWORKS--DANGER--STAY AWAY'' sign isposted on land, in 
a location listed in paragraph (a) of this section.Vessels may not 
enter, remain in, or transit through the safety zonesduring these 
enforcement periods unless authorized by the Captain ofthe Port or 
designated Coast Guard patrol personnel on scene.
    (d) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on-scene-
patrolpersonnel. Those personnel are compromised of commissioned, 
warrant,and petty officers of the Coast Guard. Other Federal, State and 
localagencies may assist these personnel in the enforcement of the 
safetyzone. Upon being hailed by the U.S. Coast Guard vessel by 
siren,radio, flashing light or other means, the operator of a vessel 
shallproceed as directed.
    (e) Definitions.
    Captain of the Port means any Coast Guard commissioned,warrant or 
petty officer who has been authorized by the Captain of thePort to act 
on his or her behalf.
    State or local law enforcement officers mean any State orlocal 
government law enforcement officer who has the authority toenforce State 
criminal laws.

[CGD05-06-091, 72 FR 9439, Mar. 2, 2007]



Sec. 165.507  Security Zone; Chesapeake Bay, between Sandy Point and KentIsland, MD.

    (a) Definitions. The Captain of the Port, Baltimore,Maryland means 
the Commander, Coast Guard Sector Baltimore,Maryland or any Coast Guard

[[Page 700]]

commissioned, warrant, or pettyofficer who has been authorized by the 
Captain of the Port, Baltimore,Maryland to act on his or her behalf.
    (b) Location. The following area is a security zone: Allwaters of 
the Chesapeake Bay, from the surface to the bottom, within250 yards 
north of the north (westbound) span of the William P. LaneJr. Memorial 
Bridge, and 250 yards south of the south (eastbound) spanof the William 
P. Lane Jr. Memorial Bridge, from the western shore atSandy Point to the 
eastern shore at Kent Island, Maryland.
    (c) Regulations. (1) All persons are required to comply withthe 
general regulations governing security zones found inSec. 165.33 of 
this part.
    (2) Entry into or remaining in this zone is prohibited 
unlessauthorized by the Coast Guard Captain of the Port, 
Baltimore,Maryland.
    (3) Persons or vessels requiring entry into or passage through 
thesecurity zone must first request authorization from the Captain of 
thePort, Baltimore to seek permission to transit the area. The Captain 
ofthe Port, Baltimore, Maryland can be contacted at telephone 
number(410) 576-2693. The Coast Guard vessels enforcing this sectioncan 
be contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz).Upon 
being hailed by a U.S. Coast Guard vessel by siren, radio,flashing 
light, or other means, the operator of a vessel shall proceedas 
directed. If permission is granted, all persons and vessels mustcomply 
with the instructions of the Captain of the Port, Baltimore,Maryland and 
proceed at the minimum speed necessary to maintain a safecourse while 
within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the zone by Federal, State, and localagencies.
    (e) Enforcement period. This section will be enforcedannually on the 
first Sunday in May from 7 a.m. to 5 p.m. local time.

[CGD05-06-104, 72 FR 14422, Mar. 28, 2007]



Sec. 165.508  Security Zone; Georgetown Channel, Potomac River, Washington, DC.

    (a) Definitions. (1) The Captain of the Port, Baltimore,Maryland 
means the Commander, Coast Guard Sector Baltimore,Maryland or any Coast 
Guard commissioned, warrant, or petty officerwho has been authorized by 
the Captain of the Port, Baltimore,Maryland to act on his or her behalf.
    (b) Location. The following area is a security zone: Allwaters of 
the Georgetown Channel of the Potomac River, from thesurface to the 
bottom, 75 yards from the eastern shore measuredperpendicularly to the 
shore, between the Long Railroad Bridge (themost eastern bridge of the 
5-span, Fourteenth Street Bridge Complex)to the Theodore Roosevelt 
Memorial Bridge and all waters in between,totally including the waters 
of the Georgetown Channel Tidal Basin.
    (c) Regulations. (1) All persons are required to comply withthe 
general regulations governing security zones found inSec. 165.33 of 
this part.
    (2) Entry into or remaining in this zone is prohibited 
unlessauthorized by the Coast Guard Captain of the Port, 
Baltimore,Maryland.
    (3) Persons or vessels requiring entry into or passage through 
thesecurity zone must first request authorization from the Captain of 
thePort, Baltimore to seek permission to transit the area. The Captain 
ofthe Port, Baltimore, Maryland can be contacted at telephone 
number(410) 576-2693. The Coast Guard vessels enforcing this sectioncan 
be contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz).Upon 
being hailed by a U.S. Coast Guard vessel by siren, radio,flashing 
light, or other means, the operator of a vessel shall proceedas 
directed. If permission is granted, all persons and vessels mustcomply 
with the instructions of the Captain of the Port, Baltimore,Maryland and 
proceed at the minimum speed necessary to maintain a safecourse while 
within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the zone by Federal, State, and localagencies.

[[Page 701]]

    (e) Enforcement period. This section will be enforcedfrom 12:01 a.m. 
to 11:59 p.m. local time annually on July 4.

[CGD05-06-105, 72 FR 15836, Apr. 3, 2007]



Sec. 165.509  Security Zone; Severn River and College Creek, Annapolis, MD.

    (a) Definitions. For purposes of this section, theCaptain of the 
Port, Baltimore, Maryland means the Commander,Coast Guard Sector 
Baltimore, Maryland or any Coast Guardcommissioned, warrant, or petty 
officer who has been authorized by theCaptain of the Port, Baltimore, 
Maryland to act on his or her behalf.
    (b) Location. The following area is a security zone: Allwaters of 
the Severn River, from shoreline to shoreline, bounded by aline drawn 
from Horseshoe Point, at 38[deg]59[min]47.6[sec] 
N,076[deg]29[min]33.2[sec] W; eastward across the Severn river to apoint 
located at 39[deg]00[min]01.5[sec] N,076[deg]29[min]08.5[sec] W; and a 
line drawn from Biemans Point, at38[deg]59[min]14.4[sec] N, 
076[deg]28[min]30.1[sec] W; westwardacross the Severn River to a point 
38[deg]59[min]03.5[sec] N,076[deg]28[min]50.0[sec] W, located on the 
Naval Academywaterfront. This security zone includes the waters of 
College Creekeastward of the King George Street Bridge (NAD 1983).
    (c) Regulations. (1) The general regulations governingsecurity zones 
found in Sec. 165.33 apply to the securityzone described in paragraph 
(b) of this section.
    (2) Entry into or remaining in this zone is prohibited 
unlessauthorized by the Coast Guard Captain of the Port, 
Baltimore,Maryland.
    (3) Persons or vessels requiring entry into or passage through 
thesecurity zone must first request authorization from the Captain of 
thePort, Baltimore to seek permission to transit the area. The Captain 
ofthe Port, Baltimore, Maryland can be contacted at telephone 
number(410) 576-2693. The Coast Guard vessels enforcing this sectioncan 
be contacted on Marine Band Radio VHF channel 16 (156.8 MHz). Uponbeing 
hailed by a U.S. Coast Guard vessel by siren, radio, flashinglight, or 
other means, the operator of a vessel shall proceed asdirected. If 
permission is granted, all persons and vessels mustcomply with the 
instructions of the Captain of the Port, Baltimore,Maryland and proceed 
at the minimum speed necessary to maintain a safecourse while within the 
zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the zone by Federal, State, and localagencies.
    (e) Enforcement period. This section will be enforcedannually on the 
Friday before the Memorial Day holiday in May from7:30 a.m. to 2 p.m. 
local time.

[CGD05-06-112, 72 FR 24188, May 2, 2007]



Sec. 165.510  Delaware Bay and River, Salem River, Christina River andSchuylkill River-Regulated Navigation Area.

    (a) Regulated Navigation Area. The following is a 
RegulatedNavigation Area: The navigable waters of Delaware Bay and 
River, SalemRiver, Christina River, and Schuylkill River, in an area 
bounded onthe south by a line drawn across the entrance to the Delaware 
Baybetween Cape May Light and Harbor of Refuge Light and then 
continuingto the northernmost extremity of Cape Henlopen, and bounded on 
thenorth by a line drawn across the Delaware River between Trenton, 
NJand Morrisville, PA along the southern side of the U.S. Route 1Bridge.
    (b) Definitions. As used in this section:
    COTP means the Captain of the Port, Delaware Bay and anyCoast Guard 
commissioned, warrant or petty officer who has beenauthorized by the 
COTP to act on his or her behalf.
    Dangerous Cargo means those cargoes listed inSec. 160.203 of this 
chapter when carried in bulk, but doesnot include cargoes listed in 
Table 1 of 46 CFR part 153.
    Underway means that a vessel is not at anchor, made fast tothe 
shore, or aground.
    (c) Applicability. This section applies to any vesseloperating 
within the Regulated Navigation Area, including a naval orpublic vessel, 
except a vessel engaged in:
    (1) Law enforcement;
    (2) Servicing aids to navigation; or
    (3) Surveying, maintaining, or improving waters within theRegulated 
Navigation Area.
    (d) Draft limitation. Unless otherwise authorized by theCOTP, no 
vessel with

[[Page 702]]

a draft greater than 55 feet may enter thisregulated navigation area.

    Note: The project depth in many areas of the RegulatedNavigation 
Area is less than 55 feet.

    (e) Oil transfer operations. Unless otherwise authorized bythe COTP, 
no vessel to vessel oil transfer operations, excludingbunkering, may be 
conducted within the area between the southernboundary of this regulated 
navigation area and the southern span ofthe Delaware Memorial Bridge 
except within the anchorage grounddesignated in 110.157(a)(1) of this 
chapter.
    (f) Requirements for vessels carrying dangerous cargoes. Themaster, 
owner, or operator of a vessel carrying a dangerous cargoshall:
    (1) Notify the COTP at least 72 hours before the vessel enters 
ordeparts the regulated navigation area and at least 12 hours before 
thevessel moves within the regulated navigation area. The notice 
mustinclude a report of the vessel's propulsion and machinery status 
and,for foreign flag vessels, the notice must include any 
outstandingdeficiencies identified by the vessel's flag state or 
classificationsociety;
    (2) Not enter, get or remain underway within the regulatednavigation 
area if visibility is or is expected to be less than two(2) miles. If 
during the transit visibility becomes less than two (2)miles, the vessel 
must seek safe anchorage and notify the COTPimmediately;
    (3) Not anchor in any area within the regulated navigation 
areaunless in times of emergency or with COTP permission;
    (4) Not transfer dangerous cargo while the vessel is at anchor 
orbunkering;
    (5) Maintain a manned watch in the steering compartment wheneverthe 
vessel is underway within the regulated navigation area unless thevessel 
has two separate and independent steering control systems withduplicate 
pilothouse steering gear control systems which meet therequirements of 
46 CFR 58.25-70;
    (6) When anchored within the regulated navigation area and:
    (i) Sustained winds are greater than 25 knots but less than 40knots, 
ensure the main engines are ready to provide full power in fiveminutes 
or less; and
    (ii) Sustained winds are 40 knots or over, ensure that the 
mainengines are on line to immediately provide propulsion;
    (7) While moored within the regulated navigation area, ensure thatat 
least two wire cable mooring lines (firewarps) are rigged and readyfor 
use as emergency towing hookups fore and aft on the outboard sideof the 
vessel;
    (8) While underway or anchored within the regulated navigationarea, 
ensure that at least two wire cable mooring lines (firewarps)are rigged 
and ready for use as emergency towing hookups fore and afton the vessel; 
and,
    (9) Proceed as directed by the COTP.
    (g) Requirements for vessels operating in the vicinity of avessel 
carrying dangerous cargoes. (1) Except for a vessel that isattending a 
vessel carrying dangerous cargo with permission from themaster of the 
vessel carrying dangerous cargo or a vessel that isanchored or moored at 
a marina, wharf, or pier, and which remainsmoored or at anchor, no 
vessel may, without the permission of theCOTP:
    (i) Come or remain within 500 yards of the port or starboard sideor 
within 1,000 yards of the bow or stern of an underway vessel thatis 
carrying dangerous cargo; or
    (ii) Come or remain within 100 yards of a moored or anchoredvessel 
carrying dangerous cargo.
    (2) The master, owner, or operator of any vessel receivingpermission 
under paragraph (g)(1) of this section shall:
    (i) Maintain a continuous radio guard on VHF-FM channels 13 and16;
    (ii) Operate at ``no wake'' speed or the minimum speedneeded to 
maintain steerage; and
    (iii) Proceed as directed by the COTP.
    (3) No vessel may overtake a vessel carrying dangerous cargoesunless 
the overtaking can be completed before reaching any bend in thechannel. 
Before any overtaking, the pilots, masters or operators ofboth the 
overtaking vessel and the vessel being overtaken must clearlyagree on 
the circumstances of the overtaking, including vessel speeds,time and 
location of overtaking.

[[Page 703]]

    (h) Additional restrictions above the C&D Canal.When operating on 
the Delaware River above the C&D Canal:
    (1) A vessel carrying dangerous cargo must be escorted by at 
leastone commercial tug; and
    (2) Meeting situations shall be avoided on river bends to themaximum 
extent possible.
    (i) The COTP will issue a Broadcast Notice to Mariners to informthe 
marine community of scheduled vessel movements during which 
therestrictions imposed by paragraphs (g) and (h) of this section will 
bein effect.

[CGD 05-96-010, 62 FR 40275, July 28, 1997, asamended by USCG-2000-7223, 
65 FR 40058, June 29, 2000]



Sec. 165.511  Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal,Delaware Bay, Delaware River and its tributaries.

    (a) Location. A 500-yard radius around escorted passengervessels in 
the Captain of the Port, Delaware Bay zone as defined in 33CFR 3.25-05.
    (b) Regulations. (1) All persons are required to comply withthe 
general regulations governing security zones inSec. 165.33 of this 
part.
    (2) All persons or vessels operating at the minimum safe 
speednecessary to maintain navigation may transit within 500 yards of 
anescorted passenger vessel without the permission of the Captain of 
thePort Delaware Bay, PA or designated representative while the 
escortedpassenger vessel is in the Captain of the Port Delaware Bay 
zone.
    (3) No person or vessel may transit or remain within 100 yards ofan 
escorted passenger vessel without the permission of the Captain ofthe 
Port Delaware Bay or designated representative while the passengervessel 
is in the Captain of the Port Philadelphia zone.
    (4) Any person or vessel authorized to enter the security zonemust 
operate in strict conformance with any directions given by theCaptain of 
the Port Delaware Bay or designated representative andleave the security 
zone immediately if the Captain of the PortDelaware Bay or designated 
representative so orders.
    (5) When an escorted passenger vessel approaches within 100 yardsof 
any vessel that is moored or anchored, the stationary vessel muststay 
moored or anchored while it remains within 100 yards of thepassenger 
vessel unless it is either ordered by or given permission bythe Captain 
of the Port, Delaware Bay or designated representative todo otherwise.
    (6) The Coast Guard designated representative enforcing thissection 
can be contacted on VHF Marine Band Radio, channels 13 and 16.The 
Captain of the Port can be contacted at (215) 271-4807.
    (c) Maneuver-restricted vessels. When conditions permit, theCaptain 
of the Port or designated representative should:
    (1) Permit vessels constrained by their navigational draft 
orrestricted in their ability to maneuver to pass within the 100 yardsof 
the passenger vessel in order to ensure safe passage in accordancewith 
the Navigation Rules as seen in 33 CFR chapter I, subchapters Dand E; 
and
    (2) Permit vessels constrained by their navigational draft 
orrestricted in their ability to maneuver that must transit via 
anavigable channel or waterway to pass within 100 yards of an 
anchoredpassenger vessel.
    (d) Definitions. As used in this section--
    Captain of the Port means the Commanding Officer of theCoast Guard 
Sector Delaware Bay or any Coast Guard commissioned,warrant, or petty 
officer who has been authorized by the Captain ofthe Port to act as a 
designated representative on his behalf.
    Escort means assets (surface or air) with the Coast Guardinsignia 
that accompany and protect the escorted vessel, armed withcrew-served 
weapons that are manned and ready.
    Passenger vessels means vessels greater than 100 feet inlength, over 
100 gross tons that are authorized to carry 500 or morepassengers, 
making voyages lasting more than 24 hours, except forferries.

[CGD05-04-047, 69 FR 56697, Sept. 22, 2004]



Sec. 165.512  Safety Zone; Patapsco River, Northwest and Inner Harbors,Baltimore, MD.

    (a) Definitions. For the purposes of this section:

[[Page 704]]

    (1) Captain of the Port, Baltimore, Maryland means theCommander, 
Coast Guard Sector Baltimore or any Coast Guardcommissioned, warrant, or 
petty officer who has been authorized by theCaptain of the Port, 
Baltimore, Maryland to act on his or her behalf.
    (2) USS CONSTELLATION ``turn-around''participants means the USS 
CONSTELLATION, its support craft and theaccompanying towing vessels.
    (b) Location. The following area is a moving safety zone:All waters, 
from surface to bottom, within 200 yards ahead of or 100yards outboard 
or aft of the historic sloop-of-war USS CONSTELLATION,while operating in 
the Inner Harbor, the Northwest Harbor and thePatapsco River.
    (c) Regulations. (1) The general regulations governingsafety zones, 
found in Sec. 165.23, apply to the safety zonedescribed in paragraph 
(b) of this section.
    (2) With the exception of USS CONSTELLATION ``turn-around'' 
participants, entry into or remaining in this zone isprohibited, unless 
authorized by the Captain of the Port, Baltimore,Maryland.
    (3) Persons or vessels requiring entry into or passage through 
themoving safety zone must first request authorization from the 
Captainof the Port, Baltimore, Maryland to seek permission to transit 
thearea. The Captain of the Port, Baltimore, Maryland can be contacted 
attelephone number (410) 576-2693. The Coast Guard vesselsenforcing this 
section can be contacted on Marine Band Radio VHFChannel 16 (156.8 MHz). 
Upon being hailed by a U.S. Coast Guard vesselby siren, radio, flashing 
light, or other means, the person or vesselshall proceed as directed. If 
permission is granted, all persons orvessels must comply with the 
instructions of the Captain of the Port,Baltimore, Maryland, and proceed 
at the minimum speed necessary tomaintain a safe course while within the 
zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the zone by Federal, State and localagencies.
    (e) Enforcement period. This section will be enforced from 2p.m. 
through 7 p.m. local time, annually, on the Friday followingLabor Day.

[CGD05-07-010, 72 FR 34624, June 25, 2007]



Sec. 165.514  Safety Zone: Atlantic Intracoastal Waterway and connecting waters,vicinity of Marine Corps Base Camp Lejeune, North Carolina.

    (a) Location. The following area is a safety zone: Allwaters of the 
Atlantic Intracoastal Waterway (AICW) and connectingwaters, from Bogue 
Sound--New River Daybeacon 58 (LLNR 39210) atapproximate position 
34[deg]37[min]57[sec] North,077[deg]12[min]18[sec] West, and continuing 
in the AICW southwestto Bogue Sound--New River Daybeacon 70 (LLNR 39290) 
atapproximate position 34[deg]33[min]07[sec] 
North,077[deg]20[min]30[sec] West. All coordinates reference Datum: 
NAD1983.
    (b) Regulations. Notwithstanding the provisions of 33 
CFR334.440(e)(2)(i), no vessel may enter the safety zone described 
inparagraph (a) of this section while weapons firing exercises are 
inprogress, except as provided in paragraph (c) of this section orunless 
permitted by the Captain of the Port (COTP) Wilmington.
    (1) Red warning flags or red warning lights will be displayed 
ontowers located at both ends of the safety zone (Bear Creek and 
CedarPoint) while firing exercises are in progress. The flags or 
lightswill be displayed by 8 a.m. on days where firing exercises 
arescheduled, and will be removed at the end of the firing exercise.
    (2) A Coast Guard or U.S. Navy vessel will patrol each end of 
thesafety zone to ensure the public is aware that firing exercises are 
inprogress and that the firing area is clear of vessel traffic 
beforeweapons are fired.
    (c) General information--(1) Announcements. TheCOTP Wilmington will 
announce the specific times and locations offiring exercises by 
Broadcast Notice to Mariners and Local Notice toMariners. Normally, 
weapons firing for each firing exercise is limitedto a two nautical mile 
portion of the safety zone. The COTP may issuegeneral permission to 
transit all or specified parts of the safetyzone outside of the actual 
firing area or if firing is temporarilystopped. This general permission 
will be announced in a Local Noticeto Mariners and Broadcast Notice to 
Mariners.
    (2) Camp Lejeune artillery operations. Artillery weaponsfiring over 
the AICW

[[Page 705]]

from Marine Corps Base Camp Lejeune will besuspended and vessels 
permitted to transit the specified 2-nautical-mile firing area for a 1-
hour period beginning at the start of eachodd-numbered hour local time 
(e.g., 9 a.m.; 1 p.m.). A vessel may notenter the specified firing area 
unless it will be able to complete itstransit of the firing area before 
firing exercises are scheduled tore-start.
    (3) Atlantic Ocean naval gunnery live fire operations. Navalgunnery 
live fire operations over the AICW from off shore on theAtlantic Ocean 
may be conducted for periods not to exceed 4 hours,then suspended and 
vessels permitted to transmit the specified two-mile firing area for a 
minimum of one hour before firing may resume. Avessel may not enter the 
specified firing area unless it will be ableto complete its transit of 
the firing area before firing exercises arescheduled to re-start.
    (d) Contact information. U.S. Navy safety vessels may becontacted on 
VHF marine band radio channels 13 (156.65 MHz) and 16(156.8 MHz). The 
Captain of the Port may be contacted at the MarineSafety Unit 
Wilmington, NC by telephone at 1 (877) 229-0770 or(910) 770-2200.

[CGD 05-98-38, 63 FR 58636, Nov. 2, 1998, asamended by USCG-2000-7223, 
65 FR 40058, June 29, 2000;CGD05-03-167, 69 FR 41946, July 13, 2004]



Sec. 165.515  Safety Zone: Cape Fear River, Wilmington, North Carolina.

    (a) Location. The following area is a safety zone:
    (1) The waters of the Cape Fear River bounded by a line 
connectingthe following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
34[deg]14[min]12[sec] N              77[deg]57[min]10[sec] W
34[deg]14[min]12[sec] N              77[deg]57[min]06[sec] W
34[deg]13[min]54[sec] N              77[deg]57[min]00[sec] W
34[deg]13[min]54[sec] N              77[deg]57[min]06[sec] W
------------------------------------------------------------------------

    (2) The safety zone boundary can be described as follows: startingat 
the stern of the Battleship USS NORTH CAROLINA, across the CapeFear 
River to the north end of the Coast Guard moorings, down alongthe east 
bank of the Cape Fear River to the bow of the tug CAPTAINJOHN TAXIS 
Memorial (Chandler's Wharf), back across the Cape FearRiver to Eagle 
Island, and then up along the west bank of the CapeFear River to the 
stern of the Battleship USS NORTH CAROLINA.
    (b) Definitions. The designated representative of the Captainof the 
Port is any Coast Guard commissioned, warrant, or pettyofficer who has 
been authorized by the Captain of the Port,Wilmington, North Carolina to 
act on his behalf.
    (c) General information. The Captain of the Port and theDuty Officer 
at the Marine Safety Unit, Wilmington, North Carolina,can be contacted 
at telephone number1-800-325-4956. The Coast Guard Patrol Commanderand 
the senior boarding officer on each vessel enforcing the safetyzone can 
be contacted on VHF-FM channels 16 and 81.
    (d) Regulation. Except for persons or vessels authorized bythe Coast 
Guard Patrol Commander, no person or vessel may enter orremain in the 
regulated area.
    (1) The operator of any vessel in the immediate vicinity of 
thissafety zone shall:
    (i) Stop the vessel immediately upon being directed to do so byany 
commissioned, warrant, or petty officer on board a vesseldisplaying a 
Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant, or 
pettyofficer on board a vessel displaying a Coast Guard Ensign.
    (2) Any spectator vessel may anchor outside of the regulated 
areaspecified in paragraph (a) of the section, but may not block 
anavigable channel.
    (e) Effective date. The Captain of the Port will issue aMarine 
Safety Information Broadcast and a Notice to Mariners to notifythe 
public when this section is in effect.

[59 FR 33200, June 28, 1994, as amended byUSCG-2000-7223, 65 FR 40059, 
June 29, 2000]



Sec. 165.518  Security Zone; Waters of the Fifth Coast Guard District.

    (a) Definitions. As used in this section--
    Designated Representative means any U.S. Coast Guardcommissioned, 
warrant or petty officer who has been authorized by theDistrict 
Commander or local Captain of the Port (COTP), as

[[Page 706]]

defined in 33 CFR part 3, subpart 3.25, to act on his or herbehalf.
    Escorted vessel means a vessel, other than a U.S. navalvessel as 
defined in Sec. 165.2015, that is accompanied byone or more Coast Guard 
assets or Federal, State or local lawenforcement agency assets as listed 
below:
    (1) Coast Guard surface or air asset displaying the Coast 
Guardinsignia.
    (2) Coast Guard Auxiliary surface asset displaying the Coast 
GuardAuxiliary insignia.
    (3) State and/or local law enforcement asset displaying 
theapplicable agency markings and or equipment associated with 
theagency.
    State and/or local law enforcement officers means any Stateor local 
government law enforcement officer who has authority toenforce State 
criminal laws.
    (b) Location. The following area is a security zone: 500-yard radius 
around escorted vessels in the navigable waters of theFifth Coast Guard 
District as defined in 33 CFR 3.25-1, fromsurface to bottom.
    (c) Regulations. (1) No vessel may approach within 500 yardsof an 
escorted vessel within the navigable waters of the Fifth CoastGuard 
District, unless traveling at the minimum speed necessary tonavigate 
safely.
    (2) No vessel may enter within a 100-yard radius of an 
escortedvessel within the navigable waters of the Fifth Coast Guard 
District,without approval from the District Commander, Captain of the 
Port ortheir designated representatives.
    (3) Moored or anchored vessels, which are overtaken by a movingzone, 
must remain stationary at their location until the escortedvessel 
maneuvers at least 500 yards past.
    (4) Vessels restricted in their ability to maneuver may 
requestpermission of the District Commander, Captain of the Port 
ordesignated representative to enter the security zone in order toensure 
safe passage in accordance with the Navigation Rules in 33 CFRchapter I, 
subparts D and E.
    (5) The local COTP may notify the maritime and general public 
bymarine information broadcast of the periods during which 
individualsecurity zones have been activated by providing notice in 
accordancewith 33 CFR 165.7.
    (6) When moored, a security zone around an escorted vessel mayalso 
be enforced by Coast Guard, State or Local law enforcementpersonnel 
shoreside.
    (7) Persons desiring to transit within 100 yards of an 
escortedvessel in the Fifth Coast Guard District must contact the 
localCaptain of the Port on VHF channel 16 (156.800 MHz), VHF channel 
13(156.650 MHz) or at telephone numbers:

Philadelphia: (215) 271-4807
Baltimore: (410) 576-2693
Hampton Roads: (757) 668-5555 or (757) 484-8192
Wilmington: (910) 772-2200 or (910) 254-1500

    (8) If permission is granted to transit within 100 yards of 
anescorted vessel, all persons and vessels must comply with 
theinstructions of the District Commander, Captain of the Port or 
theirdesignated representative.

[CGD05-04-171, 70 FR 11551, Mar. 9, 2005]



Sec. 165.530  Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.

    (a) Location. The following area is a moving safety zoneduring the 
specified conditions: The waters of the Cape Fear andNortheast Cape Fear 
Rivers for 500 yards ahead and astern, and 75yards abeam of a vessel 
carrying hazardous materials when designatedby the Captain of the Port 
Wilmington, North Carolina.
    (b) General Information. (1) The Captain of the Port and theDuty 
Officer at the Marine Safety Unit, Wilmington, North Carolina,can be 
contacted at telephone number1-800-325-4956. The Coast Guard Patrol 
Commanderenforcing the safety zone can be contacted on VHF-FM channels 
16 and81.
    (2) The Captain of the Port may authorize and designate any 
CoastGuard commissioned, warrant, or petty officer to act on his behalf 
inenforcing this safety zone.
    (3) The Marine Safety Unit Wilmington will notify the 
maritimecommunity of periods during which this

[[Page 707]]

safety zone will be ineffect by providing advance notice of scheduled 
arrivals anddepartures of loaded hazardous materials vessels via a 
marinebroadcast Notice to Mariners.
    (c) Regulation. The general regulations governing safetyzones 
contained in Sec. 165.23 apply.

[COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19,1994, as amended by 
USCG-2000-7223, 65 FR 40059, June29, 2000]



Sec. 165.535  Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State Park,Delaware.

    (a) Location. The following area is a safety zone: Allwaters of the 
Atlantic Ocean within the area bounded by a line drawnnorth from the tip 
of Cape Henlopen located at latitude38[deg]48.2[min] N, longitude 
75[deg]05.5[min] W, to a pointlocated at latitude 38[deg]49.4[min] N, 
longitude 75[deg]05.5[min]W; thence east to a point located at latitude 
38[deg]49.4[min] N,longitude 75[deg]01.4[min] W; thence south to a point 
located atlatitude 38[deg]43.0[min] N, longitude 75[deg]01.4[min] W; 
thencewest to a point on the shoreline located at 
latitude38[deg]43.0[min] N, longitude 75[deg]04.5[min] W; thence 
northfollowing the shoreline, to a point located at 
latitude38[deg]48.2[min] N, longitude 75[deg]05.5[min] W. All 
coordinaterefer to Datum: NAD 1983.
    (b) Regulation. The general regulations governing safetyzones 
contained in Sec. 165.23 apply. Vessels may not enterthe safety zone 
without first obtaining permission from the Captain ofthe Port (COTP) 
Delaware Bay.
    (c) Dates. This section is enforced annually on the secondSaturday 
in May and the following day.
    (d) General information. (1) Those times during whichhazardous 
conditions exist inside the safety zone will be announced byBroadcast 
Notice to Mariners. General permission to enter the safetyzone will be 
broadcast during non-hazardous times.
    (2) You can gain access to the safety by calling Sector FieldOffice 
Atlantic City command center at telephone number (609)677-2222 and on 
VHF channel 13 or 16.
    (3) The COTP Delaware Bay may authorize and designate any CoastGuard 
commissioned, warrant, or petty officer to act on his behalf inenforcing 
this safety zone.

[CGD05-98-043, 69 FR 28827, May 19, 2004]



Sec. 165.540  Regulated Navigation Area; Cape Fear River, Northeast Cape FearRiver, Wilmington, North Carolina.

    (a) Description of the Regulated Navigation Area (RNA). TheRNA 
encompasses all waters of the Cape Fear River and Northeast CapeFear 
River from the intersection of Bald Head Shoal Channel and SmithIsland 
Channel (centerline coordinates Latitude33[deg]52[min]24.028[sec] N, 
Longitude 78[deg]00[min]29.624[sec]W (NAD 83)) to mile 26.7 on the 
Northeast Cape Fear River.
    (b) Work areas. Dredging work within the RNA will beconducted in 
five distinct areas: Ocean Bar II, Horseshoe Shoal,Passing Lane & 
Anchorage Basin, Big Island, and the NortheastCape Fear River. Drilling 
or blasting is expected to occur within thePassing Lane & Anchorage 
Basin, Big Island, and the NortheastCape Fear River work areas. The 
blast sites within the RNA, will beidentified and made available to the 
public through: Broadcast Noticesto Mariners or Local Notices to 
Mariners (Local Notices to Marinersare available on-line at 
www.navcen.uscg.gov/lnm/d5/); directcontact with the control vessel on 
channel 16 VHF-FM; direct contactwith the contractor; or through the 
Captain of the Port on VHF marineBand Radio, channels 13 and 16; or at 
telephone number (910)772-2200. In addition, dredge and blasting 
companies will havea control vessel present at the site of each blast.
    (c) Enforcement period. This section will be enforced duringthe 
months of August, September, October, November, December, andJanuary, 
each year. This rule will expire on January 31, 2006.
    (d) Definitions. Active work area means a work area inwhich 
blasting, drilling, or dredging operations are currently takingplace.
    Blast site means the area where explosive material ishandled during 
loading, including the perimeter formed by the loadedblast holes and 
fifty (50) feet (15.2 meters) in all directions fromloaded holes.
    Blasting operations means the detonation of explosives onthe river 
bottom.

[[Page 708]]

    Captain of the Port means the Coast Guard officerdesignated by the 
Commandant to command the Captain of the Port Zoneas described in 33 CFR 
3.25-20.
    Control vessel means the vessel at an active work area 
whichcoordinates operations within the active work area.
    Hangfire means a blast that fails to detonate at initiation,but 
detonates at a later time.
    Mile means measured as nautical miles.
    Misfire means a blast that fails to detonate completelyafter an 
attempt at initiation, also the explosive material thatfailed to 
detonate as planned.
    RNA means Regulated Navigation Area.
    Work area means those places within the RNA where dredging,drilling, 
and blasting shall be conducted.
    (e) Description of work areas in the RNA--(1) OceanBar II, mouth of 
Cape Fear. The work area includes: Part of BaldHead Shoal Channel, Smith 
Island Channel, Baldhead Caswell Channel,Southport Channel, Battery 
Island Channel, Lower Swash Channel, andthe majority of Snows Marsh 
Channel. The downstream end of the workarea (centerline coordinates: 
Latitude 33[deg] 50[min]43.668[sec]N, Longitude 78[deg] 
01[min]40.068[sec] W (NAD 1983)) is locatedsoutheast of Cape Fear River 
Channel Lighted Buoy 8 (LL 30350),approximately 2,560 feet east of the 
centerline of the existing BaldHead Shoal Channel. Upstream end of the 
work area is located 1,200feet downstream of the intersection of Snows 
Marsh Channel andHorseshoe Shoal Channel at turn six (mile 6.5, 
approximately 1,150feet downstream of Cape Fear River Channel Lighted 
Buoy 25 (LL30530/39965)).
    (2) Horseshoe Shoal. The work area includes: Horseshoe ShoalChannel 
and part of Snows Marsh Channel. Downstream end of the workarea is 
located 1,200 feet downstream of the intersection of SnowsMarsh Channel 
and Horseshoe Shoal Channel (mile 6.5, approximately1,150 feet 
downstream of Cape Fear River Channel Lighted Buoy 25 (LL30530/39965)). 
Upstream end of the work area is located at theintersection of Horseshoe 
Shoal Channel and Reaves Point Channel (mile7.7, at about Cape Fear 
River Channel Lighted Buoy 27 (LL30550/39945)).
    (3) Big Island. The work area includes: Part of Keg IslandChannel, 
Lower Big Island Channel, Upper Big Island Channel, and partof Lower 
Brunswick Channel. Downstream end of the work area isapproximately 2,230 
feet upstream of the intersection of UpperLilliput Channel and Keg 
Island Channel (mile 16.2, approximately1,320 feet downstream of Cape 
Fear River Channel Lighted Buoy 46 (LL30765) and approximately 2,300 
feet upstream of Cape Fear RiverChannel Lighted Buoy 44 (LL 30750)). 
Upstream end of the work area isapproximately 2,680 feet upstream of 
intersection of Upper Big IslandChannel and Lower Brunswick Channel 
(mile 18.7, approximately 1,620feet upstream of Cape Fear River Channel 
Lighted Buoy 56 (LL 30830)and approximately 590 feet downstream of the 
Carolina Power &Light Company (CP&L) overhead power line crossing).
    (4) Passing Lane and Anchorage Basin. There are two separatework 
areas for this contract, separated by the Big Island Contract.
    (i) Passing Lane work area is located immediately downstream ofthe 
Big Island contract work area. The work area includes: ReavesPoint 
Channel, Lower Midnight Channel, Upper Midnight Channel,Lilliput 
Channel, and part of Keg Island Channel. Downstream end ofPassing Lane 
work area is the intersection of Horseshoe Shoal Channeland Reaves Point 
Channel (mile 7.7, at about Cape Fear River ChannelLighted Buoy 27 (LL 
30550/39945)). Upstream end of the Passing Lanework area is 
approximately 2,230 feet upstream of intersection ofUpper Lilliput 
Channel and Keg Island Channel (mile 16.2,approximately 1,320 feet 
downstream of Cape Fear River Channel LightedBuoy 46 (LL 30765) and 
approximately 2,300 feet upstream of Cape FearRiver Channel Lighted Buoy 
44 (LL 30750)).
    (ii) Anchorage Basin work area is located immediately upstream ofthe 
Big Island contract work area. The work area includes: Part ofLower 
Brunswick Channel, Fourth East Jetty Channel, Between Channel,and 
Anchorage Basin Channel. Downstream end of Anchorage Basin workarea is 
approximately

[[Page 709]]

2,680 feet upstream of intersection ofUpper Big Island Channel and Lower 
Brunswick Channel (mile 18.7,approximately 1,620 feet upstream of Cape 
Fear River Channel LightedBuoy 56 (LL 30830) and approximately 590 feet 
downstream of theCP&L overhead power line crossing). Upstream end of 
AnchorageBasin work area is the Cape Fear Memorial Bridge (mile 23.6).
    (5) Northeast Cape Fear River. The downstream end of thework area is 
the Cape Fear Memorial Bridge (mile 23.6). Upstream endof the work area 
(approximately mile 26.7) is on the Northeast CapeFear River and is 
approximately 700 feet upstream of the turning basinlocated opposite 
Koch Sulfur Products Co. and approximately 90 feetdownstream of the 
submerged gas pipeline crossing.
    (f) Regulations. (1) Blasting, drilling, and dredgingoperations 
raise many safety issues for vessels transiting the RNA.All mariners are 
reminded to exercise caution while transiting oroperating in the RNA.
    (2) Active work areas, control vessels, and blast sites will 
beidentified via Broadcast Notices to Mariners or Local Notices 
toMariners. The Local Notice to Mariners is available on-line 
atwww.navcen.uscg.gov/lnm/d5/. Control vessels shall monitorchannel 16 
VHF-FM.
    (3) The following requirements apply to all vessels.
    (i) All vessels shall inform themselves of the active work 
areasprior to entering the RNA.
    (ii) All vessels shall contact and receive permission from 
thecontrol vessel for that work area before entering the active 
workarea.
    (iii) All vessels transiting an active work area shall do so at 
nowake speed or the minimum speed necessary to maintain steerage.
    (iv) During blasting operations all vessels are prohibited 
fromentering an area of 500 yards surrounding the blast site. 
Uponnotification of a misfire or hangfire, all vessels underway in the 
RNAshall proceed to clear the active work area in which the misfire 
orhangfire occurred.
    (4) Vessels over 300 gross tons and tugs with tows are required 
tocontact the COTP 12 hours before vessel movement within the RNA.
    (5) Vessels meeting the notice of arrival requirements under 33CFR 
160.207 are encouraged to notify the COTP at least 48-hours beforethe 
vessel enters the RNA to facilitate scheduling and minimizedelays. 
Updates are encouraged at least 12 hours before arriving atthe RNA 
boundaries. The COTP may delay entry into the RNA toaccommodate other 
commercial traffic.
    (6) Vessels of 300 gross tons or greater shall be prohibited 
fromentering the RNA when they are advised that a misfire or hangfire 
hasoccurred.
    (7) For any vessel with another vessel/barge in tow transiting 
anactive work area, the hawser or wire length of the tow shall notexceed 
275 feet, measured from the towing bit on the tug to the pointwhere the 
hawser or wire connects with the towed vessel or barge.
    (8) Vessels of 300 gross tons or greater and tugs with tows,shall, 
prior to entering the RNA, ensure that they have sufficientpropulsion 
and directional control to safely navigate the RNA underthe prevailing 
conditions.
    (9) Vessels of 300 gross tons or greater and tugs with tows 
areprohibited from meeting or overtaking vessels of 300 gross tons 
orgreater or tugs with tows in active work areas or within one 
nauticalmile of an active work area.
    (10) The Captain of the Port, Wilmington may, upon writtenrequest, 
authorize a deviation from any regulation in this section ifit is found 
that the proposed operations can be done safely. Anapplication for 
deviation must be received not less than 48 hoursbefore intended 
operation and must state the need and describe theproposal.

[CGD05-01-006, 66 FR 39099, July 27, 2001]



Sec. 165.552  Security Zone; Oyster Creek Generation Station, Forked River,Ocean County, New Jersey.

    (a) Location. The following area is a security zone:Starting at the 
south branch of the Forked River in the vicinity ofthe Oyster Creek 
Generation Station, bounded by a line beginning 
at39[deg]49[min]12.0[sec] N, 074[deg]12[min]13.0[sec] W; thence 
to39[deg]48[min]39.7[sec] N, 074[deg]12[min]0[sec] W; along 
theshoreline, thence to 39[deg]48[min]40.0[sec] N,

[[Page 710]]

074[deg]12[min]0.3[sec] W; thence to39[deg]49[min]11.8[sec] N, 
074[deg]12[min]10.5[sec] W; thenceback along the shoreline to the 
beginning point. All coordinatesreference Datum: NAD 1983.
    (b) Regulations. (1) All persons are required to comply withthe 
general regulations governing security zones inSec. 165.33 of this 
part.
    (2) No person or vessel may enter or navigate within this 
securityzone unless authorized to do so by the Coast Guard or 
designatedrepresentative. Any person or vessel authorized to enter the 
securityzones must operate in strict conformance with any directions 
given bythe Coast Guard or designated representative and leave the 
securityzone immediately if the Coast Guard or designated representative 
soorders.
    (3) The Coast Guard or designated representative enforcing 
thissection can be contacted on VHF Marine Band Radio, channels 13 and 
16.The Captain of the Port can be contacted at (215) 271-4807.
    (4) The Captain of the Port will notify the public of any changesin 
the status of this security zone by Marine Safety Radio Broadcaston VHF-
FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definitions. For the purposes of this section,Captain of the 
Port means the Commanding Officer of the CoastGuard Sector Delaware Bay, 
or any Coast Guard commissioned, warrant,or petty officer who has been 
authorized by the Captain of the Port toact as a designated 
representative on his behalf.

[CGD05-03-111, 69 FR 5284, Feb. 4, 2004]



Sec. 165.553  Security Zone; Salem and Hope Creek Generation Stations, DelawareRiver, Salem County, New Jersey.

    (a) Location. The following area is a security zone: thewaters of 
the Delaware River in the vicinity of the Salem and HopeCreek Generation 
Stations bounded by a line drawn from a point locatedat 
39[deg]28[min]08.0[sec] N, 075[deg]32[min]31.7[sec] W 
to39[deg]28[min]06.5[sec] N, 075[deg]32[min]47.4[sec] W, thence 
to39[deg]27[min]28.4[sec] N, 075[deg]32[min]15.8[sec] W, thence 
to39[deg]27[min]28.8[sec] N, 075[deg]31[min]56.6[sec] W, thence 
to39[deg]27[min]39.9[sec] N, 075[deg]31[min]51.6[sec] W, thencealong the 
shoreline to the point of 39[deg]28[min]08.0[sec] 
N,075[deg]32[min]31.7[sec] W. All coordinates reference Datum: NAD1983.
    (b) Regulations. (1) All persons are required to comply withthe 
general regulations governing security zones inSec. 165.33 of this 
part.
    (2) No person or vessel may enter or navigate within this 
securityzone unless authorized to do so by the Coast Guard or 
designatedrepresentative. Any person or vessel authorized to enter the 
securityzones must operate in strict conformance with any directions 
given bythe Coast Guard or designated representative and leave the 
securityzone immediately if the Coast Guard or designated representative 
soorders.
    (3) The Coast Guard or designated representative enforcing 
thissection can be contacted on VHF Marine Band Radio, channels 13 and 
16.The Captain of the Port can be contacted at (215) 271-4807.
    (4) The Captain of the Port will notify the public of any changesin 
the status of this security zone by Marine Safety Radio Broadcaston VHF-
FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definitions. For the purposes of this section,Captain of the 
Port means the Commanding Officer of the CoastGuard Sector Delaware Bay, 
or any Coast Guard commissioned, warrant,or petty officer who has been 
authorized by the Captain of the Port toact as a designated 
representative on his behalf.

[CGD05-03-113, 69 FR 5279, Feb. 4, 2004]



Sec. 165.554  Security Zone; Three Mile Island Generating Station, SusquehannaRiver, Dauphin County, Pennsylvania.

    (a) Location. The following area is a security zone: thewaters of 
the Susquehanna River in the vicinity of the Three MileIsland Generating 
Station bounded by a line beginning at40[deg]09[min]14.74[sec] N, 
076[deg]43[min]40.77[sec] W; thenceto 40[deg]09[min]14.74[sec] N, 
076[deg]43[min]42.22[sec] W,thence to 40[deg]09[min]16.67[sec] N, 
076[deg]43[min]42.22[sec]W, thence to 40[deg]09[min]16.67[sec] 
N,076[deg]43[min]40.77[sec] W; thence back to the beginning 
point40[deg]09[min]14.74[sec] N, 076[deg]43[min]40.77[sec] W. 
Allcoordinates reference Datum: NAD 1983.

[[Page 711]]

    (b) Regulations. (1) All persons are required to complywith the 
general regulations governing security zones inSec. 165.33 of this 
part.
    (2) No person or vessel may enter or navigate within this 
securityzone unless authorized to do so by the Coast Guard or 
designatedrepresentative. Any person or vessel authorized to enter the 
securityzone must operate in strict conformance with any directions 
given bythe Coast Guard or designated representative and leave the 
securityzone immediately if the Coast Guard or designated representative 
soorders.
    (3) The Coast Guard or designated representative enforcing 
thissection can be contacted on VHF Marine Band Radio, channels 13 and 
16.The Captain of the Port can be contacted at (215) 271-4807. 
TheSecurity Manager at Three Mile Island can be contacted at (717)948-
8208 or (717) 948-8039.
    (4) The Captain of the Port will notify the public of any changesin 
the status of this security zone by Marine Safety Radio Broadcaston VHF-
FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definitions. For the purposes of this section,Captain of the 
Port means the Commanding Officer of the CoastGuard Sector Delaware Bay, 
Coast Guard commissioned, warrant, or pettyofficer who has been 
authorized by the Captain of the Port to act as adesignated 
representative on his behalf.

[CGD05-03-116, 69 FR 46103, Aug. 2, 2004]



Sec. 165.555  Safety Zone; Delaware River.

    (a) Definition. As used in this section, Captain of the Portmeans 
the Commander of Sector Delaware Bay or any Coast Guardcommissioned, 
warrant or petty officer who has been authorized by theCaptain of the 
Port to act on his behalf. The Captain of the Port maybe contacted by 
telephone at (215) 271-4807 or via VHF marineband radio, channel 16.
    (b) Location. The following area is a safety zone: Allwaters located 
within a 150-yard radius around the dredging operationand barge, 
conducting dredging operations in or near the Marcus HookRange in the 
vicinity of Anchorage 7.
    (c) Enforcement. This safety zone will be enforced annuallybeginning 
on September 1 through December 31.
    (d) Regulations. (1) All persons are required to comply withthe 
general regulations governing safety zones in 33 CFR 165.23 ofthis part.
    (2) All Coast Guard vessels enforcing this safety zone or 
watchofficers aboard the Dredge and Barge can be contacted on VHF 
marineband radio, channel 16. The Captain of the Port may be contacted 
bytelephone at (215) 271-4807 or via VHF marine band radio,channel 16.

[CGD05-04-035, 70 FR 40887, July 15, 2005]

                      Seventh Coast Guard District



Sec. 165.701  Vicinity, Kennedy Space Center, Merritt Island,Florida--security zone.

    (a) The water, land, and land and water within the 
followingboundaries are a security zone--The perimeter of the 
CapeCanaveral Barge Canal and the Banana River at 
28[deg]24[min]33[sec]N., 80[deg]39[min]48[sec] W.; then due west along 
the northernshoreline of the barge canal for 1,300 yards; then due north 
to28[deg]28[min]42[sec] N., 80[deg]40[min]30[sec] W., on MerrittIsland. 
From this position, the line proceeds irregularly to theeastern 
shoreline of the Indian River to a position 1,300 yards southof the NASA 
Causeway at 28[deg]30[min]54[sec] N.,80[deg]43[min]42[sec] W. (the line 
from the barge canal to theeastern shoreline of the Indian River is 
marked by a three-strandbarbed-wire fence), then north along the 
shoreline of the Indian Riverto the NASA Causeway at 
28[deg]31[min]30[sec] N.,80[deg]43[min]48[sec] W. The line continues 
west on the southernshoreline of the NASA Causeway to NASA Gate 3 
(permanent), then northto the northern shoreline of the NASA Causeway 
and east on thenorthern shoreline of the causeway back to the shoreline 
on MerrittIsland at position 28[deg]31[min]36[sec] 
N.,80[deg]43[min]42[sec] W., then northwest along the shoreline 
to28[deg]41[min]01.2[sec] N., 80[deg]47[min]10.2[sec] W.(Blackpoint); 
then due north to channel marker 6 on theIntracoastal Waterway 
(ICW), then northeast along the southern edge ofthe ICW to the western 
entrance to the Haulover Canal. From thispoint, the line continues 
northeast along the southern edge of theHaulover Canal to the eastern 
entrance to the canal; then due east toa point in the Atlantic Ocean 3 
miles offshore at28[deg]44[min]42[sec] N., 80[deg]37[min]51[sec] W.; 
then

[[Page 712]]

south along a line 3 miles from the coast to Wreck Buoy``WR6'', then to 
Port Canaveral Channel Lighted Buoy 10,then west along the northern edge 
of the Port Canaveral Channel to thenortheast corner of the intersection 
of the Cape Canaveral Barge Canaland the ICW in the Banana River at 
28[deg]24[min]36[sec] N.,80[deg]38[min]42[sec] W. The line continues 
north along the eastside of the Intracoastal Waterway to daymarker 
`35'thence North Westerly one quarter of a mile south of NASA 
CausewayEast (Orsino Causeway) to the shoreline on Merritt Island at 
position28[deg]30.95[min] N., 80[deg]37.6[min] W., then south along 
theshoreline to the starting point.
    (b) The area described in paragraph (a) of this section is closedto 
all vessels and persons, except those vessels and personsauthorized by 
the Commander, Seventh Coast Guard District, or the COTPJacksonville, 
Florida, whenever space vehicles are to be launched bythe United States 
Government from Cape Canaveral.
    (c) COTP Jacksonville, Florida, closes the security zone, orspecific 
portions of it, by means of locally promulgated notices. Theclosing of 
the area is signified by the display of a red ball from a90-foot pole 
near the shoreline at approximately28[deg]35[min]00[sec] N., 
80[deg]34[min]36[sec] W., and from a90-foot pole near the shoreline at 
approximately28[deg]25[min]18[sec] N., 80[deg]35[min]00[sec] W. 
AppropriateLocal Notices to Mariners will also be broadcast on 2670 KHZ.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCGD 7-82-10, 48 FR 
11696, Mar. 21, 1983;USCG-1998-3799, 63 FR 35532, June 30, 1998]



Sec. 165.703  Tampa Bay, Florida--Safety Zone.

    (a) A floating safety zone is established consisting of an area1000 
yards fore and aft of a loaded anhydrous ammonia vessel and thewidth of 
the channel in the following areas:
    (1) For inbound tank vessels loaded with anhydrous ammonia, TampaBay 
Cut ``F'' Channel from Lighted Buoys``3F'' and ``4F'' north through and 
includingGadsden Point Cut Lighted Buoy ``3'' and commencing atGadsden 
Point Cut Lighted Buoys ``7'' and``8'' north and including Hillsborough 
Cut``C'' Channel.
    (i) For vessels bound for R. E. Knight Pier at Hookers Point 
thesafety zone includes, in addition to the area in paragraph (a)(1) 
ofthis section, Hillsborough Cut ``D'' Channel to thesouthern tip of 
Harbor Island.
    (ii) For vessels bound for the anhydrous ammonia receivingterminals 
to Port Sutton the safety zone includes, in addition to thearea in 
paragraph (a)(1) of this section, Port Sutton Channel.
    (2) For outbound tank vessels loaded with anhydrous ammonia 
thesafety zone is established when the vessel departs the 
receivingterminal and continues through the area described in paragraph 
(a)(1)of this section.
    (3) The floating safety zone is disestablished when the 
anhydrousammonia carrier is safely moored at the anhydrous ammonia 
receivingfacility.
    (b) All vessels over 5000 gross tons intending to pass 
anhydrousammonia vessels moored in Port Sutton, and all vessels 
intending tomoor in the R. E. Knight facilities at Hookers Point while 
ananhydrous ammonia vessel is moored in this facility, must give 
30minutes notice to the anhydrous ammonia vessel so it may 
takeappropriate safety precautions.
    (c) The general regulations governing safety zones contained inSec. 
165.23 apply.
    (d) The Sector St. Petersburg will notify the maritime communityof 
periods during which these safety zones will be in effect byproviding 
advance notice of scheduled arrivals and departures ofloaded anhydrous 
ammonia vessels via a marine broadcast Notice toMariners.
    (e) Should the actual time of entry of the anhydrous ammoniavessel 
into the safety zone vary more than one half hour from thescheduled time 
stated in the broadcast Notice to Mariners, the persondirecting the 
movement of the anhydrous ammonia vessel shall obtainpermission from 
Captain of the Port Tampa before commencing thetransit.
    (f) Prior to commencing the movement, the person directing 
themovement of the anhydrous ammonia vessel shall make a 
securitybroadcast to advise mariners of the intended transit. All 
additionalsecurity broadcasts as recommended by the U.S. Coast Pilot 5,

[[Page 713]]

ATLANTIC COAST shall be made through the transit.
    (g) Vessels carrying anhydrous ammonia are permitted to enter 
andtransit Tampa and Hillsborough Bay and approaches only with a 
minimumof three miles visibility.
    (h) The Captain of the Port Tampa may waive any of therequirements 
of this subpart for any vessel upon finding that thevessel or class of 
vessel, operational conditions, or othercircumstances are such that 
application of this subpart is unnecessaryor impractical for purposes of 
port safety or environmental safety.
    (i) The owner, master, agent or person in charge of a vessel 
orbarge, loaded with anhydrous ammonia shall report the 
followinginformation to the Captain of the Port, Tampa at least twenty-
fourhours before entering Tampa Bay or its approaches or departing 
fromTampa Bay:
    (1) Name and country of registry of the vessel or barge;
    (2) The name of the port or place of departure;
    (3) The name of the port or place of destination:
    (4) The estimated time that the vessel is expected to begin 
itstransit of Tampa Bay and the time it is expected to commence 
itstransit of the safety zone.
    (5) The cargo carried and amount.

[CGD7-85-32, 51 FR 28382, Aug. 7, 1986 asamended by CGD07-87-07, 52 FR 
31763, Aug. 24, 1987; 65FR 9221, Feb. 24, 2000]



Sec. 165.704  Safety Zone; Tampa Bay, Florida.

    (a) A floating safety zone is established consisting of an area1000 
yards fore and aft of a loaded Liquefied Petroleum Gas (LPG)vessel and 
the width of the channel in the following areas. Anyvessels desiring to 
enter the safety zone must obtain authorizationfrom the Captain of the 
Port St. Petersburg.
    (1) For vessels loaded with LPG and bound for the LPG 
receivingterminal in Port Sutton the safety zone starts at Tampa Bay 
Cut``F'' Channel from Lighted Buoys ``3F'' and``4F'' and proceeds north 
ending at Gadsden Point CutLighted Buoys ``3'' and ``4''. The safety 
zonestarts again at Gadsden Point Cut Lighted Buoys ``7'' and``8'' and 
proceeds north through Hillsborough Cut``C'', Port Sutton Entrance 
Channel, and ends at the PortSutton LPG facility.
    (2) For vessels loaded with LPG and bound for the LPG 
receivingterminal in Rattlesnake the safety zone starts at Tampa Bay 
Cut``J'' Channel from lighted buoy ``10J'' andproceeds north through 
Tampa Bay Cut ``K'' Channel to buoy``11K.'' When a loaded LPG vessel 
departs the markedchannel at Tampa Bay Cut ``K'' buoy ``11K''enroute to 
Rattlesnake, Tampa, FL, the floating safety zone extends500 yards in all 
directions surrounding the loaded LPG vessel, untilit arrives at the 
entrance to Rattlesnake. While the loaded LPG vesselis maneuvering in 
the Rattlesnake slip and until it is safely mooredat the LPG facility, 
the floating safety zone extends 150 feet foreand aft of the loaded LPG 
vessel and the width of the slip. Mooredvessels are allowed within the 
parameters of the 150-foot safety zone.
    (b) The floating safety zone is disestablished when the LPGcarrier 
is safely moored at the LPG receiving facility.
    (c) For outbound tank vessels loaded with LPG, the safety zone 
isestablished when the vessel departs the terminal and continues 
throughthe area described in paragraph (a) of this section.
    (d) All vessels over 5000 gross tons intending to pass LPG 
vesselsmoored in Port Sutton, and all vessels intending to pass LPG 
vesselsmoored in Rattlesnake, must give 30 minutes notice to the LPG 
vesselso it may take appropriate safety precautions.
    (e) The general regulations governing safety zones contained inSec. 
165.23 apply.
    (f) The Coast Guard Captain of the Port St. Petersburg will 
notifythe maritime community of periods during which these safety zones 
willbe in effect by providing advance notice of scheduled arrivals 
anddepartures of loaded LPG vessels via a marine broadcast Notice 
toMariners.
    (g) Should the actual time of entry of the LPG vessel into thesafety 
zone vary more than one half (\1/2\) hour from

[[Page 714]]

thescheduled time stated in the broadcast Notice to Mariners, the 
persondirecting the movement of the LPG vessel shall obtain permission 
fromCaptain of the Port St. Petersburg before commencing the transit.
    (h) Prior to commencing the movement, the person directing 
themovement of the LPG vessel shall make a security broadcast to 
advisemariners of the intended transit. All additional security 
broadcastsas recommended by the U.S. Coast Pilot 5, ATLANTIC COAST, 
shall bemade throughout the transit.
    (i) Vessels carrying LPG are permitted to enter and transit TampaBay 
and Hillsborough Bay and approaches only with a minimum of threemiles 
visibility.
    (j) The Captain of the Port St. Petersburg may waive any of 
therequirements of this subpart for any vessel upon finding that 
thevessel or class of vessel, operational conditions, or 
othercircumstances are such that application of this subpart is 
unnecessaryor impractical for purposes of port safety or environmental 
safety.
    (k) The owner, master, agent or person in charge of a vessel 
orbarge, loaded with LPG shall report, at a minimum, the 
followinginformation to the Captain of the Port St. Petersburg at least 
twenty-four (24) hours before entering Tampa Bay, its approaches, 
ordeparting Tampa Bay:
    (1) The name and country of registry of the vessel or barge;
    (2) The name of the port or place of departure;
    (3) The name of the port or place of destination;
    (4) The estimated time that the vessel is expected to begin 
itstransit of Tampa Bay and the time it is expected to commence 
itstransit of the safety zone(s); and
    (5) The cargo carried and amount.

[COTP Tampa 00-054, 66 FR 14489, Mar. 13, 2001]



Sec. 165.T0704  Safety Zone: Savannah River, Savannah, Georgia.

    (a) Location. The following area is a safety zone: Twohundred foot 
radius around Garden City Terminal, approximate position32 degrees 8 
minutes, N, 81 degrees 9.5 minutes W, and around allcargo ships loaded 
with military equipment and transiting the SavannahRiver.
    (b) Effective dates. This regulation becomes effective at 12p.m. 14 
December 1990 until terminated by the Captain of the Port,Savannah, GA.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into the zone is subjectto the following 
requirements.
    (1) All persons and vessels in the vicinity of the safety zoneshall 
immediately obey any direction or order of the Captain of thePort or a 
representative of the Captain of the Port.
    (2) The ``representative of the Captain of the Port''is any Coast 
Guard commissioned, warrant or petty officer who has beendesignated by 
the Captain of the Port, Savannah, GA to act on hisbehalf. A 
representative of the Captain of the Port may be contactedon board any 
Coast Guard vessel assigned to enforce the safety zone.
    (3) Before entering the safety zone, a vessel operator shallcontact 
the Captain of the Port or a representative of the Captain ofthe Port to 
determine what restrictions, if any, have been imposed onvessels in the 
safety zone. The Captain of the Port may be contactedby telephone via 
the Command Duty Officer at (912) 944-4371.Coast Guard vessels assisting 
in the enforcement of the safety zonemay be contacted on VHF-FM channels 
13 or 16, or vessel operators maydetermine restrictions in effect for 
the safety zone by comingalongside a Coast Guard vessel patrolling the 
perimeter of the safetyzone.
    (4) The Captain of the Port will issue a Marine Safety 
InformationBroadcast Notice to Mariners to Notify the maritime community 
of thesafety zone and restrictions imposed.

[Reg. 90-129, 55 FR 52272, Dec. 21, 1990]

    Effective Date Note: At 55 FR 52272, Dec. 21, 1990,Sec. 165.T0704 
was added. This is an emergency temporaryrule and will remain in effect 
until terminated by the Captain of thePort Savannah, GA.



Sec. 165.705  Port Canaveral Harbor, Cape Canaveral, Florida.

    (a) Security Zone A--East (Trident) Basin, Port CanaveralHarbor, at 
Cape Canaveral Air Force Station, Brevard

[[Page 715]]

County,Florida. All waters of the East Basin north of 
latitude28[deg]24[min]36[sec] N.
    (b) Security Zone B--Middle Basin, Port Canaveral Harbor,adjacent to 
the Navy wharf at Cape Canaveral Air Force Station,Brevard County, 
Florida. The waters of Port Canaveral Harbor within aline circumscribing 
the water approaches to the Navy wharf along thenortheasterly edge of 
the Port Canaveral Harbor turning basin at adistance of 200 feet from 
all portions of the wharf including thedolphins located 200 feet off the 
northwest end and 75 feet off thesoutheast end of the wharf.
    (c) Entrance into these zones by vessels other than vessels ownedor 
leased by the United States is prohibited without permission of 
theCaptain of the Port, Jacksonville, Florida.
    (d) The general regulations governing security zones contained in33 
CFR 165.33 apply.

[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD787-38, 54 FR 611, Jan. 9, 
1989; CGD7 89-21, 54 FR 26198,June 22, 1989]



Sec. 165.708  Safety/Security Zone; Charleston Harbor and Cooper River,Charleston, SC.

    (a) Regulated Area. The following boundaries are establishedas a 
safety and security zone during specified conditions:
    (1) All waters 200 yards ahead and astern and 100 yards to eachside 
of a vessel transporting nuclear materials while the vesseltransits from 
Charleston Harbor Entrance Buoy ``C'' (LLNR1885, position 32-39.6N, 079-
40.9W) to the CharlestonNaval Weapons Station (position 32-55.4N, 079-
56.0W) onthe Cooper River. All coordinates referenced use datum: NAD 
1983.
    (2) All waters within 100 yards of the vessel described inparagraph 
(a)(1) of this section while the vessel is conducting cargooperations at 
the Charleston Naval Weapons Station.
    (b) Captain of the Port Charleston will announce the activation 
ofthe safety/security zones described in paragraph (a) of this sectionby 
Broadcast Notice to Mariners. The general regulations governingsafety 
and security zones contained in Sec. Sec. 165.23and 165.33 apply.

[COTP Charleston 96-034, 61 FR 68156, Dec. 27, 1996]



Sec. 165.709  Security Zone; Charleston Harbor, Cooper River, South Carolina.

    (a) Regulated area. The Coast Guard is establishing a fixedsecurity 
zone on all waters of the Cooper River, bank-to-bank andsurface to 
bottom, from the Don Holt I-526 Bridge to theintersection of Foster 
Creek at a line on 32 degrees 58 minutes NorthLatitude.
    (b) Enforcement period. This section will be enforced whensecurity 
assets are on scene and Sector Charleston has notified themaritime 
community that an Enforcement Period is in effect. SectorCharleston will 
notify the maritime community by broadcast notice tomariners on VHF 
Marine Band Radio, Channel 16 (156.8 MHz), or MarineSafety Information 
Bulletins, or actual notice from on scene securityassets enforcing the 
security zone.
    (c) Regulations. During enforcement of the security zonedescribed in 
paragraph (a) of this section, vessels or persons areprohibited from 
entering, transiting, mooring, anchoring, or loiteringwithin the 
security zone unless authorized by the Captain of the PortCharleston, 
South Carolina or his or her designated representative.
    (1) Persons desiring to transit the Regulated Area may contact 
theCaptain of the Port via VHF-FM channel 16 or by telephone at 
(843)720-3240 and request permission to transit the security zone.
    (2) If permission to transit the security zone is granted, 
allpersons and vessels must comply with the instructions of the 
Captainof the Port or his or her designated representative.

[COTP Charleston 05-037, 70 FR 43282, July 27, 2005]



Sec. 165.711  Safety Zone: Port Everglades, Fort Lauderdale, FL.

    (a) Regulated Area. A moving safety zone is established inthe 
following area:
    (1) The waters around naval aircraft carriers entering 
PortEverglades in an area 700 yards forward, 500 yards astern

[[Page 716]]

and 350yards on either side of each vessel, beginning at the Port 
EvergladesSea Buoy in approximate position 26[deg]05.5[min] 
N,80[deg]04.8[min] W and continuing until the vessel is safely mooredin 
approximate position 26[deg]04.9[min] N, 80[deg]06.9[min] W.All 
coordinates referenced use datum: NAD 83.
    (2) The waters around naval aircraft carriers departing 
PortEverglades in an area 700 yards forward, 500 yards astern and 
350yards on either side of each vessel beginning at the Pier 
inapproximate position 26[deg]04.9[min]N, 80[deg]06.9[min]W, 
andcontinuing until the stern passes the Port Everglades Sea Buoy, 
inapproximate position 26[deg]05.5[min] N, 80[deg]04.8[min] W. 
Allcoordinates referenced use datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transit,or 
remain in the safety zone unless authorized by the Captain of thePort, 
Miami, Florida, or a Coast Guard commissioned, warrant, or pettyofficer 
designated by him.
    (2) Vessels encountering emergencies which require transit 
throughthe moving safety zone should contact the Coast Guard patrol 
craft onVHF Channel 16. In the event of an emergency, the Coast Guard 
patrolcraft may authorize a vessel to transit through the safety zone 
with aCoast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions ofon-
scene patrol personnel. On-scene patrol personnel includecommissioned, 
warrant, or petty officers of the U.S. Coast Guard.Coast Guard Auxiliary 
and local or state officials may be present toinform vessel operators of 
this regulation and other applicable laws.

[COTP MIAMI 96-054, 62 FR 32201, June 13, 1997]



Sec. 165.714  Regulated Navigation Area; Atlantic Ocean, Charleston, SC.

    (a) Location. The following area is a Regulated NavigationArea: A 
trapezoid at the water surface, and the entire water columnfrom surface 
to seabed inclusive of the vessel, bounded by thefollowing four 
coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Western boundary............  32[deg]42[min]56[sec  79[deg]47[min]34[sec
                               ]N                    ] W
Southern boundary...........  32[deg]42[min]32[sec  79[deg]46[min]42[sec
                               ]N                    ] W
Eastern boundary............  32[deg]43[min]26[sec  79[deg]45[min]27[sec
                               ]N                    ] W
Northern boundary...........  32[deg]43[min]56[sec  79[deg]46[min]08[sec
                               ]N                    ] W
------------------------------------------------------------------------

    (NAD 83)
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.23 of this part, all vessels and persons areprohibited from 
anchoring, diving, laying cable or conducting salvageoperations in this 
zone except as authorized by the Captain of thePort.

[CGD 07-95-054, 60 FR 45047, Aug. 30, 1995]



Sec. 165.720  Safety/Security Zone: St. Johns River, Jacksonville, FL.

    (a) Location. The water and the land within the followingboundaries 
are established as a safety and security zone duringspecified 
conditions:
    (1) All waters within 200 yards of Blount Island, 
Jacksonville,Florida and all adjacent land within 100 yards of the 
island shorelineduring staging of Department of Defense equipment and 
during theloading/unloading of military supply vessels.
    (2) All waters within 200 yards of ``any'' waterfrontfacility at 
which a laden military vessel is located and all land atthe facility, 
including docks and piers, within 100 yards of the St.Johns River.
    (3) All waters within 200 yards of any specified military 
supplyvessel during its transit of the St. Johns River and out to three 
(3)nautical miles offshore.
    (b) Regulations. (1) For public notice, the zone describedin 
paragraph (a)(1) of this section is effective beginning 11 December1990 
and will remain in force until cancelled by the Captain of thePort 
Jacksonville, Florida.
    (2) The COTP Jacksonville may activate, as necessary, any portionof 
the safety/security zone described in paragraphs (a)(2) and (a)(3)of 
this section by means of locally promulgated broadcast notice 
tomariners. Once implemented, neither overtaking nor meeting 
situationswill be allowed during specified vessel transits.
    (3) In accordance with the general regulations governing safetyand 
security zones contained in 33 CFR 165.23

[[Page 717]]

and 165.33 of thispart, entry into any portion of the described zone is 
prohibitedunless authorized by the Captain of the Port Jacksonville, 
Florida.
    (4) This regulation does not apply to authorized law 
enforcementagencies operating within the safety/security zone.

[COTP Jacksonville, FL Reg. 90-124, 55 FR 51700, Dec.17, 1990]



Sec. 165.721  Safety Zone: St. Johns River, Jacksonville, FL.

    (a) Location. The following area is established as a safetyzone 
during the specified conditions: The waters within a 500 yardradius of 
the fireworks barge or barges during the storage,preparation, and 
launching of fireworks in the St. Johns River betweenthe Hart and Acosta 
Bridges.
    (b) Effective dates. This section becomes effective uponactivation 
by the Captain of the Port by the broadcasting of a localNotice to 
Mariners on appropriate VHF-FM radio frequencies. Itterminates at the 
conclusion of the fireworks display unlessterminated earlier by the 
Captain of the Port.
    (c) Regulations. (1) In accordance with the generalregulations in 
165.23 of this part, anchoring, mooring or transitingin this zone is 
prohibited unless authorized by the Captain of thePort or District 
Commander.
    (2) This regulation does not apply to authorized law 
enforcementagencies operating within the Safety Zone.

[COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8,1994]



Sec. 165.722  Security Zone: St. Johns River, Jacksonville, Florida.

    (a) Location. The water located within the following area 
isestablished as a security zone: beginning at the shoreline of the 
St.Johns River at the northernmost property line of Naval Air 
StationJacksonville next to Timuquana Country Club, 
at30[deg]14[min]39.5[sec] N, 81[deg]40[min]45[sec] W; 
thencenortheasterly to 30[deg]14[min]42[sec] N, 81[deg]40[min]42[sec]W; 
thence south remaining 400 feet from the shoreline at mean highwater; 
thence past Piney Point and Black Point to the northern edge ofMulberry 
Cover Manatee refuge, 400 feet from Naval Air StationJacksonville boat 
ramp, at 30[deg]13[min]00[sec] N,81[deg]40[min]23.5[sec] W; thence 
southwesterly in a straight lineto position 30[deg]12[min]14[sec] N, 
81[deg]40[min]42[sec] W;thence southerly, remaining 400[min] seaward of 
the mean high watershoreline to 30[deg]11[min]40[sec] N, 
81[deg]41[min]15.5[sec] W;thence northwest to the point at the end of 
the property line of NavalAir Station Jacksonville just north of the 
Buckman Bridge at position30[deg]11[min]42.30[sec] N, 
81[deg]41[min]23.66[sec] W; thencenortheasterly along the mean high 
water shoreline of the St. JohnsRiver and Mulberry Cove to the point of 
beginning. Datum: NAD 83
    (b) In accordance with the general regulations inSec. 165.33 of 
this part, no person or vessel may enter orremain in the zone without 
the permission of the Captain of the PortJacksonville, Florida. All 
other portions of Sec. 165.33remain applicable.
    (c) This regulation does not apply to Coast Guard vessels 
andauthorized law enforcement vessels operating within the Security 
Zone.

[COTP Jacksonville Reg. 93-115, 60 FR 65571, Dec. 20,1995]



Sec. 165.726  Regulated Navigation Areas; Miami River, Miami, Florida.

    (a) Location. The following are Regulated Navigation Areas:
    (1) All the waters of the Miami River, Miami, Florida, from 
theBrickell Avenue Bridge, in approximate position25[deg]46[min]19[sec] 
N, 80[deg]11[min]4[sec] W, inland to theSouth Florida Water Management 
District's salinity dam in approximateposition 25[deg]48[min]4[sec] N, 
80[deg]15[min]6[sec] W.
    (2) The Tamiami Canal from its intersection with the Miami riverin 
approximate position 25[deg]47[min]7[sec] N,80[deg]14[min]7[sec] W to 
the N.W. 37th Avenue bridge inapproximate position 25[deg]48[min]5[sec] 
N,80[deg]15[min]5[sec] W. All coordinates referenced use datum: NAD83.
    (b) Regulations. The restrictions in this paragraph apply tovessels 
operating within the regulated navigation areas in paragraph(a) of this 
section unless authorized to deviate by the Captain of thePort, Miami, 
Florida, or a Coast Guard commissioned, warrant, or pettyofficer 
designated by him.
    (1) All rafted vessels (inboard and outboard) must be properlymoored 
in accordance with applicable municipal laws and regulations.
    (2) At no time shall any vessels be rafted more than two abreast.

[[Page 718]]

    (3) Neither single nor rafted vessels shall extend greaterthan 54 
feet into the main river (measured from the dock) withoutpermission of 
the Captain of the Port.
    (4) A minimum channel width of 65 feet shall be maintained at 
alltimes on the Miami River from the Brickell Avenue Bridge west to 
theTamiami Canal. A minimum channel width of 45 feet shall be 
maintainedat all times on the Miami River west of the junction of the 
MiamiRiver and the Tamiami Canal to the South Florida Water 
ManagementDistrict's salinity dam, as well as on the Tamiami Canal from 
itsmouth to the N.W. 37th Avenue Bridge.
    (5) All moored and rafted vessels shall provide safe access fromthe 
shore.
    (6) All moored and rafted vessels shall provide clear and 
readyaccess for land-based firefighters to safely and quickly 
reachoutboard rafted vessels.
    (7) No vessels shall moor or raft in any manner as to impede 
safepassage of another vessel to any of the tributaries of the 
MiamiRiver.
    (8) Nothing in these regulations shall prohibit the U.S. ArmyCorps 
of Engineers from requiring the relocation or movement ofvessels in a 
declared flood emergency.
    (c) Enforcement. Violations of these regulated navigationareas 
should be reported to the Captain of the Port, Miami. Persons 
inviolation of these regulations will be subject to civil penalty 
underSec. 165.13(b) of this part.

[CGD07-97-019, 62 FR 50512, Sept. 26, 1997]



Sec. 165.728  Jacksonville, Florida--safety zones.

    (a) The water, land, and land and water within the 
followingboundaries are established as safety zones during the 
specifiedconditions:
    (1) Zone A. 200 yards in all directions around any specifiedMaritime 
Prepositioned Ship as it transits between the St. Johns Riverentrance 
sea buoy (STJ) and its berth inside the Mayport Basin(Ribault Bay), 
Mayport, Florida. The prescribed safety zone will alsobe in effect as 
the vessel transits to its berth at Blount IslandMarine Terminal, 
Jacksonville, Florida.
    (2) Zone B. 100 yards in all directions on land and 200yards on 
water from the eastern end of Transit Shed 2 to theeast shore 
of Alligator Creek at Blount Island Terminal, Jacksonville,Florida.
    (3) Zone C: 100 yards in all directions on land from Gate 
berth1 and all waters within the Back River (locally known as 
theGate Slip) on Blount Island, Jacksonville, Florida, commencing from 
aline drawn between the southwesterly most shore point 
latitude30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and 
thesoutheasterly most shore point latitude 
30[deg]23[min]38[sec],longitude 81[deg]30[min]36[sec].
    (b) The areas described in paragraph (a) of this section may 
beclosed to all vessels and persons, except those vessels and 
personsauthorized by the Commander, Seventh Coast Guard District or 
theCaptain of the Port, Jacksonville, Florida, whenever 
specifiedMaritime Prepositioned Ships are transiting the St. Johns River 
(ZoneA), moored at Blount Island (Zone B), or moored at Gate Terminal 
(ZoneC).
    (c) The general regulations governing safety zones contained in 
33CFR 165.23 apply.
    (d) The Captain of the Port Jacksonville, Florida will activatethe 
safety zones or specific portions of them by issuing a localbroadcast 
notice to mariners. The closing of the area at BlountIsland, described 
above, will be signified by the display of arotating yellow light 
located on the waterfront at Blount IslandMarine Terminal or at the Gate 
Terminal Berth 1.

[CGD7 87-15, 52 FR 23442, June 22, 1987, as amended byCGD7 91-33, 56 FR 
22826, May 17, 1991]



Sec. 165.729  Jacksonville Harbor, Florida--security zone.

    (a) The water, land, and land and water within the 
followingboundaries are established as security zones during the 
specifiedconditions:
    (1) Zone A. 200 yards in all directions around any specifiedMaritime 
Prepositioned Ship as it transits between the St. Johns Riverentrance 
sea buoy (STJ) and its berth inside the Mayport Naval Basin(Ribault 
Bay), Mayport, Florida. The prescribed security zone willalso be in 
effect as the vessel transits to its berth at Blount IslandMarine 
Terminal, Jacksonville, Florida.

[[Page 719]]

    (2) Zone B. 100 yards in all directions on land and 200yards on 
water from the eastern end of Transit Shed 2 to theeast shore 
of Alligator Creek at Blount Island Terminal, Jacksonville,Florida.
    (3) Zone C: 100 yards in all directions on land from Gate 
berth1 and all waters within the Back River (locally known as 
theGate Slip) on Blount Island, Jacksonville, Florida, commencing from 
aline drawn between the southwesterly most shore point 
latitude30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and 
thesoutheasterly most shore point latitude 
30[deg]23[min]38[sec],longitude 81[deg]30[min]36[sec].
    (b) The areas described in paragraph (a) of this section shall 
beclosed to all vessels and persons, except those vessels and 
personsauthorized by the Commander, Seventh Coast Guard District or 
theCaptain of the Port, Jacksonville, Florida, whenever 
specifiedMaritime Prepositioned Ships are transiting the St. Johns River 
(ZoneA), moored at Blount Island (Zone B), or moored at Gate Terminal 
(ZoneC).
    (c) The general regulations governing security zones contained in33 
CFR 165.33 apply.
    (d) The Captain of the Port Jacksonville, Florida will activatethe 
security zones or specific portions of them by issuing a localbroadcast 
notice to mariners. The closing of the area at BlountIsland, described 
above, will be signified by the display of arotating yellow light 
located on the waterfront at Blount IslandMarine Terminal or at the Gate 
Terminal Berth 1.

[CGD7 87-16, 52 FR 23443, June 22, 1987, as amended byCGD7 91-34, 56 FR 
22827, May 17, 1991]



Sec. 165.730  King's Bay, Georgia--Regulated navigation area.

    Vessels transiting in the water bounded by the line connecting 
thefollowing points must travel no faster than needed for steerageway:

Latitude                             Longtitude
30[deg]48[min]00.0[sec] N            081[deg]29[min]24.0[sec] W
30[deg]46[min]19.5[sec] N            081[deg]29[min]17.0[sec] W
30[deg]47[min]35.0[sec] N            081[deg]30[min]16.5[sec] W
and thence to the point of beginning
 


[CGD7 92-41, 58 FR 38057, July 15, 1993]



Sec. 165.731  Safety/Security Zone: Cumberland Sound, Georgia and St. MarysRiver Entrance Channel.

    (a) Location. A permanent safety/security zone isestablished within 
the following coordinates, the area enclosed by aline starting at 
30[deg]44[min]55[sec] N, 081[deg]29[min]39[sec]W; thence to 
30[deg]44[min]55[sec] N, 081[deg]29[min]18[sec] W;thence to 
30[deg]46[min]35[sec] N, 081[deg]29[min]18[sec] W;thence to 
30[deg]47[min]02[sec] N, 081[deg]29[min]34[sec] W;thence to 
30[deg]47[min]21[sec] N, 081[deg]29[min]39[sec] W;thence to 
30[deg]48[min]00[sec] N, 081[deg]29[min]42[sec] W;thence to 
30[deg]49[min]07[sec] N, 081[deg]29[min]56[sec] W;thence to 
30[deg]49[min]55[sec] N, 081[deg]30[min]35[sec] W;thence to 
30[deg]50[min]15[sec] N, 081[deg]31[min]08[sec] W;thence to 
30[deg]50[min]14[sec] N, 081[deg]31[min]30[sec] W;thence to 
30[deg]49[min]58[sec] N, 081[deg]31[min]45[sec] W;thence to 
30[deg]49[min]58[sec] N, 081[deg]32[min]03[sec] W;thence to 
30[deg]50[min]12[sec] N, 081[deg]32[min]17[sec] W;thence following the 
land based perimeter boundary to the point oforigin.
    (b) A temporary safety/security zone, when activated by theCaptain 
of the Port, Jacksonville, Florida, encompasses all waters andland from 
bank to bank within Cumberland Sound and the St. MarysEntrance Channel: 
the northern extent of this zone starts at thesouthern tip of Crab 
Island; lighted buoy number ``1'' atthe mouth of the Amelia River 
demarks the southern boundary; daymarker number ``2'' at the mouth of 
the St. Marys Riverindicates the western boundary; and the eastern 
boundary extends outto three (3) nautical miles in the Atlantic Ocean, 
with the zone alsoencompassing the waters within 1000 yards of the 
entrance channel eastof the jetties.
    (c) Regulations. (1) The Captain of the Port, Jacksonville,Florida 
will activate the temporary safety/security zone described inparagraph 
(b) of this section by issuing a local broadcast notice tomariners.
    (2) All persons and vessels in the vicinity of the safety/
securityzone shall immediately obey any direction or order of the 
Captain ofthe Port, Jacksonville, Florida.
    (3) The general regulations governing safety and security 
zonescontained in 33 CFR 165.23 and .33 apply. No person or vessel 
mayenter or remain within the designated zones without the permission 
ofthe Captain of the Port, Jacksonville, Florida.

[[Page 720]]

    (4) This regulation does not apply to persons or vesselsoperating 
under the authority of the United States Navy nor toauthorized law 
enforcement agencies.

[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19,1990]



Sec. 165.751  Security Zone: LNG mooring slip, Savannah River, Savannah,Georgia.

    (a) Security Zone. The following area is a security zone:All the 
waters from surface to bottom of the northeastern most mooringdolphin 
located at approximately 32[deg]05.01[min] North, 080[deg]59.38[min] 
West, to the southeastern most mooring dolphin located atapproximately 
32[deg]04.79[min] North, 080[deg]59.35[min] West, andcontinues west 
along the North and South shoreline of the mooring slipto the shoreline 
of the right descending bank of the Savannah River.All marine traffic is 
prohibited from entering this zone unlessauthorized by the Captain of 
the Port (COTP).
    (b) Applicability. This section applies to all vesselsincluding 
naval and other public vessels, except vessels that areengaged in the 
following operations:
    (1) Law enforcement, security, or search and rescue;
    (2) Servicing aids to navigation;
    (3) Surveying, maintenance, or improvement of waters in thesecurity 
zone; or
    (4) Actively engaged in escort, maneuvering, or support duties foran 
LNG tankship.
    (c) Regulations. In accordance with the general regulationsin Sec. 
165.33 of this part, entry into or movement withinthis zone is 
prohibited unless authorized by the Captain of the PortSavannah or 
vessels engaged in activities defined in paragraph (b).
    (d) Reporting of violations. Violations of this sectionshould be 
reported to the Captain of the Port, Savannah, at (912)652-4353.

[COTP SAVANNAH 06-160, 72 FR 27246, May 15, 2007]



Sec. 165.752  Sparkman Channel, Tampa, Florida--regulated navigation area.

    (a) A regulated navigation area is established to protect 
vesselsfrom limited water depth in Sparkman Channel caused by an 
underwaterpipeline. The regulated navigation area is in Sparkman Channel 
betweenthe lines connecting the following points (referenced in NAD 83):

----------------------------------------------------------------------------------------------------------------
        Latitude                 Longitude                          Latitude                  Longitude
----------------------------------------------------------------------------------------------------------------
1:
    27[deg]56[min]20.5[s  082[deg]26[min]42.0[sec       to   27[deg]56[min]19.3[sec  82[deg]26[min]37.5[sec] W
     ec] N.                ]W.                                ] N.
2:
    27[deg]55[min]32.0[s  082[deg]26[min]54.0[sec       to   27[deg]55[min]30.9[sec  82[deg]26[min]49.1[sec] W
     ec] N.                ]W.                                ] N.
----------------------------------------------------------------------------------------------------------------

    (b) Ships requiring Federal or State pilotage shall not meet 
orovertake other like vessels in Sparkman Channel.
    (c) Vessels having a draft of more than 35.5 feet may not 
transitSparkman Channel.
    (d) Vessels having a draft of 34.5 feet, but not over 35.5 feet,may 
transit Sparkman Channel only when the tide is at least one footabove 
mean low water.
    (e) Vessels with a draft of 30 feet or greater shall transit asnear 
as possible to the center of the channel.

[CGD7 90-52, 56 FR 36005, July 30, 1991, as amended byUSCG-1998-3799, 63 
FR 35532, June 30, 1998]



Sec. 165.753  Regulated navigation area; Tampa Bay, Florida.

    (a) The following is a regulated navigation area (RNA): All 
thenavigable waters of Tampa Bay, Hillsborough Bay and Old Tampa 
Bay,including all navigable waterways tributary thereto. Also included 
arethe waters of Egmont Channel, Gulf of Mexico from Tampa Bay to 
theseabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465.
    (b) The master, pilot, or person in charge of any vessel of 50meters 
or greater shall give a Navigational Advisory Broadcast inaccordance 
with 47 CFR 80.331 on VHF-FM channel 13 at the followingbroadcast/
reporting points:

[[Page 721]]

    (1) Prior to getting underway from any berth or anchorage;
    (2) Prior to entering Egmont Channel from seaward;
    (3) Prior to passing Egmont Key in any direction;
    (4) Prior to transiting the Skyway Bridge in either direction;
    (5) Prior to transiting the intersection of Tampa Bay Cut FChannel, 
Tampa Bay Cut G Channel, and Gadsden Point Cut Channel;
    (6) Prior to anchoring or approaching a berth for docking;
    (7) Prior to tending hawser;
    (8) Prior to transiting Point Pinellas Channel Light 1 in 
eitherdirection.
    (c) Each Navigational Advisory required by this section shall bemade 
in the English language and will contain the followinginformation:
    (1) The words ``Hello all vessels, a Navigational Advisoryfollows'';
    (2) Name of vessel;
    (3) If engaged in towing, the nature of the tow;
    (4) Direction of Movement;
    (5) Present location; and,
    (6) The nature of any hazardous conditions as defined by 33 
CFR160.203.
    (d) Nothing in this section shall supersede either theInternational 
Regulations for Preventing Collisions at Sea, 1972 (72COLREGS) or the 
Inland Navigation Rules, as applicable, or relieve theMaster or person 
in charge of the vessel of responsibility for thesafe navigation of the 
vessel.

[CGD07-94-094, 60 FR 58519, Nov. 28, 1995]



Sec. 165.754  Safety Zone: San Juan Harbor, San Juan, PR.

    (a) Regulated Area. A moving safety zone is established inthe 
following area:
    (1) The waters around Liquefied Petroleum Gas ships entering SanJuan 
Harbor in an area one half mile around each vessel, beginning onemile 
north of the San Juan Harbor 1 Sea Buoy, in approximateposition 
18-29.3N, 66-07.6W and continuing until thevessel is safely moored at 
either the Gulf Refinery Oil dock or theCatano Oil dock in approximate 
position 18-25.8N,66-06.5W. All coordinates referenced use datum: NAD 
83.
    (2) The waters around Liquefied Petroleum Gas ships departing 
SanJuan Harbor in an area one half mile around each vessel beginning 
ateither the Gulf Refinery Oil dock or Catano Oil dock in 
approximateposition 18-25.8N, 66-06.5W when the vessel getsunderway, and 
continuing until the stern passes the San Juan Harbor1 Sea 
Buoy, in approximate position 18-28.3N,66-07.6W. All coordinates 
referenced use datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transitor remain 
in the safety zone unless authorized by the Captain of thePort, San 
Juan, Puerto Rico, or a designated Coast Guard commissioned,warrant, or 
petty officer.
    (2) Vessels encountering emergencies which require transit 
throughthe moving safety zone should contact the Coast Guard patrol 
craft onVHF Channel 16. In the event of an emergency, the Coast Guard 
patrolcraft may authorize a vessel to transit through the safety zone 
with aCoast Guard designated escort.
    (3) The Captain of the Port and the Duty Officer at Sector SanJuan, 
Puerto Rico, can be contacted at telephone number787-289-2041. The Coast 
Guard Patrol Commander enforcingthe safety zone can be contacted on VHF-
FM channels 16 and 22A.
    (4) Coast Guard Sector San Juan will notify the marine communityof 
periods during which these safety zones will be in effect byproviding 
advance notice of scheduled arrivals and departures ofLiquefied 
Petroleum Gas vessels via a marine broadcast Notice toMariners.
    (5) Should the actual time of entry of the Liquefied Petroleum 
Gasvessel vary more than one half hour from the scheduled time stated 
inthe broadcast Notice to Mariners, the person directing the movement 
ofthe Liquefied Petroleum Gas vessel shall obtain permission fromCaptain 
of the Port San Juan before commencing the transit.
    (6) All persons and vessels shall comply with the instructions ofon-
scene patrol personnel. On-scene patrol personnel includecommissioned, 
warrant, or petty officers of the U.S. Coast Guard.Coast Guard Auxiliary 
and local

[[Page 722]]

or state officials may be presentto inform vessel operators of the 
requirements of this section, andother applicable laws.

[COTP SAN JUAN 97-045, 63 FR 27681, May 20, 1998, asamended by USCG-
2001-9286, 66 FR 33641, June 25, 2001;USCG-2008-0179, 73 FR 35017, June 
19, 2008]



Sec. 165.755  Safety Zone; Guayanilla, Puerto Rico

    (a) The following area is established as a safety zone during 
thespecified conditions:
    (1) A 100 yard radius surrounding a vessel carrying LiquefiedNatural 
Gas (LNG) while transiting north of Latitude17[deg]56.0[min] N in the 
waters of the Caribbean Sea, on approachto or departure from the Eco-
Electrica waterfront facility inGuayanilla Bay, Puerto Rico. The safety 
zone remains in effect untilthe LNG vessel is docked at the Eco-
Electrica waterfront facility orsouth of Latitude 17[deg]56.0[min] N.
    (2) The waters within 150 feet of a LNG vessel when the vessel 
isalongside the Eco-Electrica waterfront facility in Guayanilla Bay, 
atposition 17[deg]58.55[min] N, 066[deg]45.3[min] W. This safetyzone 
remains in effect while the LNG vessel is docked with productaboard or 
is transferring LNG.
    (b) In accordance with the general regulations in 165.23 of 
thispart, anchoring, mooring or transiting in these zones is 
prohibitedunless authorized by the Coast Guard Captain of the Port.
    (c) Coast Guard Sector San Juan will notify the maritime communityof 
periods during which the safety zones will be in effect byproviding 
advance notice of scheduled arrivals and departures of LNGvessels via a 
marine broadcast Notice to Mariners.

[COTP San Juan 00-095, 66 FR 16870, Mar. 28, 2001, asamended by USCG-
2008-0179, 73 FR 35017, June 19, 2008]



Sec. 165.756  Regulated Navigation Area; Savannah River, Georgia.

    (a) Regulated Navigation Area (RNA). The Savannah Riverbetween Fort 
Jackson (32[deg]04.93[min] N, 081[deg]02.19[min] W)and the Savannah 
River Channel Entrance Sea Buoy is a regulatednavigation area when an 
LNG tankship in excess of heel is transitingthe area or moored at the 
LNG facility. All coordinates are NorthAmerican Datum 1983.
    (b) Definitions. The following definitions apply to thissection:
    Bare steerage way means the minimum speed necessary for aship to 
maintain control over its heading.
    Bollard pull means an industry standard used for rating 
tugcapabilities and is the pulling force imparted by the tug to 
thetowline. It means the power that an escort tug can apply to 
itsworking line(s) when operating in a direct mode.
    Direct mode means a towing technique defined as a method ofoperation 
by which a towing vessel generates towline forces by thrustalone at an 
angle equal to or nearly equal to the towline, or thrustforces applied 
directly to the escorted vessel's hull.
    Fire Wire means a length of wire rope or chain hung from thebow and 
stern of a vessel in port to allow the vessel to be towed awayfrom the 
pier in case of fire; also called fire warp or emergencytowing wire.
    Heel means the minimum quantity of liquefied natural gas(LNG) 
retained in an LNG tankship after unloading at the LNG facilityto 
maintain temperature, pressure, and/or prudent operations. Aquantity of 
LNG less than five percent (5 %) of the LNG tankship'scarrying capacity 
shall be presumed to be heel.
    Indirect mode means a towing technique defined as a methodof 
operation by which an escorting towing vessel generates towlineforces by 
a combination of thrust and hydrodynamic forces resultingfrom a 
presentation of the underwater body of the towing vessel at anoblique 
angle to the towline. This method increases the resultantbollard pull, 
thereby arresting and controlling the motion of anescorted vessel.
    LNG tankship means a vessel as described in 46 CFR 154.
    Made-up means physically attached by cable, towline, orother secure 
means in such a way as to be immediately ready to exertforce on a vessel 
being escorted.
    Make-up means the act of, or preparations for becoming made-up.
    Operator means the person who owns, operates, or isresponsible for 
the operation of a facility or vessel.

[[Page 723]]

    Savannah River Channel Entrance Sea Buoy means the aidto navigation 
labeled R W ``T'' Mo (A) WHIS on theNational Oceanic and Atmospheric 
Administration's (NOAA) NauticalChart 11512.
    Standby means readily available at the facility and equippedto 
provide a ready means of assistance to maintain a safe zone aroundLNG 
tankships, provide emergency firefighting assistance, and aid theLNG 
tankship in the event of an emergency departure.
    Underway means that a vessel is not at anchor, not made fastto the 
shore, or not aground.
    (c) Applicability. This section applies to all vesselsoperating 
within the RNA, including naval and other public vessels,except vessels 
that are engaged in the following operations:
    (1) Law enforcement, security, or search and rescue;
    (2) Servicing aids to navigation;
    (3) Surveying, maintenance, or improvement of waters in the RNA;or
    (4) Actively engaged in escort, maneuvering, or support duties foran 
LNG tankship.
    (d) Regulations--(1) Requirements for vesseloperations while a LNG 
tankship, carrying LNG in excess of heel, isunderway within the RNA. (i) 
Except for a vessel that is moored ata marina, wharf, or pier, and 
remains moored, no vessel 1,600 grosstons or greater may come within two 
nautical miles of a LNG tankship,carrying LNG in excess of heel, which 
is underway within the SavannahRiver shipping channel without the 
permission of the Captain of thePort (COTP).
    (ii) All vessels less than 1,600 gross tons shall keep clear 
oftransiting LNG tankships.
    (iii) The owner, master, or operator of a vessel carryingliquefied 
natural gas (LNG) shall:
    (A) Comply with the notice requirements of 33 CFR part 160. TheCOTP 
may delay the vessel's entry into the RNA to accommodate othercommercial 
traffic.
    (B) Obtain permission from the COTP before commencing the 
transitinto the RNA.
    (C) Not enter or get underway within the RNA if visibility duringthe 
transit is not sufficient to safely navigate the channel, and/orwind 
speed is, or is expected to be, greater than 25 knots.
    (D) While transiting the RNA, the LNG tankship, carrying LNG 
inexcess of heel, shall have a minimum of two escort towing vessels 
witha minimum of 100,000 pounds of bollard pull, 4,000 horsepower 
andcapable of safely operating in the indirect mode. At least one of 
thetowing vessels shall be FiFi Class 1 equipped.
    (2) Requirements while an LNG tankship is moored outside of theLNG 
facility slip. (i) An LNG tankship moored outside of the LNGfacility 
slip shall have on-scene a minimum of two escort towingvessels each with 
a minimum of 100,000 pounds of bollard pull, 4,000horsepower and capable 
of safely operating in the indirect mode inorder to escort transiting 
vessels 1,600 gross tons or greater pastthe moored LNG tankship. At 
least one of these towing vessels shall beFiFi Class 1 equipped.
    (ii) In addition to the two towing vessels required by 
paragraph(d)(2)(i) of this section, the LNG tankship moored outside of 
the slipshall have at least one standby towing vessel with a minimum of 
90,000pounds of bollard pull to take appropriate actions in an emergency 
asdirected by the LNG vessel bridge watch required in paragraph (d)(5)of 
this section.
    (3) Requirements while LNG tankships are moored inside the 
LNGfacility slip. (i) An LNG tankship moored inside the LNG facilityslip 
shall have two standby towing vessels with a minimum capacity of100,000 
pounds of bollard pull, 4,000 horsepower, and the ability tooperate 
safely in the indirect mode. At least one of these towingvessels shall 
be FiFi Class 1 equipped. The standby towing vesselsshall take 
appropriate action in an emergency as directed by the LNGvessel bridge 
watch required in paragraph (d)(5) of this section.
    (ii) If two LNG tankships are moored inside the LNG facility 
slip,each vessel shall provide a standby towing vessel that is FiFi 
class 1equipped with a minimum capacity of 100,000 pounds of bollard 
pull and4,000 horsepower that is available to assist as directed by the 
LNGvessel bridge watch required in paragraph (d)(5) of this section.
    (4) Requirements while LNG tankships are moored both inside theLNG 
facility

[[Page 724]]

slip and outside the LNG facility slip. (i) Whenone LNG tankship is 
moored inside and one LNG tankship is mooredoutside of the LNG facility 
slip, the LNG tankship moored outside ofthe LNG facility slip shall have 
on-scene a minimum of two escorttowing vessels each with a minimum of 
100,000 pounds of bollard pull,4,000 horsepower and capable of safely 
operating in the indirect modein order to escort transiting vessels 
1,600 gross tons or greater pastthe moored LNG tankship. At least one of 
these towing vessels shall beFiFi Class 1 equipped. In addition, the LNG 
tankship moored inside ofthe slip shall have at least one standby towing 
vessel with a minimumof 100,000 pounds of bollard pull, 4,000 horsepower 
and FiFi Class 1equipped to take appropriate actions in an emergency as 
directed bythe LNG vessel bridge watch required in paragraph (d)(5) of 
thissection.
    (ii) When one LNG tankship is moored outside and two LNG 
tankshipsare moored inside the LNG facility slip, the LNG tankship 
mooredoutside of the LNG facility slip shall have on-scene a minimum of 
twoescort towing vessels each with a minimum of 100,000 pounds of 
bollardpull, 4,000 horsepower and capable of safely operating in the 
indirectmode in order to escort transiting vessels 1,600 gross tons or 
greaterpast the moored LNG tankship. At least one of these towing 
vesselsshall be FiFi Class 1 equipped. In addition, the LNG tankships 
mooredinside of the slip shall have at least one standby towing 
vesselbetween the two ships with a minimum of 100,000 pounds of 
bollardpull, 4,000 horsepower and FiFi Class 1 equipped to take 
appropriateactions in an emergency as directed by the LNG vessel bridge 
watchrequired in paragraph (d)(5) of this section.
    (iii) In the event of an actual emergency, escort towing vesselscan 
be utilized as stand-by towing vessels to take appropriate actionsas 
directed by the LNG vessel bridge watch required in paragraph (d)(5) of 
this section.
    (5) Requirements for moored LNG tankships. (i) While mooredwithin 
the RNA, each LNG tankship shall maintain a bridge watchconsisting of a 
docking pilot or licensed deck officer who shallmonitor all vessels 
transiting past the LNG facility. In addition, theLNG Bridge Watch shall 
communicate with the pilots of vessels greaterthan 1600 gross tons at 
the points identified in section (d)(6)(iii)of this section prior to 
passing the LNG facility in order to takeactions of the towing vessel(s) 
required in paragraphs (d)(2) through(4) of this section.
    (ii) While moored within the RNA, LNG tankships shall haveemergency 
towing wires (fire wires) positioned one meter above thewaterline, both 
on the off-shore bow and quarter of the ship. LNGvessels equipped with 
waterline bollards are exempt from thisrequirement.
    (6) Requirements for other vessels while within the RNA. 
(i)Transiting vessels 1,600 gross tons or greater, when passing an 
LNGtankship moored outside of the LNG facility slip, shall have a 
minimumof two towing vessels with a minimum capacity of 100,000 pounds 
ofbollard pull, 4,000 horsepower, and the ability to operate safely 
inthe indirect mode, made-up in such a way as to be immediatelyavailable 
to arrest and control the motion of an escorted vessel inthe event of 
steering, propulsion or other casualty. At least one ofthe towing 
vessels shall be FiFi Class 1 equipped. While it isanticipated that 
vessels will utilize the towing vessel servicesrequired in paragraphs 
(d)(2)(i) and (d)(4)(i) of this section, thissection does not preclude 
escorted vessel operators from providingtheir own towing vessel escorts, 
provided they meet the requirementsof this part.
    (A) Outbound vessels shall be made-up and escorted from BightChannel 
Light 46 until the vessel is safely past the LNG dock.
    (B) Inbound vessels shall be made-up and escorted from Elba 
IslandLight 37 until the vessel is safely past the LNG dock.
    (ii) The requirements in paragraph (d)(6)(i) of this section donot 
apply when one or more LNG tankships are moored in the LNGfacility slip 
and no LNG tankship is moored at the pier outside of theLNG facility 
slip.
    (iii) Vessels 1,600 gross tons or greater shall make a broadcaston 
channel 13 at the following points on the Savannah River:

[[Page 725]]

    (A) Buoy ``33'' in the vicinity of Fields Cut forinbound vessels;
    (B) Buoy ``53'' in the vicinity of Fort Jackson foroutbound vessels.
    (iv) Vessels 1,600 gross tons or greater shall at a minimum,transit 
at bare steerageway when within an area 1,000 yards on eitherside of the 
LNG facility slip to minimize potential wake or surgedamage to the LNG 
facility and vessel(s) within the slip.
    (v) Vessels 1,600 gross tons or greater shall not meet norovertake 
within an area 1,000 yards on either side of the LNG facilityslip when 
an LNG tankship is present within the slip.
    (vi) All vessels less than 1,600 gross tons shall not approachwithin 
70 yards of an LNG tankship, carrying LNG in excess of heel,without the 
permission of the Captain of the Port.
    (vii) Except for vessels involved in those operations noted 
inparagraph (c) of this section entitled Applicability, no vessel 
shallenter the LNG facility slip at any time without the permission of 
theCaptain of the Port.
    (e) Waivers. (1) The COTP may waive any requirement in thissection, 
if the COTP finds that it is in the best interest of safetyor in the 
interest of national security. Such waivers may be verbal orin writing.
    (2) An application for a waiver of these requirements must statethe 
compelling need for the waiver and describe the proposed operationand 
methods by which adequate levels of safety are to be obtained.
    (f) Enforcement. Violations of this section should bereported to the 
Captain of the Port, Savannah, at (912)652-4353. In accordance with the 
general regulations inSec. 165.13 of this part, no person may cause or 
authorizethe operation of a vessel in the regulated navigation area 
contrary tothe provisions of this section.

[CGD07-05-138, 72 FR 2453, Jan. 19, 2007]



Sec. 165.757  Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, PuertoRico and Limetree Bay, St. Croix, U.S.V.I.

    (a) Location. The following areas are established as asafety zones 
during the specified conditions:
    (1) Port of Ponce, Puerto Rico. A 100-yard radiussurrounding all 
Liquefied Hazardous Gas (LHG) vessels with productaboard while 
transiting north of Latitude 17[deg]57.0[min] N in thewaters of the 
Caribbean Sea on approach to or departing from the Portof Ponce, Puerto 
Rico (NAD 83). The safety zone remains in effectuntil the LHG vessel is 
docked.
    (2) Port of Tallaboa, Puerto Rico. A 100-yard radiussurrounding all 
Liquefied Hazardous Gas (LHG) vessels with productaboard while 
transiting north of Latitude 17[deg]56.0[min] N in thewaters of the 
Caribbean Sea on approach to or departing from the Portof Tallaboa, 
Puerto Rico (NAD 83). The safety zone remains in effectuntil the LHG 
vessel is docked.
    (3) Port of Guayanilla, Puerto Rico. A 100-yard radiussurrounding 
all Liquefied Hazardous Gas (LHG) vessels around withproduct aboard 
while transiting north of Latitude 17[deg]57.0[min] Nin the waters of 
the Caribbean Sea on approach to or departing fromthe Port of 
Guayanilla, Puerto Rico (NAD 83). The safety zone remainsin effect until 
the LHG vessel is docked.
    (4) Port of Limetree Bay, St. Croix, U.S.V.I. A 100-yardradius 
surrounding all Liquefied Hazardous Gas (LHG) vessels withproduct aboard 
while transiting north of Latitude 17[deg]39.0[min] Nin the waters of 
the Caribbean Sea on approach to or departing fromthe Port of Limetree 
Bay, U.S.V.I. (NAD 83). The safety zone remainsin effect until the LHG 
vessel is docked.
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.23 of this part, anchoring, mooring ortransiting in these zones is 
prohibited unless authorized by the CoastGuard Captain of the Port. 
Coast Guard Sector San Juan will notify themaritime community of periods 
during which these safety zones will bein effect by providing advance 
notice of scheduled arrivals anddepartures on LHG carriers via a 
broadcast notice to mariners on VHFMarine Band Radio, Channel 16 (156.8 
MHz).

[COTP San Juan 02-038, 67 FR 60867, Sept. 27, 2002, asamended by USCG-
2008-0179, 73 FR 35017, June 19, 2008]

[[Page 726]]



Sec. 165.758  Security Zone; San Juan, Puerto Rico.

    (a) Location. Moving and fixed security zones areestablished 50 
yards around all cruise ships entering, departing,moored or anchored in 
the Port of San Juan, Puerto Rico. The securityzone for a cruise ship 
entering port is activated when the vessel isone mile north of the 
3 buoy, at approximate position18[deg]28[min]17[min] N, 
66[deg]07[min]37.5[min] W. The securityzone for a vessel is deactivated 
when the vessel passes this buoy onits departure from the port.
    (b) Regulations. (1) Under general regulations inSec. 165.33 of 
this part, entering, anchoring, mooring ortransiting in these zones is 
prohibited unless authorized by the CoastGuard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at the Sector San Juan at (787)289-
2041 or via VHF radio on Channel 16 to seek permission totransit the 
area. If permission is granted, all persons and vesselsmust comply with 
the instructions of the Captain of the Port or hisdesignated 
representative.
    (3) The Coast Guard Sector San Juan will attempt to notify 
themaritime community of periods during which these security zones 
willbe in effect by providing advance notice of scheduled arrivals 
anddepartures of cruise ships via a broadcast notice to mariners.
    (c) Definition. As used in this section, cruise shipmeans a 
passenger vessel greater than 100 feet in length that isauthorized to 
carry more than 150 passengers for hire, except for aferry.
    (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD07-02-042, 67 FR 76991, Dec. 16, 2002, asamended by USCG-2008-0179, 
73 FR 35017, June 19, 2008]



Sec. 165.759  Security Zones; Ports of Jacksonville, Fernandina, and Canaveral,Florida.

    (a) Regulated Area. Moving security zones are established100 yards 
around all tank vessels, cruise ships, and military pre-positioned ships 
during transits entering or departing the ports ofJacksonville, 
Fernandina, and Canaveral, Florida. These movingsecurity zones are 
activated when the subject vessels pass the St.Johns River Sea Buoy, at 
approximate position 30 deg. 23[min]35[sec] N, 81 deg, 19[min] 08[sec] 
West, when entering the port ofJacksonville, or pass Port Canaveral 
Channel Entrance Buoys  3or  4, at respective 
approximate positions 28 deg. 22.7 N, 80deg 31.8 W, and 28 deg. 23.7 N, 
80 deg. 29.2 W, when entering PortCanaveral. Fixed security zones are 
established 100 yards around alltank vessels, cruise ships, and military 
pre-positioned ships dockedin the Ports of Jacksonville, Fernandina, and 
Canaveral, Florida.
    (b) Regulations. In accordance with the general regulationsSec. 
165.33 of this part, entry into these zones isprohibited except as 
authorized by the Captain of the Port, or a CoastGuard commissioned, 
warrant, or petty officer designated by him. TheCaptain of the Port will 
notify the public of any changes in thestatus of this zone by Marine 
Safety Radio Broadcast on VHF MarineBand Radio, Channel 22 (157.1 MHz).
    (c) Definition. As used in this section: cruise ship means 
apassenger vessel, except for a ferry, greater than 100 feet in 
lengththat is authorized to carry more than 12 passengers for hire.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP Jacksonville 02-066, 68 FR 3186, Jan. 23, 2003]



Sec. 165.760  Security Zones; Tampa Bay, Port of Tampa, Port of SaintPetersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big Bend,Weedon Island, and Crystal 
          River, Florida.

    (a) Location. The following areas, denoted by coordinatesfixed using 
the North American Datum of 1983 (World Geodetic System1984), are 
security zones:
    (1) Rattlesnake, Tampa, FL. All water, from surface tobottom, in Old 
Tampa Bay east and south of a line commencing atposition 
27[deg]53.32[min] N, 082[deg]32.05[min] W; north to27[deg]53.36[min] N, 
082[deg]32.05[min] W, including on landportions of Chemical Formulators 
Chlorine Facility, where the fencedarea is bounded by a line connecting 
the following points:27[deg]53.21[min] N, 082[deg]32.11[min] W; west 
to27[deg]53.22[min] N, 082[deg]32.23[min] W; then north to

[[Page 727]]

27[deg]53.25[min] N, 082[deg]32.23[min] W; then west again 
to27[deg]53.25[min] N, 082[deg]32.27[min] W; then north again 
to27[deg]53.29[min] N, 082[deg]32.25[min] W; then east 
to27[deg]53.30[min] N, 082[deg]32.16[min] W; then southeastterminating 
at 27[deg]53.21[min] N, 082[deg]32.11[min] W.
    (2) Old Port Tampa, Tampa, FL. All waters, from surface tobottom, in 
Old Tampa Bay encompassed by a line connecting thefollowing points: 
27[deg]51.62[min] N, 082[deg]33.14[min] W; eastto 27[deg]51.71[min] N, 
082[deg]32.5[min] W; north to27[deg]51.76[min] N, 082[deg]32.5[min] W; 
west to27[deg]51.73[min] N, 082[deg]33.16[min] W; and south 
to27[deg]51.62[min] N, 082[deg]33.14[min] W, closing off the OldPort 
Tampa channel.
    (3) Sunshine Skyway Bridge, FL. All waters in Tampa Bay,from surface 
to bottom, in Cut ``A'' channel beneath thebridge's main span 
encompassed by a line connecting the followingpoints: 27[deg]37.30[min] 
N, 082[deg]39.38[min] W to27[deg]37.13[min] N, 082[deg]39.26[min] W; and 
the bridgestructure columns, base and dolphins. This zone is specific to 
thebridge structure and dolphins and does not include waters adjacent 
tothe bridge columns or dolphins outside of the bridge's main span.
    (4) Vessels carrying hazardous cargo, Tampa, FL. All waters,from 
surface to bottom, 200 yards around vessels moored in Tampa Baycarrying 
or transferring Liquefied Petroleum Gas (LPG), AnhydrousAmmonia (NH3) 
and/or grade ``A'' and ``B''flammable liquid cargo. Any vessel 
transiting within the outer 100yards of the zone for moored vessels 
carrying or transferringLiquefied Petroleum Gas (LPG), Anhydrous Ammonia 
(NH3) and/or grade``A'' and ``B'' cargo may operate unlessotherwise 
directed by the Captain of the Port or his designee but mustproceed 
through the area at the minimum speed necessary to maintainsafe 
navigation. No vessel may enter the inner 100-yard portion of 
thesecurity zone closest to the vessel.
    (5) Piers, seawalls, and facilities, Port of Tampa and PortSutton, 
Tampa, FL. All waters, from surface to bottom, extending 50yards from 
the shore, seawall, and piers around facilities in PortSutton within the 
Port of Tampa encompassed by a line connecting thefollowing points: 
27[deg]54.15[min] N, 082[deg]26.11[min] W; eastnortheast to 
27[deg]54.19[min] N, 082[deg]26.00[min] W; thennortheast to 
27[deg]54.37[min] N, 082[deg]25.72[min] W, closingoff all Port Sutton 
channel; then northerly to 27[deg]54.48[min] N,082[deg]25.70[min] W.
    (6) Piers, seawalls, and facilities, Port of Tampa, East Bayand the 
eastern side of Hooker's Point. All waters, from surface tobottom, 
extending 50 yards from the shore, seawall and piers aroundfacilities on 
East Bay and on the East Bay Channel within the Port ofTampa encompassed 
by a line connecting the following points:27[deg]56.05[min] N, 
082[deg]25.95[min] W, southwesterly to27[deg]56.00[min] N, 
082[deg]26.07[min] W, then southerly to27[deg]55.83[min] N, 
082[deg]26.07[min] W, then southeasterly to27[deg]55.55[min] N, 
082[deg]25.75[min] W, then south to27[deg]54.75[min] N, 
082[deg]25.75[min] W, then southwesterly andterminating at point 
27[deg]54.57[min] N, 082[deg]25.86[min] W.
    (7) Piers, seawalls, and facilities, Port of Tampa, on thewestern 
side of Hooker's Point, Tampa, FL. All waters, from surfaceto bottom, 
extending 50 yards from the shore, seawall, and piersaround facilities 
on Hillsborough Bay northern portion of Cut``D'' channel, Sparkman 
channel, Ybor Turning Basin, andYbor channel within the Port of Tampa 
encompassed by a line connectingthe following points: 27[deg]54.74[min] 
N, 082[deg]26.47[min] W;northwest to 27[deg]55.25[min] N, 
082[deg]26.73[min] W; thennorth-northwest to 27[deg]55.60[min] N, 
082[deg]26.80[min] W; thennorth-northeast to 27[deg]56.00[min] N, 
082[deg]26.75[min] W; thennortheast to 27[deg]56.58[min] N, 
082[deg]26.53[min] W; and northto 27[deg]57.29[min] N, 
082[deg]26.51[min] W; west to27[deg]57.29[min] N, 082[deg]26.61[min] W; 
then southerly to27[deg]56.65[min] N, 082[deg]26.63[min] W; 
southwesterly to27[deg]56.58[min] N, 082[deg]26.69[min] W; then 
southwesterly andterminating at 27[deg]56.53[min] N, 082[deg]26.90[min] 
W.
    (8) Piers, seawalls, and facilities, Port of Manatee. Allwaters, 
from surface to bottom, within the Port of Manatee extending50 yards 
from the shore, seawall and piers around facilities. Thissecurity zone 
encompasses all piers and seawalls of the cruiseterminal berths 9 and 10 
in Port Manatee, Florida beginning at27[deg]38.00[min] N, 
082[deg]33.81[min] W; continuing east to27[deg]38.00[min] N, 
082[deg]33.53[min] W.
    (9) Moving cruise ships in the Port of Tampa, Port of 
SaintPetersburg, and Port Manatee, Florida. All waters, from surface 
tobottom, extending 200 yards around all cruise ships entering 
ordeparting Port of Tampa, Port of Saint Petersburg, or Port 
Manatee,Florida. These temporary security zones are activated on the 
inboundtransit when a

[[Page 728]]

cruise ship passes the Tampa Lighted Whistle Buoy``T'', located at 
27[deg]35.35[min] N,083[deg]00.71[min] W and terminate when the vessel 
is moored at acruise ship terminal. The security zones are activated on 
the outboundtransit when a cruise ship gets underway from a terminal 
andterminates when the cruise ship passes the Tampa Lighted Whistle 
Buoy``T'', located at 27[deg]35.35[min] N,083[deg]00.71[min] W. Any 
vessel transiting within the outer 100yards of the zone for a cruise 
ship may operate unless otherwisedirected by the Captain of the Port or 
his designee but must proceedthrough the area at the minimum speed 
necessary to maintain safenavigation. No vessel may enter the inner 100-
yard portion of thesecurity zone closest to the vessel.
    (10) Moored cruise ships in the Port of Tampa, Port of 
SaintPetersburg, and Port Manatee, Florida. All waters, from surface 
tobottom, extending 200 yards around moored cruise ships in the Ports 
ofTampa, Saint Petersburg, or Port Manatee, Florida. Any 
vesseltransiting within the outer 100 yards of the zone of moored 
cruiseships may operate unless otherwise directed by the Captain of the 
Portor his designee but must proceed through the area at the minimum 
speednecessary to maintain safe navigation. No vessel may enter the 
inner100-yard portion of the security zone closest to the vessel.
    (11) Saint Petersburg Harbor, FL. All waters, from surfaceto bottom, 
extending 50 yards from the seawall and around all mooringsand vessels 
in Saint Petersburg Harbor (Bayboro Harbor), commencing onthe north side 
of the channel at dayboard ``10'' inapproximate position 
27[deg]45.56[min] N, 082[deg]37.55[min] W,and westward along the seawall 
to the end of the cruise terminal inapproximate position 
27[deg]45.72[min] N, 082[deg]37.97[min] W.The zone will also include the 
Coast Guard south moorings in SaintPetersburg Harbor. The zone will 
extend 50 yards around the pierscommencing from approximate position 
27[deg]45.51[min] N,082[deg]37.99[min] W; to 27[deg]45.52[min] N, 
082[deg]37.57[min]W. The southern boundary of the zone is shoreward of a 
line betweenthe entrance to Salt Creek easterly to Green Daybeacon 11 
(LLN 2500).
    (12) Crystal River Nuclear Power Plant. All waters, fromsurface to 
bottom, around the Florida Power Crystal River nuclearpower plant 
located at the end of the Florida Power CorporationChannel, Crystal 
River, Florida, encompassed by a line connecting thefollowing points: 
28[deg]56.87[min] N, 082[deg]45.17[min] W(Northwest corner); 
28[deg]57.37[min] N, 082[deg]41.92[min] W(Northeast corner); 
28[deg]56.81[min] N, 082[deg]45.17[min] W(Southwest corner); and 
28[deg]57.32[min] N, 082[deg]41.92[min] W(Southeast corner).
    (13) Crystal River Demory Gap Channel. All waters, fromsurface to 
bottom, in the Demory Gap Channel in Crystal River,Florida, encompassed 
by a line connecting the following points:28[deg]57.61[min] N, 
082[deg]43.42[min] W (Northwest corner);28[deg]57.53[min] N, 
082[deg]41.88[min] W (Northeast corner);28[deg]57.60[min] N, 
082[deg]43.42[min] W (Southwest corner); and28[deg]57.51[min] N, 
082[deg]41.88[min] W (Southeast corner).
    (14) Big Bend Power Plant, FL. All waters of Tampa Bay, fromsurface 
to bottom, adjacent to the Big Bend Power Facility, and withinan area 
bounded by a line connecting the following points:27[deg]48.08[min] N, 
082[deg]24.88[min] W; then northwest to27[deg]48.15[min] N, 
082[deg]24.96[min] W; then southwest to27[deg]48.10[min] N, 
082[deg]25.00[min] W; then south-southwest to27[deg]47.85[min] N, 
082[deg]25.03[min] W; then southeast to27[deg]47.85[min] N, 
082[deg]24.79[min] W; then east to27[deg]47.55[min] N, 
082[deg]24.04[min] W; then north to27[deg]47.62[min] N, 
082[deg]84.04[min] W; then west to27[deg]47.60[min] N, 
082[deg]24.72[min] W; then north to27[deg]48.03[min] N, 
082[deg]24.70[min] W; then northwest to27[deg]48.08[min] N, 
082[deg]24.88[min] W, closing off entrance toBig Bend Power Facility and 
the attached cooling canal.
    (15) Weedon Island Power Plant, FL. All waters of Tampa Bay,from 
surface to bottom, extending 50-yards from the shore, seawall andpiers 
around the Power Facility at Weedon Island encompassed by a 
lineconnecting the following points: 27[deg]51.52[min] 
N,082[deg]35.82[min] W; then north and east along the shore 
to27[deg]51.54[min] N, 082[deg]35.78[min] W; then north 
to27[deg]51.68[min] N, 082[deg]35.78[min] W; then north 
to27[deg]51.75[min] N, 082[deg]35.78[min] W, closing off entrance tothe 
canal; then north to 27[deg]51.89[min] N, 082[deg]35.82[min]W; then west 
along the shore to 27[deg]51.89[min] N,082[deg]36.10[min] W; then west 
to 27[deg]51.89[min] N,082[deg]36.14[min] W, closing off entrance to the 
canal.
    (b) Definitions. As used in this section--
    Cruise ship means a vessel required to comply with 33 CFRpart 120.

[[Page 729]]

    Designated representative means Coast Guard PatrolCommanders 
including Coast Guard coxswains, petty officers and otherofficers 
operating Coast Guard vessels, and federal, state, and localofficers 
designated by or assisting the Captain of the Port (COTP), inthe 
enforcement of regulated navigation areas, safety zones, andsecurity 
zones.
    (c) Regulation. (1) Entry into or remaining on or within thezones 
described in paragraph (a) of this section is prohibited 
unlessauthorized by the Captain of the Port Sector St. Petersburg or 
adesignated representative.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port Sector St. Petersburg or a 
designatedrepresentative on VHF channel 16 to seek permission to transit 
thearea. If permission is granted, all persons and vessels must 
complywith the instructions of the Captain of the Port or 
designatedrepresentative. In the case of moving security zones, 
notification ofactivation of these zones will be given by Broadcast 
Notice toMariners on VHF FM Marine Band Radio, Channel 22A. For vessels 
notequipped with a radio, there will also be on site notification via 
adesignated representative of the Captain of the Port.
    Note to Sec. 165.760 (c)(2): A graphical representation ofall fixed 
security zones will be made available via the Coast Pilotand nautical 
charts.
    (3) Enforcement. Under Sec. 165.33, no person may cause orauthorize 
the operation of a vessel in the security zones contrary tothe 
provisions of this section.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP Tampa 02-053, 68 FR 52342, Sept. 3, 2003, asamended by USCG-2007-
0062, 73 FR 1282, Jan. 8, 2008]



Sec. 165.761  Security Zones; Port of Palm Beach, Port Everglades, Port ofMiami, and Port of Key West, Florida.

    (a) Location. The following areas are security zones:
    (1) Fixed and moving security zones around vessels in the Portsof 
Palm Beach, Port Everglades, Miami, and Key West, Florida.Moving 
security zones are established 100 yards around all passengervessels, 
vessels carrying cargoes of particular hazard, or vesselscarrying 
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120,126 and 127 
respectively, during transits entering or departing thePorts of Palm 
Beach, Port Everglades, Miami or Key West, Florida.These moving security 
zones are activated when the subject vesselpasses: ``LW'' buoy, at 
approximate position26[deg]46.3[min] N, 080[deg]00.6[min] W, when 
entering the Port ofPalm Beach, passes ``PE'' buoy, at approximate 
position26[deg]05.5[min] N, 080[deg]04.8[min] W, when entering 
PortEverglades; the ``M'' buoy, at approximate position25[deg]46.1[min] 
N, 080[deg]05.0[min] W, when entering the Port ofMiami; and ``KW'' buoy, 
at approximate position24[deg]27.7[min] N, 081[deg]48.1[min] W, when 
entering the Port ofKey West. Fixed security zones are established 100 
yards around allpassenger vessels, vessels carrying cargoes of 
particular hazard orliquefied hazardous gas (LHG) as defined in 33 CFR 
parts 120, 126 and127 respectively, while they are docked in the Ports 
of Palm Beach,Port Everglades, Miami or Key West, Florida.
    (2) Fixed security zone in the Port of Miami, Florida. Afixed 
security zone encompasses all waters between Watson Park andStar Island 
on the MacArthur Causeway south to the Port of Miami. Thewestern 
boundary is formed by an imaginary line from points25[deg]46.79[min] N, 
080[deg]10.90[min] W, to 25[deg]46.77[min]N, 080[deg]10.92[min] W to 
25[deg]46.88[min] N,080[deg]10.84[min] W, and ending on Watson Park 
at25[deg]47.00[min] N, 080[deg]10.67[min] W. The eastern boundary 
isformed by an imaginary line from the traffic light located at 
Bridgeroad, in approximate position 25[deg]46.33[min] 
N,080[deg]09.12[min] W, which leads to Star Island, and 
MacArthurCauseway directly extending across the Main Channel to the Port 
ofMiami, at 25[deg]46.26[min] N, 080[deg]09.18[min] W. The fixedsecurity 
zone is activated when two or more passenger vessels, vesselscarrying 
cargoes of particular hazard, or vessels carrying liquefiedhazardous gas 
(LHG) as defined in 33 CFR parts 120, 126 and 127respectively, enter or 
moor within this zone.
    (i) Vessels may be allowed to transit the Main Channel when onlyone 
passenger vessel or vessel carrying cargoes of particular hazardare 
berthed, by

[[Page 730]]

staying on the north side of the law enforcementboats and cruise ship 
tenders which will mark a transit lane inchannel.
    (ii) When passenger vessels are not berthed on the Main 
Channel,navigation will be unrestricted. Law enforcement vessels can 
becontacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
    (3) Fixed security zones in the Port Everglades. A fixedsecurity 
zone encompasses all waters west of an imaginary linestarting at the 
northern most point 26[deg]05.98[min] N,080[deg]07.15[min] W, near the 
west side of the 17th Street CausewayBridge, to the southern most point 
26[deg]05.41[min] N,080[deg]06.96[min] W, on the northern tip of pier 
22. An additionalfixed security zone encompasses the Intracoastal 
Waterway between aline connecting point 26[deg]05.41[min] N, 
080[deg]06.97[min] W,on the northern tip of berth 22 and a point 
directly east across theIntracoastal Waterway to 26[deg]05.41[min] N, 
080[deg]06.74[min]W; and a line drawn from the corner of Port Everglades 
berth 29 atpoint 26[deg]04.72[min] N, 080[deg]06.92[min] W, easterly 
acrossthe Intracoastal Waterway to John U. Lloyd Beach, State 
RecreationalArea at point 26[deg]04.72[min] N, 080[deg]06.81[min] W.
    (i) Vessels may be allowed to transit the Intracoastal Waterwaywhen 
passenger vessels or vessels carrying cargoes of particularhazard are 
berthed, by staying east of the law enforcement vessels andcruise ship 
tenders, which will mark a transit lane in theIntracoastal Waterway.
    (ii) Periodically, vessels may be required to temporarily holdtheir 
positions while large commercial traffic operates in this area.Vessels 
in this security zone must follow the orders of the COTP orhis 
designated representative, who may be embarked in law enforcementor 
other vessels on scene. When passenger vessels are not berthed onthe 
Intracoastal Waterway, navigation will be unrestricted. Lawenforcement 
vessels can be contacted on VHF Marine Band Radio, Channel16 (156.8 
MHz).
    (b) Regulations. (1) Prior to commencing the movement, theperson 
directing the movement of a passenger vessel, a vessel carryingcargoes 
of particular hazard or a vessel carrying liquefied hazardousgas (LHG) 
as defined in Title 33, Code of Federal Regulations parts120, 126 and 
127 respectively, is encouraged to make a securitybroadcast on VHF 
Marine Band Radio, Channel 13 (156.65 MHz) to advisemariners of the 
moving security zone activation and intended transit.
    (2) In accordance with the general regulationsSec. 165.33 of this 
part, entry into these zones isprohibited except as authorized by the 
Captain of the Port Miami orhis designated representative. Other vessels 
such as pilot boats,cruise ship tenders, tug boats and contracted 
security vessels mayassist the Coast Guard Captain of the Port under the 
direction of hisdesignated representative by monitoring these zones 
strictly to advisemariners of the restrictions. The Captain of the Port 
will notify thepublic via Marine Safety Radio Broadcast on VHF Marine 
Band Radio,Channel 16 (156.8 MHz) when the security zones are being 
enforced.
    (3) Persons desiring to enter or transit the area of the 
securityzone may contact the Captain of the Port at (305) 535-8701 oron 
VHF Marine Band Radio, Channel 16 (156.8 MHz) to seek permission 
totransit the area. If permission is granted, all persons and 
vesselsmust comply with the instructions of the Captain of the Port or 
his orher designated representative.
    (4) The Captain of the Port Miami may waive any of therequirements 
of this subpart for any vessel upon finding that thevessel or class of 
vessel, operational conditions, or othercircumstances are such that 
application of this subpart is unnecessaryor impractical for the purpose 
of port security, safety orenvironmental safety.
    (c) Definition. As used in this section, cruise ship means 
apassenger vessel greater than 100 feet in length and over 100 grosstons 
that is authorized to carry more than 12 passengers for hiremaking 
voyages lasting more than 24 hours, except for a ferry.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP Miami 02-115, 68 FR 3189, Jan. 23, 2003]



Sec. 165.762  Security Zone; St. Thomas, U.S. Virgin Islands.

    (a) Location. Moving and fixed security zones areestablished 50 
yards

[[Page 731]]

around all cruise ships entering, departing,moored or anchored in the 
Port of St. Thomas, U.S. Virgin Islands. Thesecurity zone for a cruise 
ship entering port is activated when thevessel passes: St. Thomas Harbor 
green lighted buoy 3 in approximateposition 18[deg]19[min]19[sec] North, 
64[deg]55[min]40[sec] Westwhen entering the port using St. Thomas 
Channel; red buoy 2 inapproximate position 18[deg]19[min]15[sec] 
North,64[deg]55[min]59[sec] West when entering the port using 
EastGregorie Channel; and red lighted buoy 4 in approximate 
position18[deg]18[min]16[sec] North, 64[deg]57[min]30[sec] West 
whenentering the port using West Gregorie Channel. These zones 
aredeactivated when the cruise ship passes any of these buoys on 
itsdeparture from the Port.
    (b) Regulations. (1) Under general regulations inSec. 165.33 of 
this part, entering, anchoring, mooring ortransiting in these zones is 
prohibited unless authorized by the CoastGuard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at the Sector San Juan at (787)289-
2041 or via VHF radio on Channel 16 to seek permission totransit the 
area. If permission is granted, all persons and vesselsmust comply with 
the instructions of the Captain of the Port or hisdesignated 
representative.
    (3) Coast Guard Sector San Juan will attempt to notify themaritime 
community of periods during which these security zones willbe in effect 
by providing advance notice of scheduled arrivals anddepartures of 
cruise ships via a broadcast notice to mariners.
    (c) Definition. As used in this section, cruise shipmeans a 
passenger vessel greater than 100 feet in length that isauthorized to 
carry more than 150 passengers for hire, except for aferry.
    (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP San Juan 03-024, 68 FR 33391, June 4, 2003, asamended by USCG-
2008-0179, 73 FR 35017, June 19, 2008]



Sec. 165.763  Moving and Fixed Security Zone, Port of Fredericksted, SaintCroix, U.S. Virgin Islands.

    (a) Location. A moving and fixed security zone isestablished that 
surrounds all cruise ships entering, departing,mooring or anchoring in 
the Port of Fredericksted, Saint Croix, U.S.Virgin Islands. The security 
zone extends from the cruise ship outwardand forms a 50-yard radius 
around the vessel, from surface to bottom.The security zone for a cruise 
ship entering port is activated whenthe vessel is within one nautical 
mile west of the Fredericksted Pierlights. The security zone for a 
vessel is deactivated when the cruiseship is beyond one nautical mile 
west of the Fredericksted Pierlights. The Fredericksted Pier lights are 
at the followingcoordinates: 17[deg]42[min]49[sec] N, 
64[deg]53[min]19[sec] W.All coordinates are North American Datum 1983 
(NAD 1983).
    (b) Regulations. (1) Under general regulations inSec. 165.33 of 
this part, entering, anchoring, mooring, ortransiting in these zones is 
prohibited unless authorized by the CoastGuard Captain of the Port San 
Juan or their designated representative.
    (2) Persons desiring to transit through a security zone maycontact 
the Captain of the Port San Juan who can be reached on VHFMarine Band 
Radio, Channel 16 (156.8 Mhz) or by calling (787)289-2041, 24-hours-a-
day, 7-days-a-week. If permission isgranted, all persons and vessels 
must comply with the instructions ofthe Captain of the Port or 
designated representative.
    (3) Sector San Juan will attempt to notify the maritime communityof 
periods during which these security zones will be in effect byproviding 
advance notice of scheduled arrivals and departures ofcruise ships via a 
broadcast notice to mariners.
    (c) Definition. As used in this section, cruise shipmeans a 
passenger vessel greater than 100 feet in length that isauthorized to 
carry more than 150 passengers for hire, except for aferry.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP San Juan 05-002, 70 FR 22256, Apr. 29, 2005]

[[Page 732]]



Sec. 165.764  [Reserved]



Sec. 165.765  Regulated Navigation Area; Port Everglades Harbor, FortLauderdale, Florida.

    (a) Location. The following area in Port Everglades harboris a 
regulated navigation area: all waters of Port Everglades harbor,from 
shore to shore, encompassed by a line commencing at the southmid-point 
tip of Harbor Heights approximately 26[deg]05.687[min] 
N,080[deg]06.684[min] W; thence south across Bar Cut to a point northof 
the Nova University Marina approximately 26[deg]05.552[min] 
N,080[deg]06.682[min] W, thence southwesterly to a point near thecenter 
of Lake Mabel approximately 26[deg]05.482[min] N,080[deg]06.793[min] W, 
thence northwesterly to a point near theQuick Flashing Red 12 
approximately 26[deg]05.666[min] N,080[deg]06.947[min] W, thence east to 
south mid-point tip of HarborHeights (starting point) approximately 
26[deg]05.687[min] N,080[deg]06.684[min] W.
    (b) Regulations. Vessels less than 150 meters entering andtransiting 
through the regulated navigation area shall proceed at aslow speed. 
Nothing in this section alleviates vessels or operatorsfrom complying 
with all state and local laws in the area includingmanatee slow speed 
zones. Nor should anything in this section beconstrued as conflicting 
with the requirement to operate at safe speedunder the Inland Navigation 
Rules, 33 U.S.C. 2001 et seq.
    (c) Definition. As used in this section, slow speedmeans the speed 
at which a vessel proceeds when it is fully off plane,completely settled 
in the water and not creating excessive wake. Dueto the different speeds 
at which vessels of different sizes andconfigurations may travel while 
in compliance with this definition, nospecific speed is assigned to slow 
speed. A vessel is not proceedingat slow speed if it is:
    (1) On a plane;
    (2) In the process of coming up on or coming off of plane; or
    (3) Creating an excessive wake.

[CDG07-03-069, 68 FR 63991, Nov. 12, 2003]



Sec. 165.766  Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands.

    (a) Regulated area. The Coast Guard is establishing asecurity zone 
in and around the HOVENSA Refinery on the south coast ofSt. Croix, U.S. 
Virgin Islands. This security zone includes all watersfrom surface to 
bottom, encompassed by an imaginary line connectingthe following points: 
Point 1: 17[deg]41[min]31[sec] North,64[deg]45[min]09[sec] West, Point 
2: 17[deg]39[min]36[sec]North, 64[deg]44[min]12[sec] West, Point 
3:17[deg]40[min]00[sec] North, 64[deg]43[min]36[sec] West, Point4: 
17[deg]41[min]48[sec] North, 64[deg]44[min]25[sec] West, andreturning to 
the point of origin. These coordinates are based uponNorth American 
Datum 1983 (NAD 1983).
    (b) Regulations. (1) Under Sec. 165.33, entry intoor remaining in 
the security zone in paragraph (a) of this section isprohibited unless 
authorized by the Coast Guard Captain of the PortSan Juan or vessels 
have a scheduled arrival in accordance with theNotice of Arrival 
requirements of 33 CFR part 160, subpart C.
    (2) Persons and vessels desiring to transit the Regulated Area 
maycontact the U.S. Coast Guard Captain of the Port, San Juan, 
attelephone number 787-289-2041 or on VHF channel 16(156.8 MHz) to seek 
permission to transit the area. If permission isgranted, all persons and 
vessels must comply with the instructions ofthe Captain of the Port.

[COTP San Juan 05-007, 72 FR 43537, Aug. 6, 2007]



Sec. 165.767  Security Zone; Manbirtee Key, Port of Manatee, Florida.

    (a) Regulated area. The following area is a security zone:All 
waters, from surface to bottom, surrounding Manbirtee Key, TampaBay, FL 
extending 500 yards from the island's shoreline, in alldirections, not 
to include the Port Manatee Channel.
    (b) Definitions. As used in this section, designatedrepresentative 
means Coast Guard Patrol Commanders including CoastGuard coxswains, 
petty officers and other officers operating CoastGuard vessels, and 
Federal, State, and local officers designated by orassisting the Captain 
of the Port (COTP), in the enforcement ofregulated navigation areas, 
safety zones, and security zones.
    (c) Regulation. (1) Entry into or remaining on or within thesecurity 
zone is prohibited unless authorized by the Captain of thePort Sector 
St. Petersburg or his designee.

[[Page 733]]

    (2) Persons desiring to transit the security zone may contactthe 
Captain of the Port Sector St. Petersburg or his designee on VHFchannel 
16 to seek permission to transit the area. If permission isgranted, all 
persons and vessels must comply with the instructions ofthe Captain of 
the Port or designated representative.
    (3) Enforcement. Under Sec. 165.33, no person maycause or authorize 
the operation of a vessel in the security zonecontrary to the provisions 
of this section.

[USCG-2007-0061, 73 FR 3651, Jan. 22, 2008]



Sec. 165.768  Security Zone; MacDill Air Force Base, Tampa Bay, FL.

    (a) Location. The following area is a security zone whichexists 
concurrent with an Army Corps of Engineers restricted area inSec. 
334.635 of this title. All waters within Tampa Bay,Florida in the 
vicinity of MacDill Air Force Base, including portionsof the waters of 
Hillsborough Bay, Old Tampa Bay, and Tampa Bay,encompassed by a line 
connecting the following coordinates: latitude27[deg]51[min]52.901[sec] 
N., longitude82[deg]29[min]18.329[sec] W., thence directly to 
latitude27[deg]52[min]00.672[sec] N., longitude82[deg]28[min]51.196[sec] 
W., thence directly to latitude27[deg]51[min]28.859[sec] N., 
longitude82[deg]28[min]10.412[sec] W., thence directly to 
latitude27[deg]51[min]01.067[sec] N., longitude 
2[deg]27[min]45.355[sec]W., thence directly to latitude 
27[deg]50[min]43.248[sec] N.,longitude 82[deg]27[min]36.491[sec] W., 
thence directly to latitude27[deg]50[min]19.817[sec] N., 
longitude82[deg]27[min]35.466[sec] W., thence directly to 
latitude27[deg]49[min]38.865[sec] N., longitude82[deg]27[min]43.642[sec] 
W., thence directly to latitude27[deg]49[min]20.204[sec] N., 
longitude82[deg]27[min]47.517[sec] W., thence directly to 
latitude27[deg]49[min]06.112[sec] N., longitude82[deg]27[min]52.750[sec] 
W., thence directly to latitude27[deg]48[min]52.791[sec] N., 
longitude82[deg]28[min]05.943[sec] W., thence directly to 
latitude27[deg]48[min]45.406[sec] N., longitude82[deg]28[min]32.309[sec] 
W., thence directly to latitude27[deg]48[min]52.162[sec] N., 
longitude82[deg]29[min]26.672[sec] W., thence directly to 
latitude27[deg]49[min]03.600[sec] N., longitude82[deg]30[min]23.629[sec] 
W., thence directly to latitude27[deg]48[min]44.820[sec] N., 
longitude82[deg]31[min]10.000[sec] W., thence directly to 
latitude27[deg]49[min]09.350[sec] N., longitude82[deg]32[min]24.556[sec] 
W., thence directly to latitude27[deg]49[min]38.620[sec] N., 
longitude82[deg]33[min]02.444[sec] W., thence directly to 
latitude27[deg]49[min]56.963[sec] N., longitude82[deg]32[min]45.023[sec] 
W., thence directly to latitude27[deg]50[min]05.447[sec] N., 
longitude82[deg]32[min]48.734[sec] W., thence directly to 
latitude27[deg]50[min]33.715[sec] N., longitude 82[deg]32'45.220[sec] 
W.,thence directly to a point on the western shore of the base 
atlatitude 27[deg]50[min]42.836[sec] N., 
longitude82[deg]32[min]10.972[sec] W.
    (b) Definitions. The following definition applies to thissection. 
Designated representative means Coast Guard PatrolCommanders including 
Coast Guard coxswains, petty officers and otherofficers operating Coast 
Guard vessels, and federal, state, and localofficers designated by or 
assisting the Captain of the Port St.Petersburg (COTP), in the 
enforcement of regulated navigation areas,safety zones, and security 
zones.
    (c) Regulations. In accordance with the general regulationsin Sec. 
165.33 of this part, entry into, anchoring, mooring,or transiting this 
zone by persons or vessels is prohibited withoutthe prior permission of 
the Coast Guard Captain of the Port St.Petersburg or a designated 
representative.

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



Sec. 165.770  Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands.

    (a) Regulated area. The Coast Guard is establishing asecurity zone 
in and around the HOVENSA Refinery on the south coast ofSt. Croix, U.S. 
Virgin Islands. This security zone includes all watersfrom surface to 
bottom, encompassed by an imaginary line connectingthe following points: 
Point 1 in position 17[deg]41[min]31[sec] N,064[deg]45[min]09[sec] W; 
Point 2 in position17[deg]39[min]36[sec] N, 064[deg]44[min]12[sec] W; 
Point 3 inposition 17[deg]40[min]00[sec] N, 064[deg]43[min]36[sec] 
W;Point 4 in position 17[deg]41[min]48[sec] N,064[deg]44[min]25[sec] W; 
then tracing the shoreline along thewater's edge to the point of origin. 
These coordinates are based uponNorth American Datum 1983 (NAD 1983).
    (b) Regulations. (1) Under Sec. 165.33, entry intoor remaining 
within the regulated area in paragraph (a) of thissection is prohibited 
unless authorized by the Coast Guard Captain ofthe Port San Juan or 
vessels have a scheduled arrival at HOVENSA,Limetree Bay,

[[Page 734]]

St. Croix, in accordance with the Notice of Arrivalrequirements of 33 
CFR part 160, subpart C.
    (2) Persons and vessels desiring to transit the Regulated Area 
maycontact the U.S. Coast Guard Captain of the Port San Juan at 
telephonenumber 787-289-2041 or on VHF channel 16 (156.8 MHz) toseek 
permission to transit the area. If permission is granted, allpersons and 
vessels must comply with the instructions of the Captainof the Port.

[USCG-2008-0284, 73 FR 27746, May 14, 2008]



Sec. 165.773  Security Zone; Escorted Vessels in Captain of the Port ZoneJacksonville, Florida.

    (a) Definitions. The following definitions apply to thissection:
    COTP means Captain of the Port Jacksonville, FL.
    Designated representatives means Coast Guard PatrolCommanders 
including Coast Guard coxswains, petty officers and otherofficers 
operating Coast Guard vessels or aircraft, and federal,state, and local 
officers designated by or assisting the COTP, in theenforcement of the 
security zone.
    Escorted vessel means a vessel, other than a large U.S.naval vessel 
as defined in 33 CFR 165.2015, that is accompanied by oneor more Coast 
Guard assets or other Federal, State, or local lawenforcement agency 
assets clearly identifiable by lights, vesselmarkings, or with agency 
insignia as follows:
    (1) Coast Guard surface or air asset displaying the Coast 
Guardinsignia.
    (2) State and/or local law enforcement asset displaying 
theapplicable agency markings and/or equipment associated with 
theagency.
    (3) When escorted vessels are moored, dayboards or other 
visualindications such as lights or buoys may be used. In all 
cases,broadcast notice to mariners will be issued to advise mariners 
ofthese restrictions.
    Minimum safe speed means the speed at which a vesselproceeds when it 
is fully off plane, completely settled in the waterand not creating 
excessive wake. Due to the different speeds at whichvessels of different 
sizes and configurations may travel while incompliance with this 
definition, no specific speed is assigned tominimum safe speed. In no 
instance should minimum safe speed beinterpreted as a speed less than 
that required for a particular vesselto maintain steerageway. A vessel 
is not proceeding at minimum safespeed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (b) Regulated area. All navigable waters, as defined withinCaptain 
of the Port Zone, Jacksonville, Florida as defined in 33 CFR3.35-20.
    (c) Security zone. A 500-yard security zone is establishedaround 
each escorted vessel within the regulated area described inparagraph (b) 
of this section. This is a moving security zone when theescorted vessel 
is in transit and becomes a fixed zone when theescorted vessel is 
anchored or moored. A security zone will not extendbeyond the boundary 
of the regulated area in this section.
    (d) Regulations. (1) The general regulations for securityzones 
contained in Sec. 165.33 of this part applies to thissection.
    (2) A vessel may request the permission of the COTP or adesignated 
representative to enter the security zone described inparagraph (c) of 
this section. If permitted to enter the securityzone, a vessel must 
proceed at the minimum safe speed and must complywith the orders of the 
COTP or a designated representative. No vesselor person may enter the 
inner 100-yard portion of the security zoneclosest to the vessel.
    (e) Notice of security zone. The COTP will inform the publicof the 
existence or status of the security zones around escortedvessels in the 
regulated area by Broadcast Notice to Mariners. CoastGuard assets or 
other Federal, State or local law enforcement agencyassets will be 
clearly identified by lights, vessel markings, or withagency insignia. 
When escorted vessels are moored, dayboards or othervisual indications 
such as lights or buoys may be used.
    (f) Contact information. The COTP Jacksonville may bereached via 
phone at (904) 564-7513. Any on scene Coast Guardor designated 
representative assets may be reached via VHF-FMchannel 16.

[USCG-2008-0203, 73 FR 28710, May 19, 2008]

[[Page 735]]

                       Eighth Coast Guard District



Sec. 165.802  Lower Mississippi River, vicinity of Old River ControlStructure--Safety Zone.

    (a) The area enclosed by the following boundary is a safetyzone--
from the Black Hawk Point Light, mile 316.1 AHP LMR to apoint opposite 
Ft. Adams Light, mile 311.5 AHP along the low waterreference plane above 
the right descending bank; thence to the leveeon a line perpendicular to 
the channel centerline; thence along thelevee to the upstream end of the 
Old River Overbank structure; thencealong a line to the Black Hawk Point 
Light.
    (b) Any vessel desiring to enter this safety zone must firstobtain 
permission from the Captain of the Port, New Orleans. Theresident 
engineer at Old River Control Structure (WUG-424) isdelegated the 
authority to permit entry into this safety zone.

[CGD8-87-10, 53 FR 15207, Apr. 28, 1988, asamended by CGD8 89-03, 54 FR 
16108, Apr. 21, 1989]



Sec. 165.803  Mississippi River--regulated navigation area.

    The following is a Regulated Navigation Area--The waters ofthe 
Mississippi River between miles 88 and 240 above Head of Passes.
    (a) Definitions. As used in this section:
    (1) Breakaway means a barge that is adrift and is not underthe 
control of a towing vessel.
    (2) COTP means the Captain of the Port, New Orleans.
    (3) Fleet includes one or more tiers.
    (4) Fleeting facility means the geographic area along ornear a river 
bank at which a barge mooring service, either for hire ornot for hire, 
is established.
    (5) Mooring barge or spar barge means a barge mooredto mooring 
devices and to which other barges may be moored.
    (6) Mooring device includes a deadman, anchor, pile or otherreliable 
holding apparatus.
    (7) Person in charge includes any owner, agent, pilot,master, 
officer, operator, crewmember, supervisor, dispatcher or otherperson 
navigating, controlling, directing or otherwise responsible forthe 
movement, action, securing, or security of any vessel, barge,tier, fleet 
or fleeting facility subject to the regulations in thissection.
    (8) Tier means barges moored interdependently in rows orgroups.
    (b) Waivers:
    (1) The COTP may, upon written request, except as allowed 
inparagraph (3) of this subsection, waive any regulation in this 
sectionif it is found that the proposed operation can be conducted 
safelyunder the terms of that waiver.
    (2) Each written request for a waiver must state the need for 
thewaiver and describe the proposed operation.
    (3) Under unusual circumstances due to time constraints, theperson 
in charge may orally request an immediate waiver from the COTP.The 
written request for a waiver must be submitted within five workingdays 
after the oral request.
    (4) The COTP may, at any time, terminate any waiver issued underthis 
subsection.
    (c) Emergencies. In an emergency, a person may depart from 
anyregulation in this section to the extent necessary to avoid 
immediatedanger to persons, property or the environment.
    (d) Mooring: General.
    (1) No person may secure a barge to trees or to other vegetation.
    (2) No person may allow a barge to be moored with unraveled orfrayed 
lines or other defective or worn mooring.
    (3) No person may moor barges side to side unless they are securedto 
each other from fittings as close to each corner of abutting sidesas 
practicable.
    (4) No person may moor barges end to end unless they are securedto 
each other from fittings as close to each corner of abutting endsas 
practicable.
    (e) Mooring to a mooring device. (1) A barge may be mooredto mooring 
devices if the upstream end of that barge is secured to atleast one 
mooring device and the downstream end is secured to at leastone other 
mooring device, except that from mile 127 to mile 240 abarge may be 
moored to mooring devices if the upstream end of thatbarge is secured to 
at least one mooring device.

[[Page 736]]

    (2) Barges moored in tiers may be shifted to mooring devicesif the 
shoreward barge at the upstream end of the tier is secured toat least 
one mooring device, and the shoreward barge at the downstreamend of the 
tier is secured to at least one other mooring device,except that from 
mile 127 to mile 240 barges moored in tiers may beshifted to mooring 
devices if the shoreward barge at the upstream endof the tier is secured 
to at least one mooring device.
    (3) Each wire rope used between the upstream end of a barge and 
amooring device must have at least a diameter of 1\1/4\ inch. Chain 
orline used between the upstream end of a barge and a mooring devicemust 
be at least equivalent in strength to 1\1/4\ inch diameter wirerope.
    (4) Each wire rope used between the downstream end of a barge anda 
mooring device must have at least a diameter of \7/8\ inch. Chain orline 
used between the downstream end of a barge and a mooring devicemust be 
of at least equivalent strength of \7/8\ inch diameter wirerope.
    (f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf 
orpier. The person in charge shall ensure that a barge moored to 
anotherbarge, a mooring or spar barge, a vessel, a wharf, or a pier, 
issecured as near as practicable to each abutting corner of the 
bargebeing moored by:
    (1) Three parts of wire rope of at least \7/8\ inch diameter withan 
eye at each end of the rope passed around the timberhead, caval, 
orbutton;
    (2) A mooring of natural or synthetic fiber rope that has at least75 
percent of the breaking strength of three parts of \7/8\ inchdiameter 
wire rope; or
    (3) Fixed rigging that is at least equivalent to three parts of\7/8\ 
inch diameter wire rope.
    (g) Mooring: Person in charge.
    (1) The person in charge of a barge, tier, fleet or fleetingfacility 
shall ensure that the barge, tier, fleet or fleeting facilitymeets the 
requirements in paragraphs (d) and (e) of this section.
    (2) The person in charge shall ensure that all mooring 
devices,wires, chains, lines and connecting gear are of sufficient 
strengthand in sufficient number to withstand forces that may be exerted 
onthem by moored barges.
    (h) Fleeting facility: inspection of moorings.
    (1) The person in charge of a fleeting facility shall assign aperson 
to inspect moorings in accordance with the requirements inparagraph 
(h)(2) of this section.
    (2) The person assigned to inspect moorings shall inspect:
    (i) At least twice each day during periods that are six hours ormore 
apart, each mooring wire, chain, line and connecting gear betweenmooring 
devices and each wire, line and connecting equipment used tomoor each 
barge; and
    (ii) After a towboat adds barges to, withdraws barges from, ormoves 
barges at a fleeting facility, each mooring wire, line, andconnecting 
equipment of each barge within each tier affected by thatoperation.
    (3) The person who inspects moorings shall take immediate actionto 
correct each deficiency.
    (i) Fleeting facility: Records. The person in charge of a 
fleetingfacility shall maintain, and make available to the Coast 
Guard,records containing the following information:
    (1) The time of commencement and termination of each 
inspectionrequired in paragraph (h)(2) of this section.
    (2) The name of each person who makes the inspection required 
inparagraph (h)(2) of this section.
    (3) The identification of each barge entering and departing 
thefleeting facility, along with the following information:
    (i) Date and time of entry and departure; and
    (ii) The names of any hazardous cargo which the barge is carrying.
    Note: The requirements in paragraph (i)(3) of this sectionfor the 
listing of hazardous cargo refer to cargoes regulated bySubchapters D 
and O of Chapter I, Title 46, Code of FederalRegulations.
    (j) Fleeting facility: Surveillance.
    (1) The person in charge of a fleeting facility shall assign aperson 
to be in continuous surveillance and to observe the barges inthe 
fleeting facility. Joint use of this person by adjacent facilitiesmay be 
considered upon submisssion of a detailed proposal for a waiverto the 
COTP.

[[Page 737]]

    (2) The person who observes the barges shall:
    (i) Inspect for movements that are unusual for properly 
securedbarges; and
    (ii) Take immediate action to correct each deficiency.
    (k) Fleeting facility: person in charge. The person in charge of 
afleeting facility shall ensure that each deficiency found under 
therequirements of paragraph (h) or (j) of this section is corrected.
    (l) Securing breakaways. The person in charge shall take 
immediateaction to:
    (1) Secure each breakaway; and
    (2) Report each breakaway as soon as possible to the COTP 
bytelephone, radio or other means of rapid communication.
    (m) High water.
    (1) This subsection applies to barges on the Mississippi 
Riverbetween miles 88 and 240 above Head of Passes when:
    (i) The Carrollton gage stands 12 feet or more; or
    (ii) The Carrollton gage stands 10 feet, the U.S. Army Corps 
ofEngineers forecasts the Mississippi River is rising to 12 feet, andthe 
District Commander determines these circumstances to be 
especiallyhazardous and issues orders directing that paragraphs (m)(2) 
and (3)of this section are in effect.
    (2) During high water, the person in charge of a fleeting 
facilityshall ensure compliance with the following requirements:
    (i) Each fleet consisting of eight or more barges must be attendedby 
at last one radar-equipped towboat for each 100 barges or less.Joint use 
of this towboat by adjacent facilities may be consideredupon submission 
of a detailed proposal for a waiver.
    (ii) Each fleet must have two or more towboats in attendance when:
    (A) Barges are withdrawn from or moved within the fleet and thefleet 
at the start of the operation contains eight or more barges; or
    (B) Barges are added to the fleet and the number of barges 
beingadded plus the fleet at the start of the operation total eight 
ormore.
    (iii) Each towboat required in paragraphs (m)(2)(i) and (2)(ii) 
ofthis section must be:
    (A) Capable of safely withdrawing, moving or adding each barge inthe 
fleet;
    (B) Immediately operational;
    (C) Radio-equipped;
    (D) Within 500 yards of the barges; and
    (iv) The person in charge of each towboat required in 
paragraphs(m)(2)(i) and (2)(ii) of this section shall maintain:
    (A) A continuous guard on the frequency specified by currentFederal 
Communications Commission regulations found in Part 83 ofTitle 47, Code 
of Federal Regulations; and
    (B) When moored, a continuous watch on the barges in the 
fleetingfacility.
    (v) During periods when visibility is less than 200 yards, theperson 
in charge of each towboat required in paragraph (m)(2)(i) ofthis 
subsection shall maintain, when moored, a continuous radarsurveillance 
of the barges moored in the fleeting facility.
    (3) During high water when visibility is reduced to less than 
200yards:
    (i) Tows may not be assembled or disassembled;
    (ii) No barge may be added to, withdrawn from or moved within afleet 
except:
    (A) A single barge may be added to or withdrawn from thechannelward 
or downstream end of the fleet; and
    (B) Barges made up in a tow may depart a fleet from thechannelward 
or downstream end of the fleet; and
    (iii) No person in charge of a tow arriving in this 
regulatednavigation area may moor unless the COTP is notified prior to 
arrivalin the regulated navigation area.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCGD 82-020, 47 FR 
35483, Aug. 16, 1982; CGD 79-026, 48FR 35408, Aug. 4, 1983; CGD 88-075, 
54 FR 14958, Apr. 14, 1989;CGD08-94-006, 59 FR 21935, Apr. 28, 
1994;CGD08-94-006, 60 FR 37944, July 25, 1995]



Sec. 165.804  Snake Island, Texas City, Texas; mooring and fleeting ofvessels--safety zone.

    (a) The following is a safety zone:
    (1) The west and northwest shores of Snake Island;
    (2) The Turning Basin west of Snake Island;

[[Page 738]]

    (3) The area of Texas City Channel from the north end of theTurning 
Basin to a line drawn 000[deg] true from the northwesternmostpoint of 
Snake Island.
    (b) Special regulations. All vessels are prohibited from 
mooring,anchoring, or otherwise stopping in the safety zone, except in 
case ofan emergency.
    (c) Barges are prohibited from fleeting or grounding in the zone.
    (d) In an emergency, vessels shall advise the Captain of the 
Port,Houston-Galveston, of the nature of the emergency via the most 
rapidmeans available.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byUSCG-2000-7223, 65 
FR 40058, June 29, 2000]



Sec. 165.805  Calcasieu Channel and Industrial Canal, Calcasieu River, LakeCharles, LA.

    (a) The waters and waterfront facility located within the 
areadescribed by the following boundaries constitutes a safety zone:
    (1) When a Liquefied Natural Gas (LNG) vessel is moored atTrunkline 
LNG facility: Beginning at the west side property line atposition 
30[deg]06[min]38[sec] N., 93[deg]17[min]34[sec] W., aline extending in 
an eastward direction and 50 feet from shore to apoint 50 feet west of 
mooring dolphin 1; then due south to aline running in an 
eastward direction and 50 feet south of the mooredLNG vessel to a line 
running due north to a point 50 feet east ofmooring dolphin 13; 
and then a line extending in an eastwarddirection and 50 feet from shore 
to the end of the turning basin.
    (2) When an LNG vessel is not moored at the Trunkline LNGfacility: 
Beginning at the west side property line at 
position30[deg]06[min]38[sec] N., 93[deg]17[min]34[sec] W., a 
lineextending in an eastward direction and 50 feet from shore to a 
point50 feet west of mooring dolphin 1; then a continuous 
uniformline extending 50 feet outside of all facility docks and 
structures toa point 50 feet east of mooring dolphin 13; and 
then a lineextending in an eastward direction and 50 feet from shore to 
the endof the turning basin.
    (b) The waters within the following boundaries are a safety 
zonewhile a non-gas free LNG vessel is transiting within the 
CalcasieuRiver ship channel and between buoy ``CC'' and theTrunkline LNG 
facility: The area 2 miles ahead, 1 mile astern, and toeither side of an 
LNG vessel to the width of the ship channel.Meeting, crossing, or 
overtaking situations are not permitted withinthe safety zone unless 
specifically authorized by the USCG Captain ofthe Port.
    (c) Notice of transiting LNG vessels will be provided by 
Broadcastand/or Local Notice to Mariners.

[CGD 82-10, 47 FR 41957, Sept. 23, 1982, as amended byCGD8 82-10, 50 FR 
31592, Aug. 5, 1985; COTP Port Arthur, TXReg. 90-03, 56 FR 66599, Dec. 
24, 1991;USCG-1998-3799, 63 FR 35533, June 30, 1998]



Sec. 165.806  Sabine Neches Waterway, Texas--regulated navigation area.

    (a) The following is a regulated navigation area--The SabineNeches 
Waterway which includes the following waters: Sabine PassChannel, Port 
Arthur Canal, Sabine Neches Canal, Neches River, SabineRiver and all 
navigable waterways tributary thereto.
    (b) Unless otherwise authorized by the Captain of the Port, 
PortArthur, Texas, tows on a hawser of 1000 gross tons or 
greatertransiting the Sabine-Neches Waterway are prohibited unless such 
towshave a tug of sufficient horsepower made up to the tow in such 
amanner as to insure that complete and effective control is 
maintainedthroughout the transit. Inbound vessels only, may shift the 
tow orpick up an additional tug within 100 yards inside the entrance 
jettiesprovided that such action is necessary for reasons of 
prudentseamanship.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.807  Calcasieu River, Louisiana--regulated navigation area.

    (a) The following is a regulated navigation area--TheCalcasieu River 
from the Calcasieu jetties up to and including thePort of Lake Charles.
    (b) Unless otherwise authorized by the Captain of the Port, 
PortArthur, Texas, tows on a hawser of 1000 gross tons or 
greatertransiting the Calcasieu River are prohibited unless such tows 
have atug of sufficient horsepower made up to the tow in such a manner 
as toinsure that complete

[[Page 739]]

and effective control is maintained at alltimes. Inbound vessels only, 
may shift the tow or pick up anadditional tug within 100 yards inside 
the entrance jetties providedthat such action is necessary for reasons 
for prudent seamanship.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.808  Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.

    (a) The following areas are established as safety zones 
duringspecified conditions:
    (1) For incoming tank vessels loaded with Liquefied Petroleum 
Gas,the waters within a 500 yard radius of the LPG carrier while 
thevessel transits the Corpus Christi Ship Channel to the LPG 
receivingfacility. The safety zone remains in effect until the LPG 
vessel ismoored at the LPG receiving facility.
    (2) For outgoing tank vessels loaded with LPG, the waters within 
a500 yard radius of the LPG carrier while the vessel departs the 
LPGfacility and transits the Corpus Christi Ship Channel. The safety 
zoneremains in effect until the LPG vessel passes the seaward extremity 
ofthe Aransas Pass Jetties.
    (b) The general regulations governing safety zones contained in 
33CFR 165.23 apply.
    (c) The Captain of the Port will notify the maritime community 
ofperiods during which this safety zone will be in effect by 
providingadvance notice of scheduled arrivals and departures of loaded 
LPGvessels via a Marine Safety Information Broadcast Notice to Mariners.

[CGD 8-84-07, 50 FR 15744, Apr. 22, 1985; 50 FR19933, May 13, 1985]



Sec. 165.809  Security Zones; Port of Port Lavaca-Point Comfort, Point Comfort,TX and Port of Corpus Christi Inner Harbor, Corpus Christi, TX.

    (a) Location. The following area is designated as a securityzone: 
all waters of the Corpus Christi Inner Harbor from the InnerHarbor 
Bridge (U.S. Hwy 181) to, and including the Viola TurningBasin.
    (b) Regulations. (1) No recreational vessels, passengervessels, or 
commercial fishing vessels may enter the security zoneunless 
specifically authorized by the Captain of the Port CorpusChristi or a 
designated representative.
    (2) Recreational vessels, passenger vessels and commercial 
fishingvessels requiring entry into the security zone must contact 
theCaptain of the Port Corpus Christi or a designated representative. 
TheCaptain of the Port may be contacted via VHF Channel 16 or 
viatelephone at (361) 888-3162 to seek permission to transit thearea. If 
permission is granted, all persons and vessels must complywith the 
instructions of the Captain of the Port, Corpus Christi or adesignated 
representative.
    (3) Designated representatives include U.S. Coast Guardcommissioned, 
warrant, and petty officers.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.

[COTP Corpus Christi-02-003, 67 FR 64046, Oct.17, 2002, as amended by 
COTP Corpus Christi-04-006, 70FR 39178, July 7, 2005]



Sec. 165.810  Mississippi River, LA-regulated navigation area.

    (a) Purpose and applicability. This section prescribes rulesfor all 
vessels operating in the Lower Mississippi River below mile233.9 above 
Head of Passes including South Pass and Southwest Pass, toassist in the 
prevention of allisions; collisions and groundings so asto ensure port 
safety and protect the navigable waters of theMississippi River from 
environmental harm resulting from thoseincidents, and to enhance the 
safety of passenger vessels moored oranchored in the Mississippi River.
    (b) Lower Mississippi River below mile 233.9 above Head of 
Passesincluding South and Southwest Passes:
    (1) Supervision. The use, administration, and navigation ofthe 
waterways to which this paragraph applies shall be under thesupervision 
of the District Commander, Eighth Coast Guard District.
    (2) Speed; high-water precautions. When passing anothervessel (in 
motion, anchored, or tied up), a wharf or other structure,work under 
construction, plant engaged in river and harborimprovement, levees 
withstanding flood waters, building partially orwholly submerged by high 
water, or

[[Page 740]]

any other structure liable todamage by collision, suction or wave 
action, vessels shall give asmuch leeway as circumstances permit and 
reduce their speedsufficiently to preclude causing damages to the vessel 
or structurebeing passed. Since this subparagraph pertains directly to 
the mannerin which vessels are operated, masters of vessels shall be 
heldresponsible for strict observance and full compliance 
therewith.During high river stages, floods, or other emergencies, the 
DistrictCommander may prescribe by navigation bulletins or other means 
thelimiting speed in land miles per hour deemed necessary for the 
publicsafety for the entire section or any part of the waterways covered 
bythis paragraph, and such limiting speed shall be strictly observed.
    (3) Towing. Towing in any formation by a vessel withinsufficient 
power to permit ready maneuverability and safe handlingis prohibited.
    (c) Movement of vessels in vicinity of Algiers Point, New 
OrleansHarbor:
    (1) Control lights. When the Mississippi River reaches 8feet on the 
Carrollton Gage on a rising stage, and until the gagereads 9 feet on a 
falling stage, the movement of all tugs with towsand all ships, whether 
under their own power or in tow, but excludingtugs or towboats without 
tows or river craft of comparable size andmaneuverability operating 
under their own power, in the vicinity ofAlgiers Point shall be governed 
by red and green lights designated andlocated as follows: Governor 
Nicholls Light located on the leftdescending bank on the wharf shed at 
the upstream end of EsplanadeAvenue Wharf, New Orleans, approximately 
94.3 miles above Head ofPasses; and Gretna Light located on the right 
descending bank on topof the levee at the foot of Ocean Avenue, Gretna, 
approximately 96.6miles above Head of Passes. Governor Nicholls Light 
has lights visiblefrom both upstream and downstream, and Gretna Light 
has lights visiblefrom upstream, all indicating by proper color the 
direction of trafficaround Algiers Point. From downstream, Gretna Light 
always showsgreen. All lights are visible throughout the entire width of 
the riverand flash once every second. A green light displayed ahead of a 
vessel(in the direction of travel) indicates that Algiers Point is clear 
andthe vessel may proceed. A red light displayed ahead of a vessel 
(inthe direction of travel) indicates that Algiers Point is not clear 
andthe vessel shall not proceed. Absence of lights shall be considered 
adanger signal and no attempt shall be made to navigate through 
therestricted area.
    Note: To provide advance information to downbound vesselswhether the 
control light at Gretna (Gretna Light) is red or green, atraffic light 
is located at Westwego on the right descending bank, onthe river batture 
at the end of Avenue B, approximately 101.4 milesabove Head of Passes.
    (2) Ascending vessels. Ascending vessels shall not proceedfarther up 
the river than a line connecting the upper end of AtlanticStreet 
Discharge Light (on right descending bank) with the lower endof Desire 
Street Wharf (on left descending bank) when a red light isdisplayed. 
Vessels waiting for a change of signal shall keep clear ofdescending 
vessels.
    (3) Descending vessels. (i) Descending vessels shall notproceed 
farther down the river than a line connecting the lower end ofJulia 
Street Wharf (on left descending bank) with the verticalflagpole at 
Eastern Associated Terminals (on right descending bank)when a red light 
is displayed. Vessels shall round to and be headedupstream before they 
reach that line, if the signal remains againstthe vessel. Vessels 
waiting for a change of signal shall keep clear ofascending vessels.
    (ii) Vessels destined to a wharf above the lower end of JuliaStreet 
Wharf shall signal the Gretna towerman three long blasts andone short 
blast of a whistle or horn to indicate that the vessel isnot bound below 
the Julia Street Wharf.
    (iii) The master, pilot, or authorized representative of anyvessel 
scheduled to depart from a wharf between Governor NichollsLight and 
Louisiana Avenue, bound downstream around Algiers Point,shall 
communicate with the Governor Nicholls Light towerman bytelephone to 
determine whether the channel at Algiers Point is clearbefore departure. 
When the point is clear, vessels shall then proceedpromptly so

[[Page 741]]

that other traffic will not be unnecessarily delayed.
    Note: Telephone numbers of both signal towers will bepublished in 
navigation bulletins in advance of each operating period.
    (4) Minor changes. The District Commander is authorized towaive 
operation or suspension of the lights whenever prospective riverstages 
make it appear that the operation or suspension will berequired for only 
a brief period of time or when river stages willrise or fall below the 
critical stage which is established foroperation or suspension by only a 
few tenths on the Carrollton Gage.
    (5) Underpowered vessels. When the Carrollton Gage reads 12feet or 
higher, any vessel which is considered by the master or pilotas being 
underpowered or a poor handler shall not navigate aroundAlgiers Point 
without the assistance of a tug or tugs.
    (6) Towing. When the Carrollton Gage reads 12 feet orhigher, towing 
on a hawser in a downstream direction between JuliaStreet and Desire 
Street is prohibited except by special permission ofthe District 
Commander.
    (d) Navigation of South and Southwest Passes.
    (1) No vessel, except small craft and towboats and tugs withouttows, 
shall enter either South Pass or Southwest Pass from the Gulfuntil after 
any descending vessel which has approached within two andone-half (2\1/
2\) miles of the outer end of the jetties and visible tothe ascending 
vessel shall have passed to sea.
    (2) No vessel having a speed of less than ten mph shall enterSouth 
Pass from the Gulf when the stage of the Mississippi Riverexceeds 15 
feet on the Carrollton Gage at New Orleans. This paragraphdoes not apply 
when Southwest Pass is closed to navigation.
    (3) No vessel, except small craft and towboats and tugs withouttows, 
ascending South Pass shall pass Franks Crossing Light untilafter a 
descending vessel shall have passed Depot Point Light.
    (4) No vessel, except small craft and towboats and tugs withouttows, 
shall enter the channel at the head of South Pass until after 
anascending vessel which has reached Franks Crossing Light shall 
havepassed through into the river.
    (5) When navigating South Pass during periods of darkness no 
towshall consist of more than one towed vessel other than small 
craft,and during daylight hours no tow shall consist of more than two 
towedvessels other than small craft. Tows may be in any formation. 
Whentowing on a hawser, the hawser shall be as short as practicable 
toprovide full control at all times.
    (6) When towing in Southwest Pass during periods of darkness notow 
shall consist of more than two towed vessels other than smallcraft, and 
during daylight hours no tow shall consist of more thanthree towed 
vessels other than small craft.
    (e) Watch requirements for anchored and moored passenger vessels.
    (1) Passenger vessels. Except as provided in paragraph (e)(2) of 
this section, each passenger vessel with one or more passengerson board, 
must--
    (i) Keep a continuously manned pilothouse; and
    (ii) Monitor river activities and marine VHF, emergency andworking 
frequencies of the port, so as to be immediately available totake 
necessary action to protect the vessel, crew, and passengers ifan 
emergency radio broadcast, danger signal, or visual or otherindication 
of a problem is received or detected.
    (2) Each ferryboat, and each small passenger vessel to which 46CFR 
175.110 applies, may monitor river activities using a portableradio from 
a vantage point other than the pilothouse.
    (f) Each self-propelled vessel of 1,600 or more gross tons subjectto 
33 CFR part 164 shall also comply with the following:
    (1) While under way in the RNA, each vessel must have anengineering 
watch capable of monitoring the propulsion system,communicating with the 
bridge, and implementing manual-controlmeasures immediately when 
necessary. The watch must be physicallypresent in the machinery spaces 
or in the machinery-control spaces andmust consist of at least a 
licensed engineer.
    (2) Before embarking a pilot when entering or getting under way 
inthe

[[Page 742]]

RNA, the master of each vessel shall ensure that the vesselis in 
compliance with 33 CFR part 164.
    (3) The master shall ensure that the chief engineer has 
certifiedthat the following additional operating conditions will be 
satisfiedso long as the vessel is under way within the RNA:
    (i) The main propulsion plant is in all respects ready foroperations 
including the main-propulsion air-start systems, fuelsystems, 
lubricating systems, cooling systems, and automation systems;
    (ii) Cooling, lubricating, and fuel-oil systems are at 
properoperating temperatures;
    (iii) Main propulsion machinery is available to immediatelyrespond 
to the full range of maneuvering commands any load-limitingprograms or 
automatic acceleration-limiting programs that would limitthe speed of 
response to engine orders beyond that needed to preventimmediate damage 
to the propulsion machinery are capable of beingoverridden immediately.
    (iv) Main-propulsion standby systems are ready to be 
immediatelyplaced in service.
    (g) Movement of vessels in the vicinity of Eighty-One MilePoint, 
Geary LA mm 167.5-187.9 LMR. (1) Prior to proceedingupriver past MM 
167.5, LMR, Sunshine Bridge, vessels shall contactVessel Traffic Center 
(VTC) New Orleans on VHF Channel 63A to check-in. Vessels must provide 
name, destination, confirm proper operationof their automated 
identification system (AIS) if required under 33CFR 164.46 and, if 
applicable, size of tow and number of loaded andempty barges. At MM 
173.7, LMR, Bringier Point Light, ascendingvessels shall contact VTC New 
Orleans and provide a follow-on positioncheck. At both check-in and 
follow-on position check, VTC New Orleanswill advise the vessel on 
traffic approaching Eighty-One Mile Point.
    (2) Prior to proceeding downriver past MM 187.9, LMR, COS-MARLights, 
vessels shall contact Vessel Traffic Center (VTC) New Orleanson VHF 
Channel 63A to check-in. Vessels must provide name,destination, confirm 
proper operation of their automatedidentification system (AIS) if 
required under 33 CFR 164.46 and, ifapplicable, size of tow and number 
of loaded and empty barges. At MM183.9 LMR, Wyandotte Chemical Dock 
Lights, descending vessels shallcontact VTC New Orleans and provide a 
follow-on position check. Atboth check-in and follow-on position check 
VTC New Orleans will advisethe vessel on traffic approaching Eighty-One 
Mile Point.
    (3) All vessels getting underway between miles 167.5 and 187.9must 
check-in with VTC New Orleans on VHF Channel 63A immediatelyprior to 
getting underway and must comply with the respectiveascending and 
descending check-in and follow-on points listed inparagraphs (g)(1) and 
(g)(2) above.
    (4) Fleet vessels must check-in with VTC New Orleans if they 
leavetheir respective fleet or if they move into the main channel. 
Fleetvessels are not required to check-in if they are operating 
exclusivelywithin their fleet.

(Sec. 104, Pub. L. 92-340, 86 Stat. 424 (33 U.S.C.1224); sec. 2, Pub. L. 
95-474, 92 Stat. 1471 (33 U.S.C. 1223);49 CFR 1.46(n)(4))

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended byCGD 78-080, 44 FR 
47933, Aug. 16, 1979; CGD 86-049, 51FR 27840, Aug. 4, 1986. Redesignated 
by CGD 90-020, 59 FR36324, July 15, 1994; CGD 95-033, 60 FR 28333, May 
31, 1995;CCGD08-97-020, 62 FR 58653, Oct. 30, 1997; 64 FR 18813,Apr. 16, 
1999; CGD08-07-007, 72 FR 41625, July 31, 2007]



Sec. 165.811  Atchafalaya River, Berwick Bay, LA-regulated navigation area.

    (a) The following is a regulated navigation area: the waters ofthe 
Atchafalaya River in Berwick Bay bounded on the northside from2,000 
yards north of the U.S. 90 Highway Bridge and on the southsidefrom 4,000 
yards south of the Southern Pacific Railroad (SPRR) Bridge.
    (b) Within the regulated navigation area described in paragraph(a) 
of this section, Sec. 161.40 of this chapter establishesa VTS Special 
Area for waters within a 1000 yard radius of the SPRRBridge.
    (c) When the Morgan City River gauge reads 3.0 feet or above meansea 
level, in addition to the requirements set forth inSec. 161.13 of this 
chapter, the requirements of paragraph(d) and (e) of this section apply 
to a towing vessel which willnavigate:
    (1) under the lift span of the SPRR Bridge; or

[[Page 743]]

    (2) through the navigational opening of the U.S. 90 HighwayBridge: 
or
    (3) through the navigational opening of the Highway 182 Bridge.
    (d) Towing requirements. (1) Towing on a hawser is notauthorized, 
except that one self-propelled vessel may tow one othervessel without 
barges upbound;
    (2) A towing vessel and barges must be arranged in tandem, 
exceptthat one vessel may tow one other vessel alongside;
    (3) Length of tow must not exceed 1,180 feet; and
    (4) Tows with a box end in the lead must not exceed 400 feet 
inlength.
    Note: The variation in the draft and the beam of the bargesin a 
multi-barge tow should be minimized in order to avoid unnecessarystrain 
on coupling wires.
    (e) Horsepower Requirement. (1) The following requirementsapply to a 
towing vessel of 3,000 hp or less:

        Table 165.811(e)--MinimumAvailable Horsepower Requirement
                       [The greater value listed.]
------------------------------------------------------------------------
                           Daytime (sunrise to     Nighttime(sunset to
    Direction of tow             sunset)                 sunrise)
------------------------------------------------------------------------
Upbound................  400hp or (Length of     600hpor (Length of tow--
                          tow--300ft) x 3.        200ft) x 3.
Downbound..............  600hp or (Length of     600hpor (Length of tow)
                          tow--200ft) x 3.        x 3.
------------------------------------------------------------------------
Note: A 5% variance from the available horsepower isauthorized.

    (2) All tows carrying cargoes of particular hazard as defined 
inSec. 160.203 of this chapter must have available horsepowerof at 
least 600 hp or three times the length of tow, whichever isgreater.
    (f) Notice of Requirements. Notice that these rules areanticipated 
to be put into effect, or are in effect, will be given by:
    (1) Marine information broadcasts;
    (2) Notices to mariners;
    (3) Vessel Traffic Center advisories or upon vessel 
informationrequest; and

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended byCGD 95-033, 60 FR 
28333, May 31, 1995;CGD08-06-023, 72 FR 27741, May 17, 2007]



Sec. 165.812  Security Zones; Lower Mississippi River, Southwest Pass Sea Buoyto Mile Marker 96.0, New Orleans, LA.

    (a) Location. Within the Lower Mississippi River andSouthwest Pass, 
moving security zones are established around allcruise ships between the 
Southwest Pass Entrance Lighted Buoy``SW'', at approximate position 
28[deg]52[min]42[sec]N, 89[deg]25[min]54[sec] W [NAD 83] and Lower 
Mississippi Rivermile marker 96.0 in New Orleans, Louisiana. These 
moving securityzones encompass all waters within 500 yards of a cruise 
ship. Thesezones remain in effect during the entire transit of the 
vessel andcontinue while the cruise ship is moored or anchored.
    (b) Regulations. (1) Entry of persons and vessels into thesezones is 
prohibited unless authorized as follows.
    (i) Vessels may enter within 500 yards but not closer than 100feet 
of a cruise ship provided they operate at the minimum speednecessary to 
maintain a safe course.
    (ii) No person or vessel may enter within 100 feet of a cruiseship 
unless expressly authorized by the Coast Guard Captain of thePort New 
Orleans or his designated representative.
    (iii) Moored vessels or vessels anchored in a designated 
anchoragearea are permitted to remain within 100 feet of a cruise ship 
while itis in transit.
    (2) Vessels requiring entry within 500 yards of a cruise ship 
thatcannot slow to the minimum speed necessary to maintain a safe 
coursemust request express permission to proceed from the Captain of 
thePort New Orleans or his designated representative.
    (3) For the purpose of this rule the term ``cruiseship'' is defined 
as a passenger vessel over 100 gross tons,carrying more than 12 
passengers for hire, making a voyage lastingmore than 24 hours, any part 
of which is on the high seas, and forwhich passengers are embarked or 
disembarked in the United States orits territories.
    (4) The Captain of the Port New Orleans will inform the public ofthe 
moving security zones around cruise ships via Marine SafetyInformation 
Broadcasts.
    (5) To request permission as required by these regulations 
contact``New Orleans Traffic'' via VHF Channels 13/67 or viaphone at 
(504) 589-2780 or (504) 589-6261.
    (6) All persons and vessels within the moving security zones 
shallcomply with the instructions of the Captain of

[[Page 744]]

the Port NewOrleans and designated on-scene U.S. Coast Guard patrol 
personnel. On-scene U.S. Coast Guard patrol personnel include 
commissioned, warrant,and petty officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.

[COTP New Orleans-02-005, 67 FR 61989, Oct. 3,2002]



Sec. 165.813  Security Zones; Ports of Houston and Galveston, TX.

    (a) Location. Within the Ports of Houston and Galveston,Texas, 
moving security zones are established encompassing all waterswithin 500 
yards of a cruise ship between Galveston Bay ApproachLighted Buoy 
``GB'', at approximate position29[deg]21[min]18[sec] N, 
94[deg]37[min]36[sec] W [NAD 83] and upto, and including, Barbours Cut. 
These zones remain in effect duringthe inbound and outbound entire 
transit of the cruise ship andcontinues while the cruise ship is moored 
or anchored.
    (b) Regulations. (1) Entry of vessels or persons into thesezones is 
prohibited unless authorized as follows.
    (i) Vessels may enter within 500 yards but not closer than 100yards 
of a cruise ship provided they operate at the minimum speednecessary to 
maintain a safe course.
    (ii) No person or vessel may enter within 100 yards of a cruiseship 
unless expressly authorized by the Coast Guard Captain of thePort 
Houston-Galveston. Where the Houston Ship Channel narrows to 400feet or 
less between Houston Ship Channel Entrance Lighted Bell Buoy``18'', 
light list no. 34385 at approximately29[deg]21[min]06[sec] N, 
94[deg]47[min]00[sec] W [NAD 83] andBarbours Cut, the Captain of the 
Port Houston-Galveston may permitvessels that must transit the navigable 
channel between these pointsto enter within 100 yards of a cruise ship.
    (iii) Moored vessels or vessels anchored in a designated 
anchoragearea are permitted to remain within 100 yards of a cruise ship 
whileit is in transit.
    (2) Vessels requiring entry within 500 yards of a cruise ship 
thatcannot slow to the minimum speed necessary to maintain a safe 
coursemust request express permission to proceed from the Captain of 
thePort Houston-Galveston, or his designated representative.
    (3) For the purpose of this section the term ``cruiseship'' is 
defined as a passenger vessel over 100 gross tons,carrying more than 12 
passengers for hire, making a voyage lastingmore than 24 hours, any part 
of which is on the high seas, and forwhich passengers are embarked or 
disembarked in the United States orits territories.
    (4) The Captain of the Port Houston-Galveston will inform thepublic 
of the moving security zones around cruise ships via MarineSafety 
Information Broadcasts.
    (5) To request permission as required by these regulations 
contact``Houston Traffic'' via VHF Channels 11/12 or via phone at(713) 
671-5103.
    (6) All persons and vessels within the moving security zone 
shallcomply with the instructions of the Captain of the Port Houston-
Galveston and designated on-scene U.S. Coast Guard patrol personnel.On-
scene U.S. Coast Guard patrol personnel include commissioned,warrant, 
and petty officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.

[COTP Houston-Galveston-02-010, 67 FR 64048,Oct. 17, 2002]



Sec. 165.814  Security Zones; Captain of the Port Houston-Galveston Zone.

    (a) Location. The following areas are designated as securityzones:
    (1) Houston, Texas. The Houston Ship Channel and allassociated 
turning basins, bounded by a line drawn between HoustonShip Channel 
Light 132 (LLNR-24445) and Houston Ship ChannelLight 133 (LLNR-24450) 
west to the T & N Rail Road SwingBridge at the entrance to Buffalo 
Bayou, including all waters adjacentto the ship channel from shoreline 
to shoreline and the first 200yards of connecting waterways.
    (2) Morgan's Point, Texas. The Barbours Cut Ship Channel andTurning 
Basin containing all waters west of a line drawn betweenJunction Light 
``Barbours Cut'' 29[deg]41[min]12[sec]N, 94[deg]59[min]12[sec] W

[[Page 745]]

(LLNR-23525), and HoustonShip Channel Light 91, 29[deg]41[min]00[sec] 
N,94[deg]59[min]00[sec] W (LLNR-23375) (NAD 1983).
    (3) Bayport, TX. The Port of Bayport, Bayport Ship Channeland 
Bayport Turning Basin containing all waters south of 
latitude28[deg]36[min]45[sec] N and west of Bayport Ship Channel Light 
9(LLNR-23295) (NAD 1983).
    (4) Texas City, Texas. The Port of Texas City Channel,Turning Basin 
and Industrial Canal containing all waters bounded bythe area south and 
west of a line drawn from Texas City Channel Light19 (LLNR 24810) 
through Cut B Inner Range Front Light (LLNR 24765) andterminating on 
land in position 29[deg]23[min]16[sec] N,94[deg]53[min]15[sec] W (NAD 
1983).
    (5) Freeport, Texas. (i) The Dow Barge Canal containing allwaters 
bounded by its junction with the Intracoastal Waterway, by aline drawn 
between the eastern point at latitude28[deg]56[min]48[sec] N, 
95[deg]18[min]20[sec] W, and thewestern point at 28[deg]56[min]40[sec] 
N, 95[deg]18[min]33[sec]W (NAD 1983).
    (ii) The Brazos Harbor containing all waters west of a line 
drawnbetween the northern point at 28[deg]56[min]27[sec] 
N,95[deg]20[min]00[sec] W, and the southern point28[deg]56[min]09[sec] 
N, 95[deg]20[min]00[sec] W (NAD 1983) atits junction with the Old Brazos 
River Cut.
    (b) Effective dates. This section is effective on April 15,2003.
    (c) Regulations. (1) Entry of into these zones is prohibitedexcept 
for the following:
    (i) Commercial vessels operating at waterfront facilities 
withinthese zones;
    (ii) Commercial vessels transiting directly to or from 
waterfrontfacilities within these zones;
    (iii) Vessels providing direct operational/logistic support 
tocommercial vessels within these zones;
    (iv) Vessels operated by the appropriate port authority or 
byfacilities located within these zones; and
    (v) Vessels operated by federal, state, county, or 
municipalagencies.
    (2) Other persons or vessels requiring entry into a zone describedin 
this section must request express permission to enter from theCaptain of 
the Port Houston-Galveston, or designated representative.
    (3) To request permission as required by these regulations 
contact``Houston Traffic'' via VHF Channels 11/12 or by phone at(713) 
671-5103.
    (4) All persons and vessels shall comply with the instructions ofthe 
Captain of the Port Houston-Galveston and designated on-scene U.S.Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrolpersonnel 
include commissioned, warrant, and petty officers of theU.S. Coast 
Guard.

[COTP Houston-Galveston-02-009, 67 FR 23593, May5, 2003]



Sec. 165.815  Ohio River at Louisville, KY; regulated navigation area.

    (a) The following is a regulated navigation area: The waters ofthe 
Ohio River from the Clark Memorial (Highway) Bridge at Mile 
603.5,downstream to McAlpine Dam at Mile 604.4.
    (b) The general regulations governing regulated navigation 
areacontained in 33 CFR part 165, subpart B apply.
    (c) No pleasure or fishing craft shall be operated within 
theregulated navigation area at any time without prior permission of 
theCaptain of the Port, Louisville, Kentucky, except in case of 
emergencyand except for passage through McAlpine Lock.

[CGD 2-89-04, 55 FR 23203, June 7, 1990.Redesignated by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.817  Arkansas River, Mile 118.2 to 125.4, Little RockArkansas--regulated navigation area.

    (a) Location. The following is a regulated navigation area (RNA):The 
waters of the Arkansas River between mile 118.2 and mile 125.4.
    (b) Regulations. Transit of the RNA is limited during periods ofhigh 
velocity flow, defined as the flow rate of 70,000 cubic feet persecond 
or more at the Murray Lock and Dam at mile 125.4. The flow rateat this 
location is calculated by the U.S. Army Corps of Engineers ona regular 
and routine basis. This information will be distributed byannouncements 
by Coast Guard Marine Information Broadcasts,publication in Coast Guard 
Local Notice to Mariners, and telephone orradio contact with the 
Lockmaster at Murray Lock and Dam.
    (c) Transit of the RNA during periods of high velocity flow mayonly 
occur under the following conditions:

[[Page 746]]

    (1) Vessels may not meet or pass in the RNA.
    (2) No vessel shall anchor, stop, remain or drift without power 
atany time in the RNA.
    (3) All vessels shall continually monitor VHF-FM channel 13 ontheir 
radiotelephone while in or approaching the RNA.
    (4) Prior to entering the RNA, downbound vessels shall make 
abroadcast in the blind on VHF-FM channel 13 announcing their 
estimatedtime of departure from Murray Lock and Dam or from the mooring 
cellsat mile 121.5 to ensure there are no upbound vessels within the 
RNA.If there is upbound traffic within the RNA, the downbound vessel 
shallnot depart until the upbound vessel has passed through the RNA. 
Afterdeparting, vessels will proceed through the RNA, including 
alldrawbridges located therein, without delay.
    (5) When upbound vessels reach mile 116, they shall make abroadcast 
in the blind on VHF-FM channel 13 announcing their estimatedarrival time 
at the Rock Island Railroad Bridge at mile 118.2.
    (6) When a downbound vessel is already in the RNA, an upboundvessel 
shall adjust its speed so as to avoid a meeting situation inthe RNA.
    (d) Refer to 33 CFR 117.123 for drawbridge operation regulations.

[CGD2-90-04, 57 FR 22176, May 27, 1992.Redesignated by CGD 96-026, 61 FR 
33669, June 28, 1996]



Sec. 165.820  Security Zone; Ohio River Mile, 34.6 to 35.1, Shippingport,Pennsylvania.

    (a) Location. The following area is a security zone: Thewaters of 
the Ohio River, extending 200 feet from the shoreline of theleft 
descending bank beginning from mile marker 34.6 and ending atmile marker 
35.1.
    (b) Regulations. (1) Entry into or remaining in this zone 
isprohibited unless authorized by the Coast Guard Captain of the 
Port,Pittsburgh.
    (2) Persons and vessels desiring to transit the area of thesecurity 
zone may contact the Captain of the Port Pittsburgh attelephone number 
412-644-5808 or on VHF channel 16 toseek permission to transit the area. 
If permission is granted, allpersons and vessels must comply with the 
instructions of the Captainof the Port Pittsburgh or his designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.

[COTP Pittsburgh-02-005, 67 FR 40163, June 12,2002]



Sec. 165.821  Ohio River at Cincinnati, OH; regulated navigation area.

    (a) Location. The following is a regulated navigation area(RNA)--The 
waters of the Ohio River between mile 466.0 and mile473.0.
    (b) Activation. The restrictions in paragraphs (c) (1)through (4) 
are in effect from one-half hour before sunset to one-halfhour after 
sunrise when the Cincinnati, Ohio, Ohio River Gauge is ator above the 45 
foot level. The Captain of the Port, Louisville,Kentucky will publish a 
notice in the Local Notice to Mariners andwill make announcements by 
Coast Guard Marine Information Broadcastswhenever the river level 
measured at the gauge activates or terminatesthe navigation restrictions 
in this section.
    (c) Regulations. (1) Transit through the RNA by alldownbound vessels 
towing cargoes regulated by Title 46 Code of FederalRegulations 
Subchapters D and O with a tow length exceeding 600 feetexcluding the 
tow boat is prohibited.
    (2) No vessel shall loiter, anchor, stop, remain or drift 
withoutpower at any time within the navigation channel of the RNA.
    (3) All commercial vessels shall continually monitor VHF-FMchannel 
13 on their radiotelephone while in or approaching the RNA.
    (4) Between Ohio River miles 464.0 and 466.0, downbound vesselsshall 
make a broadcast in the blind, on VHF-FM channel 13 announcingtheir 
estimated time of entering the RNA.

[CGD02-95-003, 61 FR 2417, Jan. 26, 1996.Redesignated by CGD 97-023, 62 
FR 33365, June 19, 1997, asamended by USCG-1998-3799, 63 FR 35533, June 
30, 1998]



Sec. 165.825  Security Zones; Captain of the Port St. Louis, Missouri.

    (a) Location. The following areas are security zones:

[[Page 747]]

    (1) Fort Calhoun Nuclear Power Station Security Zone, FortCalhoun, 
Nebraska--all waters of the Missouri River,extending 75 feet from the 
shoreline of the right descending bankbeginning from mile marker 645.6 
and ending at mile marker 646.0.
    (2) Cooper Nuclear Station Security Zone, Brownville,Nebraska--all 
waters of the Missouri River, extending 250feet from the shoreline of 
the right descending bank beginning frommile marker 532.5 and ending at 
mile marker 532.9.
    (3) Quad Cities Generating Station Security Zone, Cordova,Illinois--
all waters of the Upper Mississippi River,extending 300 feet from the 
shoreline of the left descending bankbeginning from mile marker 506.3 
and ending at mile marker 507.3.
    (4) Prairie Island Nuclear Generating Facility Security Zone,Welch, 
Minnesota--all waters of the Upper Mississippi River,extending 300 feet 
from the shoreline of the right descending bankbeginning from mile 
marker 798.0 and ending at 798.3.
    (5) Clinton Power Station Security Zone, Clinton,Illinois--all 
waters of Lake Clinton in Dewitt County in EastCentral Illinois bounded 
by a dam constructed near the confluence ofSalt Creek River mile 56 and 
the north fork of Salt Creek. The zoneextends out 600 feet from shore. 
Boundaries of the zone begin at40[deg]10[min]30[sec] N, 
88[deg]50[min]30[sec] W; thence east to40[deg]10[min]30[sec] N, 
88[deg]49[min]55[sec] W; thence southto 40[deg]10[min]15[sec] N, 
88[deg]49[min]55[sec] W; thence westto 40[deg]10[min]15[sec] N, 
88[deg]50[min]30[sec] W; thencereturning north to the origin. These 
coordinates are based upon [NAD83].
    (b) Regulations. (1) Entry into these security zones isprohibited 
unless authorized by the Coast Guard Captain of the Port,St. Louis or 
designated representative.
    (2) The Ft. Calhoun and Cooper security zones include a portion 
ofthe navigable channel of the Missouri River. All vessels that 
maysafely navigate outside of the channel are prohibited from 
enteringthe security zone without the express permission of the Captain 
of thePort St. Louis or designated representative. Vessels that are 
requiredto use the channel for safe navigation are authorized entry into 
thezone but must remain within the channel unless expressly authorized 
bythe Captain of the Port St. Louis or designated representative.
    (3) Persons or vessels requiring the Captain of the Port St.Louis' 
permission to enter the security zones must contact the CoastGuard 
Sector Upper Mississippi River at telephone number 319524-7511 or on VHF 
marine channel 16 or Marine SafetyDetachment Quad Cities at telephone 
number 309 782-0627 or theCaptain of the Port, St. Louis at telephone 
number 314539-3091, ext. 3500 in order to seek permission to enter 
thesecurity zones. If permission is granted, all persons and vessels 
mustcomply with the instructions of the Captain of the Port, St. Louis 
ordesignated representative.
    (4) Designated representatives are commissioned, warrant, andpetty 
officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.

[COTP St. Louis-02-005, 67 FR 64043, Oct. 17,2002]



Sec. 165.830  Regulated Navigation Area; Reporting Requirements for BargesLoaded with Certain Dangerous Cargoes, Inland Rivers, Eighth CoastGuard District.

    (a) Regulated Navigation Area. The following waters are aregulated 
navigation area (RNA): the Mississippi River above mile235.0, Above Head 
of Passes, including all its tributaries; theAtchafalaya River above 
mile 55.0, including the Red River; the OhioRiver and all its 
tributaries; and the Tennessee River from itsconfluence with the Ohio 
River to mile zero on the Mobile River andall other tributaries between 
these two rivers.
    (b) Applicability. This section applies to towing vesseloperators 
and fleeting area managers responsible for CDC barges in theRNA. This 
section does not apply to:
    (1) Towing vessel operators responsible for barges not carryingCDCs 
barges, or
    (2) Fleet tow boats moving one or more CDC barges within afleeting 
area.
    (c) Definitions. As used in this section--

[[Page 748]]

    Barge means a non-self propelled vessel engaged incommerce, as set 
out in 33 CFR 160.204.
    Certain Dangerous Cargo or (CDC) includes any of thefollowing:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
    (2) Division 1.5D blasting agents for which a permit is 
requiredunder 49 CFR 176.415 or, for which a permit is required as a 
conditionof a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49CFR 172.101 that 
is also a ``material poisonous byinhalation'' as defined in 49 CFR 
171.8, and that is in aquantity in excess of 1 metric ton per barge.
    (4) Division 5.1 oxidizing materials for which a permit isrequired 
under 49 CFR 176.415 or, for which a permit is required as acondition of 
a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiaryclassification 
of Division 6.1 ``poisonous material'' aslisted in 49 CFR 172.101 that 
is also a ``material poisonous byinhalation'', as defined in 49 CFR 
171.8 and that is in a bulkpackaging, or that is in a quantity in excess 
of 20 metric tons perbarge when not in a bulk packaging.
    (6) Class 7, ``highway route controlled quantity''radioactive 
material or ``fissile material, controlledshipment'', as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and bulk liquefied gas cargo thatis 
flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids--
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile,
    (viii) Oleum (fuming sulfuric acid), and
    (ix) Propylene oxide.
    CDC barge means a barge containing CDCs or CDC residue.
    Downbound means the tow is traveling with the current.
    Eighth Coast Guard District means the Coast Guard Districtas set out 
in 33 CFR 3.40-1.
    Fleeting area means any fleet, including any facility,located within 
the area covered by one single port.
    Fleet tow boat means any size vessel that is used to move,transport, 
or deliver a CDC barge within a fleeting area.
    Inland River Vessel Movement Center or (IRVMC) meansthe Coast Guard 
office that is responsible for collecting theinformation required by 
this section.
    Towing vessel means any size vessel that is used to move,transport, 
or deliver a CDC barge to a fleet or facility that islocated in a 
different port than where the voyage originated.
    Towing vessel operator means the Captain or pilot who is onwatch on 
board a towing vessel.
    Upbound means the tow is traveling against the current.
    (d) Regulations. The following must report to the InlandRiver Vessel 
Movement Center (IRVMC):
    (1) The towing vessel operator responsible for one or more CDCbarges 
in the RNA must report all the information items specified intable 
165.830(f), in paragraph (f) of this section, to the IRVMC:
    (i) Upon point of entry into the RNA with one or more CDC barges;
    (ii) Four hours before originating a voyage within the RNA withone 
or more CDC barges, except if the evolution of making up a towwith a CDC 
barge will take less than four hours before originating avoyage, and the 
towing vessel operator did not receive the order tomake up a tow with a 
CDC barge in advance of four hours beforeoriginating the voyage with one 
or more CDC barges, in which case thetowing vessel operator shall submit 
the required report to the IRVMCas soon as possible after receiving 
orders to make up a tow with oneor more CDC barges;
    (iii) Upon dropping off one or more CDC barges at a fleeting areaor 
facility;
    (iv) Upon picking up one or more additional CDC barges from 
afleeting area or facility;

[[Page 749]]

    (v) At designated reporting points, set forth in paragraph(e) of 
this section;
    (vi) When the estimated time of arrival (ETA) to a reporting 
pointvaries by 6 hours from the previously reported ETA;
    (vii) Any significant deviation from previously reportedinformation;
    (viii) Upon departing the RNA with one or more CDC barges; and
    (ix) When directed by the IRVMC.
    (2) The fleeting area manager responsible for one or more CDCbarges 
in the RNA must report all the information items specified intable 
165.830(g), in paragraph (g) of this section, to the IRVMC:
    (i) Once daily, report all CDC barges within the fleeting area;
    (ii) Upon moving one or more CDC barges within a fleeting area bya 
fleet tow boat;
    (iii) Any significant deviation from previously reportedinformation; 
and
    (iv) When directed by the IRVMC.
    (3) Reports required by this section may be made by a 
companyrepresentative or dispatcher on behalf of the fleeting area 
manager.
    (4) Reports required by this section must be made to the IRVMCeither 
by telephone to (866) 442-6089, by fax to (866)442-6107, or by e-mail to 
[email protected]. Areporting form and e-mail link are available 
athttp://www.uscg.mil/d8/Divs/M/IRVMC.htm.
    (5) The general regulations contained in 33 CFR 165.13 apply tothis 
section.
    (e) Eighth Coast Guard District Inland River RNA Reportingpoints. 
Towing vessel operators responsible for one or more CDCbarges in the RNA 
must make reports to the IRVMC at each point listedin this paragraph 
(e):
(1) Lower Mississippi River (LMR), between Mile Markers (M):
    (i) M 235.0-240.0 (Entering & Exiting RNA)
    (ii) M 338.0-343.0
    (iii) M 430.0-435.0
    (iv) M 520.0-525.0
    (v) M 621.0-626.0
    (vi) M 695.0-700.0
    (vii) M 772.0-777.0
    (viii) M 859.0-864.0
    (ix) M 945.0-950.0
(2) Upper Mississippi River (UMR), between Mile Markers (M) andDeparting 
          Lock & Dam (L&D), unless otherwise indicated:
    (i) L&D 3
    (ii) L&D 4
    (iii) L&D 8
    (iv) L&D 11
    (v) L&D 14
    (vi) L&D 18
    (vii) L&D 21
    (viii) L&D 25
    (ix) Arriving Melvin Price L&D (downbound)
    (x) Departing Melvin Price L&D (upbound)
    (xi) M 150.0-145.0
    (xii) M 66.0-61.0
(3) Missouri River (MOR), between Mile Markers (M):
    (i) M 54.0-56.0
    (ii) M 115.0-117.0
    (iii) M 208.0-210.0
    (iv) M 326.0-328.0
    (v) M 397.0-399.0
    (vi) M 487.0-489.0
    (vii) M 572.0-574.0
    (viii) M 652.0-654.0
    (ix) M 745.0-750.0
(4) Illinois River (ILR), at Mile Marker (M) and Lock & Dam(L&D), as 
          indicated:
    (i) M 0.0
    (ii) Departing New LaGrange L&D
    (iii) M 140.0
    (iv) M 187.2 (Entering & Exiting RNA)
(5) Ohio River, between Mile Markers (M) and at Lock & Dam(L&D), as 
          indicated:
    (i) M 950.0-952.0
    (ii) Arriving Smithland L&D
    (iii) M 826.0-828.0
    (iv) M 748.0-750.0
    (v) M 673.0-675.0
    (vi) M 628.0-630.0
    (vii) M 556.0-559.0
    (viii) M 511.0-513.0
    (ix) Departing Capt Anthony Meldahl L&D
    (x) Arriving Greenup L&D (upbound)
    (xi) Departing Greenup L&D (downbound)
    (xii) Departing Robert C. Byrd L&D (upbound)
    (xiii) Arriving Robert C. Bryd L&D (downbound)
    (xiv) Departing Belleville L&D
    (xv) Departing Hannibal L&D
    (xvi) Departing Montgomery L&D
(6) Allegheny River at Lock & Dam (L&D), as indicated:
    (i) Departing L&D 4 (upbound)
    (ii) Arriving L&D 4 (downbound)
(7) Monongahela River Departing Lock & Dam (L&D):
    (i) Grays Landing L&D
    (ii) L&D 3
(8) Kanawha River, at Lock & Dam (L&D), as indicated:
    (i) Arriving Winfield L&D (upbound)
    (ii) Departing Winfield L&D (downbound)
(9) Cumberland River, between Mile Markers (M) and Departing Lock& Dam 
          (L&D), unless otherwise indicated:
    (i) Departing Old Hickory L&D (upbound)
    (ii) Arriving Old Hickory L&D (downbound)
    (iii) M 127.0-129.0
    (iv) Barkley L&D

[[Page 750]]

(10) Tennessee River, between Mile Markers (M) and whenDeparting Lock & 
          Dam (L&D), unless otherwise indicated:
    (i) Fort Loudon L&D
    (ii) Watts Bar L&D
    (iii) Departing Chickamauga L&D (upbound)
    (iv) Arriving Chickamauga L&D (downbound)
    (v) Nickajack L&D
    (vi) Gunterville L&D
    (vii) General Joe Wheeler L&D
    (viii) Pickwick Landing L&D
    (ix) M 122.0-124.0
    (x) Kentucky L&D
(11) Tennessee-Tombigbee River, between Mile Markers (M) and 
          whenDeparting Lock & Dam (L&D):
    (i) Lock D
    (ii) Aberdeen L&D
    (iii) Aliceville L&D
    (iv) M 202.0-203.0
    (v) Coffeeville L&D
(12) Mobile River, at Mile Marker (M):
    (i) 0.0 (Entering & Exiting RNA)
    (ii) [Reserved]
(13) Black Warrior River, when Departing L&D:
    (i) Holt L&D
    (ii) [Reserved]
(14) Alabama River, when Departing L&D:
    (i) Claiborne L&D
    (ii) Henry L&D
(15) McClellan-Kerr Arkansas River Navigation System, whenDeparting Lock 
          & Dam (L&D), unless otherwise indicated:
    (i) Chouteau L&D
    (ii) W.D. Mayo L&D
    (iii) Ozark-Jeta Taylor L&D
    (iv) L&D 9
    (v) Arriving David D. Terry L&D (upbound)
    (vi) Departing David D. Terry L&D (downbound)
    (vii) L&D 2
(16) Red River, between Mile Markers (M) and when Departing Lock& Dam 
          (L&D):
    (i) L.C. Boggs L&D
    (ii) Lock 3
    (iii) M 178.0-180.0
(17) Atchafalaya River, at Mile Marker (M):
    (i) 55.0 (Entering & Exiting RNA)
    (ii) [Reserved]
    (f) Information to be reported to the IRVMC by towing 
vesseloperators. With the exception noted in paragraph (d)(1)(ii) of 
thissection, towing vessel operators responsible for one or more 
CDCbarges in the RNA must report all the information required by 
thissection as set out in table 165.830(f) of this paragraph.

[[Page 751]]



                                   Table 165.830(f)--Information To Be Reported to the IRVMC byTowing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              Estimated
                                                                                              Estimated    Name and location                    time
                                                   Name of                     Type, name       time       ofdestination of                   ofarrival
                                     24-hour       vessel      Barge(s) name   and amount    ofdeparture       CDC barge        Reporting     (ETA) to
                                     contact       moving           and          of CDC         from       (fleeting area or      point         next
                                     number       barge(s)    officialnumber     onboard      fleeting        facility),                      reporting
                                                                                               area or    includingestimated                  point (If
                                                                                              facility      time of arrival                  applicable)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the            X             X              X              X   ............                 X              X             X
 RNA with a CDCbarge............
(2) 4 hours before to                       X             X              X              X             X                  X    ............            X
 originating a voyage within the
 RNA withone or more CDC barges;
 but see exception in paragraph
 (d)(1)(ii) ofthis section
(3) Upon dropping off one or      ............            X              X    ............  ............  ..................  ............  ............
 more CDC barges at a fleeting
 areaor facility
(4) Upon picking up one or more   ............            X              X              X   ............  ..................  ............  ............
 additional CDC barges from
 afleeting area or facility
(5) At designated reporting       ............            X              X          (\1\)   ............             (\1\)              X             X
 points in table 165.830(e).....
(6) When ETA to a reporting       ............            X          (\1\)          (\1\)   ............  ..................  ............            X
 point varies by 6 hours
 frompreviously reported ETA....
(7) Any significant deviation               X             X              X              X             X                  X              X             X
 from previously reported
 information(all that apply)....
(8) Upon departing the RNA with   ............            X              X    ............  ............  ..................            X   ............
 a CDC barge(s).................
(9) When directed by the IRVMC..            X             X              X              X             X                  X              X             X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.


[[Page 752]]

    (g) Information to be reported to the IRVMC by fleetingarea 
managers. Fleeting area managers responsible for one or moreCDC barges 
in the RNA must report the information required by thissection as set 
out in table 165.830(g) of this paragraph.

               Table 165.830(g)--Information To Be Reported to the IRVMC by Fleeting AreaManagers
----------------------------------------------------------------------------------------------------------------
                                                           Barge(s) name      Type, name and     Locationof CDC
                                       24-hour contact      andofficial       amount of CDC     barge (fleeting
                                            number             number            onboard       area or facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a                  X                  X                  X                  X
 fleeting area......................
(2) Upon moving one or more CDC       .................                 X                  X                  X
 barges within a fleeting area by
 afleet tow boat....................
(3) Any significant deviation from                   X                  X                  X                  X
 previously reported information(all
 that apply)........................
(4) When directed by the IRVMC......                 X                  X                  X                  X
----------------------------------------------------------------------------------------------------------------

    (h) Alternative reporting. The Eighth Coast Guard DistrictCommander 
may consider and approve alternative methods to be used by areporting 
party to meet any reporting requirements if--
    (1) the request is submitted in writing to Commander, Eighth 
CoastGuard District (m), Hale Boggs Federal Bldg., 501 Magazine Street, 
NewOrleans, LA 70130; and
    (2) the alternative provides an equivalent level of the 
reportingthat which would be achieved by the Coast Guard with the 
requiredcheck-in points.
    (i) Deviation from this section is prohibited unless 
specificallyauthorized by the Commander, Eighth Coast Guard District or 
the IRVMC.

(Approved by the Office of Management and Budget under OMBcontrol number 
1625-0105)

[CDG08-03-029, 68 FR 57363, Oct. 3, 2003; 68 FR63988, Nov. 12, 2003, as 
amended at 68 FR 69959, Dec. 16, 2003]



Sec. 165.835  Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL.

    (a) Definition. As used in this section--
    Cruise ship means a passenger vessel over 100 gross tons,carrying 
more than 12 passengers for hire, making a voyage lastingmore than 24 
hours any part of which is on the high seas, and forwhich passengers are 
embarked or disembarked in the United States orits territories. This 
definition covers passenger vessels that mustcomply with 33 CFR parts 
120 and 128.
    (b) Location. The following areas are security zones: allwaters of 
the Port of Mobile and Mobile Ship Channel--
    (1) Within 100 yards of a cruise ship that is transiting shorewardof 
the Mobile Sea Buoy (located in approximate 
position28[deg]07[min]50[sec] N, 88[deg]04[min]12[sec] W; NAD 83), and
    (2) Within 25 yards of a cruise ship that is moored shoreward ofthe 
Mobile Sea Buoy.
    (c) Periods of enforcement. This rule will only be enforcedwhen a 
cruise ship is transiting the Mobile Ship Channel shoreward ofthe Mobile 
Sea Buoy, while transiting in the Port of Mobile, or whilemoored in the 
Port of Mobile. The Captain of the Port Mobile or adesignated 
representative would inform the public through broadcastnotice to 
mariners of the enforcement periods for the security zone.
    (d) Regulations. (1) Under Sec. 165.33 of thispart, entry into a 
security zone is prohibited unless authorized bythe Captain of the Port 
Mobile or a designated representative.
    (2) While a cruise ship is transiting on the Mobile Ship 
Channelshoreward of the Mobile Sea Buoy, and while transiting in the 
Port ofMobile, all persons and vessels are prohibited from entering 
within100 yards of a cruise ship.
    (3) While a cruise ship is moored in the Port of Mobile, allpersons 
and vessels are prohibited from entering within 25 yards of acruise 
ship.
    (4) Persons or vessels that desire to enter into the security 
zonefor the purpose of passing or overtaking a cruise ship that is 
intransit on the Mobile Ship Channel or in the Port of Mobile 
mustcontact the on-scene Coast

[[Page 753]]

Guard representative, requestpermission to conduct such action, and 
receive authorization from theon-scene Coast Guard representative prior 
to initiating such action.The on-scene Coast Guard representative may be 
contacted on VHF-FMchannel 16.
    (5) All persons and vessels authorized to enter into this 
securityzone must obey any direction or order of the Captain of the Port 
ordesignated representative. The Captain of the Port Mobile may 
becontacted by telephone at (251) 441-5976. The on-scene CoastGuard 
representative may be contacted on VHF-FM channel 16.
    (6) All persons and vessels shall comply with the instructions ofthe 
Captain of the Port Mobile and designated on-scene U.S. CoastGuard 
patrol personnel. On-scene Coast Guard patrol personnel 
includecommissioned, warrant, and petty officers of the U.S. Coast 
Guard.

[COTP Mobile-04-057, 70 FR 20813, Apr. 22, 2005]

                       Ninth Coast Guard District



Sec. 165.901  Great Lakes--regulated navigation areas.

    (a) Lake Huron. The following are regulated navigationareas:
    (1) The waters of Lake Huron known as South Channel between 
BoisBlanc Island and Cheboygan, Michigan; bounded by a line north 
fromCheyboygan Crib Light (LL-1340) at 45[deg]39[min]48[sec] 
N,84[deg]27[min]36[sec] W; to Bois Blanc Island at45[deg]43[min]42[sec] 
N, 84[deg]27[min]36[sec] W; and a linenorth from the mainland at 
45[deg]43[min]00[sec] N,84[deg]35[min]30[sec] W; to the western tangent 
of Bois BlancIsland at 45[deg]48[min]42[sec] N, 84[deg]35[min]30[sec] W.
    (2) The waters of Lake Huron between Mackinac Island and St.Ignace, 
Michigan, bounded by a line east from position45[deg]52[min]12[sec] N, 
84[deg]43[min]00[sec] W; to MackinacIsland at 45[deg]52[min]12[sec] N, 
84[deg]39[min]00[sec] W; anda line east from the mainland at 
45[deg]53[min]12[sec] N,84[deg]43[min]30[sec] W; to the northern tangent 
of Mackinac Islandat 45[deg]53[min]12[sec] N, 84[deg]38[min]48[sec] W.
    (b) Lake Michigan. The following is a regulated navigationarea--The 
waters of Lake Michigan known as Gray's Reef Passagebounded by a line 
from Gray's Reef Light (LL-2006) at45[deg]46[min]00[sec] N, 
85[deg]09[min]12[sec] W; to WhiteShoals Light (LL-2003) at 
45[deg]50[min]30[sec] N,85[deg]08[min]06[sec] W; to a point at 
45[deg]49[min]12[sec] N,85[deg]04[min]48[sec] W; then to a point 
at45[deg]45[min]42[sec] N, 85[deg]08[min]42[sec] W; then to thepoint of 
beginning.
    (c) Regulations. The COTP, Sault Ste. Marie, will close andopen 
these regulated navigation areas as ice conditions dictate. Undernormal 
seasonal conditions, only one closing each winter and oneopening each 
spring are anticipated. Prior to the closing or openingof the regulated 
navigation areas, the COTP will give interestedparties, including both 
shipping interests and island residents, notless than 72 hours notice of 
the action. No vessel may navigate in aregulated navigation area which 
has been closed by the COTP. Underemergency conditions, the COTP may 
authorize specific vessels tonavigate in a closed regulated navigation 
area.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.902  Niagara River at Niagara Falls, New York--safety zone.

    (a) The following is a safety zone--The United States watersof the 
Niagara River from the crest of the American and HorseshoeFalls, Niagara 
Falls, New York to a line drawn across the NiagaraRiver from the 
downstream side of the mouth of Gill Creek to theupstream end of the 
breakwater at the mouth of the Welland River.



Sec. 165.903  Safety Zones: Cuyahoga River and Old River, Cleveland, OH.

    (a) Location. The waters of the Cuyahoga River and the OldRiver 
extending ten feet into the river at the following elevenlocations, 
including the adjacent shorelines, are safety zones,coordinates for 
which are based on NAD 83.
    (1) From the point where the shoreline intersects 
longitude81[deg]42[min]24.5[sec] W, which is the southern side of 
theNorfolk and Southern No. 1 railroad bridge, southeasterly along 
theshore for six hundred (600) feet to the point where the 
shorelineintersects longitude 81[deg]42[min]24.5[sec] W, which is the 
HolyMoses Water Taxi Landing at Fado's Restaurant.
    (2) One hundred (100) feet downriver to one hundred (100) 
feetupriver from

[[Page 754]]

41 degrees 29[min]53.5[sec] N, 81 degrees42[min]33.5[sec] W, which is 
the knuckle on the north side of theOld River entrance at Ontario Stone.
    (3) Fifty (50) feet downriver to fifty (50) feet upriver from 
41degrees 29[min]48.4[sec] N, 81 degrees 42[min]44[sec] W, which isthe 
knuckle adjacent to the Ontario Stone warehouse on the south sideof the 
Old River.
    (4) From 41 degrees 29[min]51.1[sec] N, 81 degrees42[min]32.0[sec] 
W, which is the corner of Christie's Cabaret pierat Sycamore Slip on the 
Old River, to fifty (50) feet east of 41degrees 29[min]55.1[sec] N, 81 
degrees 42[min]27.6[sec] W, whichis the north point of the pier at 
Shooter's Restaurant on the CuyahogaRiver.
    (5) Twenty-five (25) feet downriver to twenty-five (25) feetupriver 
of 41 degrees 29[min]48.9[sec] N, 81 degrees42[min]10.7[sec] W, which is 
the knuckle toward the downriver cornerof the Nautica Stage.
    (6) Ten (10) feet downriver to ten (10) feet upriver of 41 
degrees29[min]45.5[sec] N, 81 degrees 42[min]9.7[sec] W, which is 
theknuckle toward the upriver corner of the Nautica Stage.
    (7) The fender on the west bank of the river at 41 
degrees29[min]45.2[sec] N, 81 degrees 42.10[sec] W, which is the 
knuckleat Bascule Bridge (railroad).
    (8) The two hundred seventy (270) foot section on the east bank 
ofthe river between the Columbus Road bridge (41 degrees29[min]18.8[sec] 
N, 81 degrees 42[min]02.3W) downriver to the chainlink fence at the 
upriver end of the Commodores Club Marina.
    (9) Fifty (50) feet downriver of twenty-five (25) feet upriverfrom 
41 degrees 29[min]24.5[sec] N, 81 degrees 41[min]57.2[sec] W,which is 
the knuckle at the Upriver Marine fuel pump.
    (10) Seventy-five (75) feet downriver to seventy-five (75) 
feetupriver from 41 degrees 29[min]33.7[sec] N, 81 
degrees41[min]57.5[sec] W. which is the knuckle adjacent to the 
warehouseat Alpha Precast Products (United Ready Mix).
    (11) Fifteen (15) feet downriver to fifteen (15) feet upriver from41 
degrees 29[min]41[sec] N, 81 degrees 41[min]38.6[sec] W, whichis the end 
of the chain link fence between The Club Mega and ShippersC & D.
    (b) Regulations--(1) General Rule. Except asprovided below, entry of 
any kind or for any purpose into theforegoing zones is strictly 
prohibited in accordance with the generalregulations in Sec. 165.23 of 
this part.
    (2) Exceptions. Any vessel may transit, but not moor, standor anchor 
in, the foregoing zones as necessary to comply with theInland Navigation 
Rules or to otherwise facilitate safe navigation.Cargo vessels of 1600 
gross tons (GT) or greater may moor in thesezones when conducting cargo 
transfer operations.
    (3) Waivers. Owners or operators of docks wishing a partialwaiver of 
these regulations may apply to the Captain of the Port,Cleveland, Ohio. 
Partial waivers will only be considered to allow forthe mooring of 
vessels in a safety zone when vessels of 1600 GT ongreater are not 
navigating in the proximate area. Any requests for awaiver must include 
a plan to ensure immediate removal of any vesselsmoored in a safety zone 
upon the approach of a vessel(s) 1600 GTs orgreater.

[COTP Cleveland REG 89-01, 54 FR 9778, Mar. 8, 1989, asamended by CGD 
09-95-018, 61 FR 37685, July 19, 1996;USCG-2000-7223, 65 FR 40059, June 
29, 2000;USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.904  Lake Michigan at Chicago Harbor & Burnham ParkHarbor--Safety and Security Zone.

    (a) Location. All waters, waterfront facilities, andshoreline areas 
within 1000 yards of the shoreline surrounding MerrillC. Meigs Airfield 
constitute a safety and security zone. This includesall waters including 
Burnham Park Harbor and the southern part ofChicago Harbor, Lake 
Michigan, bounded by the following coordinates:
    (1) Northwest point: 41[deg]52[min]33[sec] N,87[deg]36[min]58[sec] W
    (2) Northeast point: 41[deg]52[min]33[sec] N,87[deg]35[min]41[sec] W
    (3) Southeast point: 41[deg]50[min]42[sec] N,87[deg]35[min]41[sec] W
    (4) Southwest point: 41[deg]50[min]42[sec] N,87[deg]36[min]33[sec] W
    (5) From the southwest point, north along the Lake 
Michiganshoreline, including Burnham Park Harbor, to the northwest 
point.
    (b) Effective times and dates. This safety and security zonewill be 
in effect at various times to be published in the Coast GuardLocal 
Notice to Mariners or broadcasted via Marine Radio VHF-

[[Page 755]]

FMChannels 16 & 22. These times will include the actual effectivetime 
and date and the termination time and date.
    (c) Restrictions. (1) In accordance with the generalregulations in 
section 165.23 and 165.33 of this part, entry into thiszone is 
prohibited, unless authorized by the U.S. Coast Guard Captainof the Port 
Lake Michigan, or the U.S. Secret Service. Other generalrequirements in 
Sec. Sec. 165.23 and 165.33 also apply.Further, no person may enter or 
remain in the shoreline areas of theestablished safety and security 
zone, unless cleared by a Coast Guardor U.S. Secret Service official.
    (2) Vessels in Burnham Park Harbor at the commencement of thesafety 
and security zone must be moored and remain moored while thesafety and 
security zone is established, unless authorized to getunderway by a 
Coast Guard or U.S. Secret Service official.
    (3) No person may engage in swimming, snorkeling, or diving 
withinthe established safety and security zone, except with the 
permissionof the Captain of the Port or U.S. Secret Service.

[CGD09-94-005, 59 FR 45227, Sept. 1, 1994]



Sec. 165.905  USX Superfund Site Safety Zones: St. Louis River.

    (a) The following areas of the St. Louis River, within thedesignated 
boxes of latitude and longitude, are safety zones:
    (1) Safety Zone 1 (North Spirit Lake):

North Boundary: 46[deg]41[min]33[sec] W
South Boundary: 46[deg]41[min]18[sec] W
East Boundary: 92[deg]11[min]53[sec] W
West Boundary: 92[deg]12[min]11[sec] W

    (2) Safety Zone 2 (South Spirit Lake):

North Boundary: 46[deg]40[min]45[sec] N
South Boundary: 46[deg]40[min]33[sec] N
East Boundary: 92[deg]11[min]40[sec] W
West Boundary: 92[deg]12[min]05[sec] W

    (b) Transit of vessels through the waters covered by these zonesis 
prohibited. Swimming (including water skiing or other recreationaluse of 
the water which involves a substantial risk of immersion in thewater) or 
taking of fish (including all forms of aquatic animals) fromthe waters 
covered by these safety zones is prohibited at all times.

[CGD09-95-026, 60 FR 52862, Oct. 11, 1995]



Sec. 165.906  Lakeside Yacht Club in Cleveland Harbor, Cleveland,OH--regulated navigation areas.

    (a) Restricted Areas. The following are areas insideCleveland Harbor 
which are subject to navigational restrictions basedon the height of 
vessel masts as specified in paragraph (b) of thissection. For the 
purpose of this section, the term``mast'' will be used to include masts, 
antennae or anyother portion of the vessel extending above the 
waterline. All ofthese areas are inside the ``Lakeside Yacht Club 
entrancechannel,'' defined as the water area between the Lakeside 
YachtClub jetties and the Burke Lakefront Airport landfill, or inside 
the``Lakeside Yacht Club docks,'' defined as the docking areainside the 
Lakeside Yacht Club jetties and immediately adjacent toLakeside Yacht 
Club.
    (1) Restricted area no. 1. Restricted area no. 1 is thewater area on 
the southwest end of the Lakeside Yacht Club entrancechannel which is 
southwest of a line running 328[deg] T and northwestof a line running 
232[deg] T from a point at41[deg]31[min]28.00[sec] N, 
81[deg]40[min]02.60[sec] W, whichpoint is marked by a fixed flashing 
yellow light.
    (2) Restricted area no. 2. Restricted area no. 2 is thewater area of 
the Lakeside Yacht Club entrance channel which isoutside restricted area 
no. 1 and the entrance to the Yacht Clubdocking area, and southwest of a 
line running 328[deg] T from theintersection of 81[deg]39[min]58.47[sec] 
W and reference linerunning between point A at 41[deg]31[min]33.45[sec] 
N,81[deg]39[min]47.45[sec] W and point B at41[deg]31[min]19.67[sec] N, 
81[deg]40[min]19.17[sec] W.
    (3) Restricted area no. 3. Restricted area no. 3 is thewater area of 
the Lakeside Yacht Club entrance channel which isoutside restricted area 
no. 1, and southwest of a line running328[deg] T from point A at 
41[deg]31[min]33.45[sec] N.,81[deg]39[min]47.45[sec] W.
    (4) Restricted area no. 4. Restricted area no. 4 is the areainside 
the Lakeside Yacht Club docks which is southwest of a linerunning 
328[deg] T from the intersection of81[deg]39[min]58.47[sec] W and a 
reference line running betweenpoint A at 41[deg]31[min]33.45[sec] N, 
81[deg]39[min]47.45[sec]W and point B at 41[deg]31[min]19.67[sec] 
N,81[deg]40[min]19.17[sec] W, and northwest of the same referenceline.

[[Page 756]]

    (5) Restricted area no. 5. Restricted area no. 5 is thearea inside 
the Lakeside Yacht Club docks which is outside restrictedarea 4 and 
northwest of a line 183 feet southeast and parallel to areference line 
running between point A at 41[deg]31[min]33.45[sec]N, 
81[deg]39[min]47.45[sec] W and point B at41[deg]31[min]19.67[sec] N, 
81[deg]40[min]19.17[sec] W.
    (6) Restricted area no. 6. Restricted area no. 6 is the areainside 
the Lakeside Yacht Club docks which is outside restricted areas4 and 5.
    (b) Restrictions applicable to vessels of certain heights.Vessels 
with masts of certain heights are subject to the followingrestrictions 
with reference to the restricted areas detailed inparagraph (a) of this 
section. The height of a vessel is the heightabove the water line of 
masts, antennas, navigational equipment, orany other structure.
    (1) Less than 41 feet. Vessels less than 41 feet in heightare not 
subject to any restrictions under this section.
    (2) 41 to 45 feet. Vessels at least 41 feet in height yetless than 
45 feet in height may not enter restricted area 1.
    (3) 45 to 53 feet. Vessels at least 45 feet in height yetless than 
53 feet in height may not enter restricted area 1 and mustcomply with 
the clearance procedures prescribed in paragraph (c) whennavigating 
through restricted area 2.
    (4) 53 to 63 feet. Vessels at least 53 feet in height yetless than 
63 feet in height may not enter restricted area 1, mustcomply with the 
clearance procedures prescribed in paragraph (c) ofthis section when 
navigating through restricted area 2, and may notdock in or enter 
restricted area 4 at any time.
    (5) 63 to 95 feet. Vessels at least 63 feet in height yetless than 
95 feet in height may not enter restricted area 1, mustcomply with the 
clearance procedures prescribed in paragraph (c) ofthis section when 
navigating through restricted areas 2 or 3, and maynot dock in or enter 
restricted areas 4 or 5 at any time.
    (6) 95 feet or more. Vessel 95 feet or more in height maynot enter 
any restricted area, 1 through 6, at any time.
    (c) Clearance procedures. Except during the times specifiedin 
paragraph (d), operators of vessels subject to these proceduresmust do 
the following:
    (1) Obtain clearance from the Burke Lakefront Air Traffic 
ControlTower before navigating through the restricted area(s);
    (2) Navigate promptly through the area(s) at a safe and 
practicalspeed. Navigation at a safe and practical speed includes brief 
stopsat the fueling dock inside restricted area 3 by vessels with 
mastsbetween 63 and 95 feet in height; and
    (3) Promptly inform the Burke Lakefront Air Traffic Control 
Towerafter clearing the restricted area(s), or of any difficulty 
preventingprompt clearance. The Burke Lakefront Air Traffic Control 
Tower may becontacted on marine radio channel 14, or by telephone at 
(216)781-6411 except as noted during the suspended hours listed 
inparagraph (d) of this section. The radio and telephone will be 
mannedwhen the instrument guided approach system is being utilized.
    (4) Clearance may also be obtained for longer periods or forgroups 
of vessels when arranged in advance with Burke LakefrontAirport by any 
appropriate means of communication, including a priorwritten agreement.
    (d) Enforcement of clearance requirements. The clearanceprocedures 
specified in paragraph (c) of this section will not beenforced during 
the following times:
    (1) 11:00 p.m. n Fridays to 7:00 a.m. on Saturdays.
    (2) 11:00 p.m. on Saturdays to 8:00 a.m. on Sundays.
    (3) 12:00 midnight Sunday nights to 7:00 a.m. on Mondays.
    (e) Enforcement. This section will not be enforced duringany period 
in which the Federal Aviation Administration withdrawsapproval for 
operation of an instrument-only approach to runway 24 onthe northeast 
end of Burke Lakefront Airport.

[CGD09-97-002, 64 FR 8006, Feb. 18, 1999]



Sec. 165.907  Safety Zones: Annual fireworks events in the Captain of the PortDetroit Zone.

    (a) Safety Zones. The following areas are designated safetyzones:
    (1) Bay-Rama Fishfly Festival, New Baltimore, MI:

[[Page 757]]

    (i) Location. All waters off New Baltimore City Park,Lake St. 
Clair--Anchor Bay bounded by the arc of a circle with a300-yard radius 
with its center located at approximate position42[deg]41[min] N, 
082[deg]44[min] W (NAD 1983).
    (ii) Expected date. One day early in June.
    (2) Jefferson Beach Marina Fireworks, St. Clair Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yardradius 
of the fireworks barge in approximate position 42[deg]32[min]N, 
082[deg]51[min] W (NAD 1983), about 1000 yards east of JeffersonBeach 
Marina.
    (ii) Expected date. One day in the last week of June.
    (3) Sigma Gamma Assoc., Grosse Pointe Farms, MI:
    (i) Location. The waters off Ford's Cove, Lake St. Clairbounded by 
the arc of a circle with a 300-yard radius with its centerin approximate 
position 42[deg]27[min] N, 082[deg]52[min] W (NAD1983).
    (ii) Expected date. One day in the last week of June.
    (4) Lake Erie Metro Park Fireworks--(i)Location. The waters off the 
Brownstown Wave Pool area, LakeErie bounded by the arc of a circle with 
a 300-yard radius with itscenter in approximate position 42[deg]03[min] 
N, 083[deg]11[min] W(NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (5) City of St. Clair Fireworks:
    (i) Location. The waters off St. Clair City Park, St. ClairRiver 
bounded by the arc of a circle with a 300-yard radius with itscenter in 
approximate position 42[deg]49[min] N, 082[deg]29[min] W(NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (6) Oscoda Township Fireworks:
    (i) Location. The waters off the DNR Boat Launch at themouth of the 
Ausable River bounded by the arc of a circle with a 300-yard radius with 
its center in approximate position 44[deg]19[min]N, 083[deg]25[min] W 
(NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (7) Port Austin Fireworks:
    (i) Location. The waters off the Port Austin Breakwall, LakeHuron 
bounded by the arc of a circle with a 300-yard radius with itscenter in 
approximate position 43[deg]03[min] N, 082[deg]40[min] W(NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (8) City of Wyandotte Fireworks, Wyandotte, MI:
    (i) Location. The waters off the breakwall between Oak& Van Alstyne 
St., Detroit River bounded by the arc of a circlewith a 300-yard radius 
with its center in approximate position42[deg]12[min] N, 
083[deg]09[min]W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (9) Grosse Pointe Farms Fireworks, Grosse Pointe Farms, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yardradius 
of the fireworks barge in approximate position 42[deg]23[min]N, 
082[deg]52[min] W (NAD 1983), about 300 yards east of GrossePointe 
Farms.
    (ii) Expected date. One day in the first week of July.
    (10) Caseville Fireworks, Caseville, MI:
    (i) Location. The waters off the Caseville breakwall,Saginaw River 
bounded by the arc of a circle with a 300-yard radiuswith its center in 
approximate position 43[deg]55[min] N,083[deg]17[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (11) Algonac Pickerel Tournament Fireworks, Algonac, MI:
    (i) Location. All waters of the St. Clair River within a300-yard 
radius of the fireworks barge in approximate position42[deg]37[min] N, 
082[deg]32[min] W (NAD 1983), between Algonacand Russell Island, St. 
Clair River--North Channel.
    (ii) Expected date. One day in the first week of July.
    (12) Port Sanilac Fireworks, Port Sanilac, MI:
    (i) Location. The waters off the South Harbor Breakwall,Lake Huron 
bounded by the arc of a circle with a 300-yard radius withits center in 
approximate position 43[deg]25[min] N,082[deg]31[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (13) St. Clair Shores Fireworks, St. Clair Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yardradius 
of the fireworks barge in approximate position 42[deg]32[min]N, 
082[deg]51[min] W (NAD 1983), about 1000 yards east of VeteransMemorial 
Park (off Masonic Rd.), St. Clair Shores.

[[Page 758]]

    (ii) Expected date. One day in the first week of July.
    (14) Port Huron 4th of July Fireworks, Port Huron, MI:
    (i) Location. All waters of the Black River within a 300-yard radius 
of the fireworks barge in approximate position42[deg]58[min] N, 
082[deg]25[min] W (NAD 1983), about 300 yardseast of 223 Huron Ave., 
Black River.
    (ii) Expected date. One day in the first week of July.
    (15) Grosse Pointe Yacht Club 4th of July Fireworks, GrossePointe 
Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yardradius 
of the fireworks barge in approximate position 42[deg]25[min]N, 
082[deg]52[min] W (NAD 1983), about 400 yards east of the GrossePointe 
Yacht Club seawall, Lake St. Clair.
    (ii) Expected date. One day in the first week of July.
    (16) Lexington Independence Festival Fireworks, Lexington,MI:
    (i) Location. All waters of Lake Huron within a 300-yardradius of 
the fireworks barge in approximate position 43[deg]13[min]N, 
082[deg]30[min] W (NAD 1983), about 300 yards east of theLexington 
breakwall, Lake Huron.
    (ii) Expected date. One day in the first week of July.
    (17) City of Ecorse Water Festival Fireworks, Ecorse, MI:
    (i) Location. All waters of the Ecorse Channel within a 300-
yardradius of the fireworks barge in approximate position 
42[deg]14[min]N, 083[deg]09[min] W (NAD 1983), at the northern end of 
Mud Island,Ecorse.
    (ii) Expected date. One day in the first week of July.
    (18) Grosse Ile Yacht Club Fireworks:
    (i) Location. The waters off the Grosse Ile Yacht Club Deck,Detroit 
River bounded by the arc of a circle with a 300-yard radiuswith its 
center approximately located at latitude 42[deg]05[min] 
N,083[deg]09[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (19) Trenton Fireworks Display, Trenton, MI:
    (i) Location. All waters of the Trenton Channel within a300-yard 
radius of the fireworks barge in approximate position42[deg]09[min] N, 
083[deg]10[min] W (NAD 1983), about 200 yardseast of Trenton, in the 
Trenton Channel.
    (ii) Expected date. One day in the first week of July.
    (20) Belle Maer Harbor 4th of July Fireworks, HarrisonTownship, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yardradius 
of the fireworks barge in approximate position 42[deg]36[min]N, 
082[deg]47[min] W (NAD 1983), about 400 yards east of Belle MaerHarbor, 
Lake St. Clair--Anchor Bay.
    (ii) Expected date. One day in the first week of July.
    (21) Tawas City 4th of July Fireworks, Tawas, MI:
    (i) Location. The waters off the Tawas City Pier, Lake Huronbounded 
by the arc of a circle with a 300-yard radius with its centerin 
approximate position 44[deg]13[min] N, 083[deg]30[min] W (NAD1983).
    (ii) Expected date. One day in the first week of July.
    (22) Maritime Day Fireworks, Marine City, MI:
    (i) Location. All waters of the St. Clair River within a300-yard 
radius of the fireworks barge in approximate position42[deg]43[min] N, 
082[deg]29[min] W (NAD 1983), about 500 yardseast of Marine City, St. 
Clair River.
    (ii) Expected date. One day in the second weekend of August.
    (23) Venetian Festival Boat Parade & Fireworks, St. ClairShores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yardradius 
of the fireworks barge in approximate position 42[deg]28[min]N, 
082[deg]52[min] W (NAD 1983), about 600 yards off Jefferson BeachMarina, 
Lake St. Clair.
    (ii) Expected date. One day in the second weekend of August.
    (b) Regulations. (1) The general regulations contained in 33CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or the designated on scene 
patrolpersonnel. Coast Guard patrol personnel include commissioned, 
warrant,and petty officers of the U.S. Coast Guard. Upon being hailed by 
aU.S. Coast Guard vessel via siren, radio, flashing light, or 
othermeans, the operator shall proceed as directed.
    (3) The safety zones in this regulation are outside 
navigationchannels and will not adversely affect shipping. In cases 
whereshipping is affected,

[[Page 759]]

commercial vessels may request permissionfrom the Captain of the Port 
Detroit to transit the safety zone.Approval will be made on a case-by-
case basis. Requests must be madein advance and approved by the Captain 
of the Port before transitswill be authorized. The Captain of the Port 
may be contacted via U.S.Coast Guard Sector Detroit on Channel 16, VHF-
FM.
    (c) Effective period. The Captain of the Port Detroit willpublish a 
Notice of Implementation in the Federal Register aswell as in the Ninth 
Coast Guard District Local Notice to Mariners thedates and times this 
section is in effect.

[CGD09-01-002, 66 FR 27869, May 21, 2001]



Sec. 165.909  [Reserved]



Sec. 165.910  Security Zones; Captain of the Port Lake Michigan.

    (a) Security zones. The following areas, defined bycoordinates based 
upon North American Datum 1983, are security zones:
    (1) Navy Pier Northside. (i) Location. All watersbetween the Navy 
Pier and the Jardine Water Filtration Plant shorewardof a line drawn 
from the southeast corner of the Jardine WaterFiltration Plant at 
41[deg]53[min]36[sec] N,87[deg]36[min]10[sec] W, to the northeast corner 
of the Navy Pierat 41[deg]53[min]32[sec] N, 87[deg]35[min]55[sec] W; 
thenfollowing the Navy Pier, seawall, and Jardine Water Filtration 
Plantback to the beginning.
    (ii) Regulations. The Captain of the Port Lake Michigan willnormally 
permit those U.S. Coast Guard certificated passenger vesselsthat 
normally load and unload passengers at Navy Pier to operate inthe zone. 
However, should the Captain of the Port Lake Michigandetermine it is 
appropriate, he will require even those U.S. CoastGuard certificated 
passenger vessels which normally load and unloadpassengers at Navy Pier 
to request permission before leaving orentering the security zones. The 
Captain of the Port Lake Michiganwill notify these vessels via Broadcast 
Notice to Mariners if theymust notify the Coast Guard before entering or 
transiting the securityzone. As such, vessels that regularly operate 
within this zone areresponsible for monitoring Broadcasts Notice to 
Mariners for theChicago area. These broadcasts will be made by U.S. 
Coast Guard SectorLake Michigan.
    (2) Dresden Nuclear Power Plant. All waters of the IllinoisRiver in 
the vicinity of Dresden Nuclear Power Plant encompassed by aline 
starting on the shoreline at 41[deg]23[min]45[sec] 
N,88[deg]16[min]18[sec] W; then east to the shoreline 
at41[deg]23[min]39[sec] N, 88[deg]16[min]09[sec] W; then followingalong 
the shoreline back to the beginning.
    (3) Donald C. Cook Nuclear Power Plant. All waters of LakeMichigan 
around the Donald C. Cook Nuclear Power Plant encompassed bya line 
starting on the shoreline at 41[deg]58.656[min] N,86[deg]33.972[min] W; 
then northwest to 41[deg]58.769[min] N,86[deg]34.525[min] W; then 
southwest to 41[deg]58.589[min] N,86[deg]34.591[min] W; then southeast 
to the shoreline at41[deg]58.476[min] N, 86[deg]34.038[min] W; and 
following alongthe shoreline back to the beginning.
    (4) Palisades Nuclear Power Plant. All waters of LakeMichigan around 
the Palisades Nuclear Power Plant within a linestarting on the shoreline 
at 42[deg]19[min]07[sec] N,86[deg]19[min]05[sec] W; then northwest to 
42[deg]19[min]22[sec]N, 86[deg]19[min]54[sec] W; then north to 
42[deg]19[min]44[sec]N, 86[deg]19[min]43[sec] W; then southeast back to 
the shoreline at42[deg]19[min]31[sec] N, 86[deg]18[min]50[sec] W; then 
followingalong the shoreline back to the beginning.
    (5) Hammond Intake Crib. All navigable waters bounded by thearc of a 
circle with a 100-yard radius with its center in approximateposition 
41[deg]42[min]15[sec] N, 087[deg]29[min]49[sec] W (NAD83).
    (6) Zion Nuclear Power Plant. All waters of Lake Michiganencompassed 
by a line starting on the shoreline at42[deg]26[min]36[sec] N, 
87[deg]48[min]03[sec] W; then southeastto 42[deg]26[min]20[sec] N, 
87[deg]47[min]35[sec] W; thennortheast to 42[deg]26[min]53[sec] N, 
87[deg]47[min]22[sec] W;then northwest to the shoreline at 
42[deg]27[min]06[sec] N,87[deg]48[min]00[sec] W; then following along 
the shoreline back tothe beginning.
    (7) 68th Street Water Intake Crib. All waters of LakeMichigan within 
the arc of a circle with a 100-yard radius of the 68thStreet Crib with 
its center in approximate position41[deg]47[min]10[sec] N, 
87[deg]31[min]51[sec] W.
    (8) Dever Water Intake Crib. All waters of Lake Michiganwithin the 
arc of a circle with a 100-yard radius of the Dever Cribwith its center 
in approximate position 41[deg]54[min]55[sec] N,87[deg]33[min]20[sec] W.
    (9) 79th Street Water Intake Crib. All waters of LakeMichigan within 
the arc

[[Page 760]]

of a circle with a 100-yard radius of the79th Street Water Filtration 
Plant with its center in the approximateposition 41[deg]45[min]30[sec] 
N, 87[deg]32[min]32[sec] W.
    (b) Regulations. (1) Under Sec. 165.33, entry intothese zones is 
prohibited unless authorized by the Coast Guard Captainof the Port Lake 
Michigan. Section 165.33 also contains other generalrequirements.
    (2) All persons and vessels shall comply with the instruction ofthe 
Captain of the Port Lake Michigan or the designated on-scene U.S.Coast 
Guard patrol personnel. On-scene patrol personnel includecommissioned, 
warrant, and petty officers of the U.S. Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federallaw enforcement vessels. 
Emergency response vessels are authorized tomove within the zone but 
must abide by the restrictions imposed by theCaptain of the Port.
    (3) Persons who would like to transit through a security zone inthis 
section must contact the Captain of the Port at telephone number(630) 
986-2175 or on VHF channel 16 (121.5 MHz) to seekpermission to transit 
the area. If permission is granted, all personsand vessels shall comply 
with the instructions of the Captain of thePort or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-001, 67 FR 53502, Aug. 16, 2002; 67 FR65041, Oct. 23, 2002, as 
amended by CGD09-04-020, 69 FR71709, Dec. 10, 2004]



Sec. 165.911  Security Zones; Captain of the Port Buffalo Zone.

    (a) Location. The following are security zones:
    (1) Nine Mile Point and Fitzpatrick Nuclear Power Plants.The 
navigable waters of Lake Ontario bounded by the followingcoordinates: 
commencing at 43[deg]30.8[min] N, 076[deg]25.7[min]W; then north to 
43[deg]31.2[min] N, 076[deg]25.7[min] W; theneast-northeast to 
43[deg]31.6[min] N, 076[deg]24.9[min] W; theneast to 43[deg]31.8[min] N, 
076[deg]23.2[min] W; then south to43[deg]31.5[min] N, 076[deg]23.2[min] 
W; and then following theshoreline back to the point of origin (NAD 83).
    (2) Ginna Nuclear Power Plant. The waters of Lake Ontariobounded by 
the following area, starting at 43[deg]16.9[min] N,077[deg]18.9[min] W; 
then north to 43[deg]17.3[min] N,077[deg]18.9[min] W; then east to 
43[deg]17.3[min] N,077[deg]18.3[min] W; then south to 43[deg]16.7[min] 
N,077[deg]18.3[min] W; then following the shoreline back to 
startingpoint (NAD 83).
    (3) Moses-Saunders Power Dam. The waters of the St. LawrenceRiver 
bounded by the following area, starting at 45[deg]00.73[min]N, 
074[deg]47.85[min] W; southeast following the internationalborder to 
45[deg]00.25[min] N, 074[deg]47.56[min] W; thensouthwest to 
45[deg]00.16[min] N, 074[deg]47.76[min] W; then eastto the shoreline at 
45[deg]00.16[min] N, 074[deg]47.93[min] W;then northwest to 
45[deg]00.36[min] N, 074[deg]48.16[min] W; thennortheast back to the 
starting point (NAD 83).
    (4) Long Sault Spillway Dam. The waters of the St. LawrenceRiver 
bounded by the following area, starting at 44[deg]59.5[min] 
N,074[deg]52.0[min] W; north to 45[deg]00.0[min] N,074[deg]52.0[min] W; 
east to 45[deg]00.0[min] N,074[deg]51.6[min] W, then south to 
44[deg]59.5[min] N,074[deg]51.6[min] W; then west back to the starting 
point (NAD 83).
    (b) Regulations. (1) In accordance withSec. 165.33, entry into this 
zone is prohibited unlessauthorized by the Coast Guard Captain of the 
Port Buffalo.
    (2) Persons or vessels desiring to transit the area of the NineMile 
Point and Fitzpatrick Nuclear Power Plants or Ginna Nuclear PowerPlant 
security zones must contact the Captain of the Port Buffalo attelephone 
number (716) 843-9570, or on VHF/FM channel 16 toseek permission to 
transit the area. Persons desiring to transit thearea of Moses-Saunders 
Power Dam or Long Sault Spillway Dam securityzones must contact the 
Supervisor, Marine Safety Detachment Massena attelephone number (315) 
764-3284, or on VHF/FM channel 16 toseek permission to transit the area. 
If permission is granted, allpersons and vessels shall comply with the 
instructions of the Captainof the Port or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-005, 67 FR 53500, Aug. 16, 2002]



Sec. 165.912  Security Zone; Lake Erie, Perry, OH.

    (a) Location: The following area is a security zone: allnavigable 
waters of

[[Page 761]]

Lake Erie bounded by a line drawn between thefollowing coordinates 
beginning at 41[deg] 48.187[min] N, 081[deg]08.818[min] W; then due 
north to 41[deg] 48.7[min] N, 081[deg]08.818[min] W; then due east to 
41[deg] 48.7[min] N, 081[deg]08.455[min] W; then due south to the south 
shore of Lake Erie at41[deg] 48.231[min] N, 081[deg] 08.455[min] W; 
thence westerlyfollowing the shoreline back to the beginning (NAD 83).
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.33 of this part, entry into this zone isprohibited unless authorized 
by the Coast Guard Captain of the PortCleveland, or the designated on-
scene representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-006, 67 FR 52611, Aug. 13, 2002]



Sec. 165.914  [Reserved]



Sec. 165.915  Security zones; Captain of the Port Detroit.

    (a) Security zones. The following areas are security zones:
    (1) Enrico Fermi 2 Nuclear Power Station. All waters andadjacent 
shoreline encompassed by a line commencing at41[deg]58.4[min] N, 
083[deg]15.4[min] W; then northeast to41[deg]58.5[min] N, 
083[deg]15.0[min] W; then southeast to41[deg]58.2[min] N, 
083[deg]13.7[min] W; then south to41[deg]56.9[min] N, 083[deg]13.8[min] 
W; then west to41[deg]56.9[min] N, 083[deg]15.2[min] W; then back to the 
startingpoint at 41[deg]58.4[min] N, 083[deg]15.4[min] W (NAD 83).
    (2) Davis Besse Nuclear Power Station. All waters andadjacent 
shoreline encompassed by a line commencing at41[deg]36.1[min] N, 
083[deg]04.7[min] W; north to41[deg]37.0[min] N, 083[deg]03.9[min] W; 
east to41[deg]35.9[min] N, 083[deg]02.5[min] W; southwest 
to41[deg]35.4[min] N, 083[deg]03.7[min] W; then back to the 
startingpoint 41[deg]36.1[min] N, 083[deg]04.7[min] W (NAD 83).
    (b) Regulations. (1) In accordance withSec. 165.33, entry into this 
zone is prohibited unlessauthorized by the Coast Guard Captain of the 
Port Detroit. Section165.33 also contains other general requirements.
    (2) Persons desiring to transit through either of these 
securityzones, prior to transiting, must contact the Captain of the 
PortDetroit at telephone number (419) 418-6050, or on VHF/FMchannel 16 
and request permission. If permission is granted, allpersons and vessels 
shall comply with the instructions of the Captainof the Port or his or 
her designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-011, 67 FR 46386, July 15, 2002]



Sec. 165.916  Security Zones; Captain of the Port Milwaukee Zone, Lake Michigan.

    (a) Location. The following are security zones:
    (1) Kewaunee Nuclear Power Plant. All navigable waters ofWestern 
Lake Michigan encompassed by a line commencing from a point onthe 
shoreline at 44[deg]20.715[min] N, 087[deg]32.080[min] W; theneasterly 
to 44[deg]20.720[min] N, 087[deg]31.630[min] W; thensoutherly to 
44[deg]20.480[min] N, 087[deg]31.630[min] W; thenwesterly to 
44[deg]20.480[min] N, 087[deg]31.970[min] W, thennortherly following the 
shoreline back to the point of origin (NAD83).
    (2) Point Beach. All navigable waters of Western LakeMichigan 
encompassed by a line commencing from a point on theshoreline at 44[deg] 
17.06 N, 087[deg] 32.15 W, then northeasterlyto 44[deg] 17.12 N, 
087[deg] 31.59 W, then southeasterly to 44[deg]16.48 N, 087[deg] 31.42 
W, then southwesterly to 44[deg] 16.42 N,087[deg] 32.02 W, then 
northwesterly along the shoreline back to thepoint of origin. All 
coordinates are based upon North American Datum1983.
    (b) Regulations. (1) In accordance withSec. 165.33, entry into this 
zone is prohibited unlessauthorized by the Coast Guard Captain of the 
Port Milwaukee. Section165.33 also contains other general requirements.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number (414)747-7155 or 
on VHF-FM Channel 16 to seek permission to transitthe area. If 
permission is granted, all persons and vessels shallcomply with the 
instructions of the Captain of the Port or his or herdesignated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-007, 67 FR 49578, July 31, 2002, asamended by CGD09-03-277, 69 
FR 4242, Jan. 29, 2004]

[[Page 762]]



Sec. 165.918  [Reserved]



Sec. 165.920  Regulated Navigation Area: USCG Station Port Huron, Port Huron,MI, Lake Huron.

    (a) Location. All waters of Lake Huron encompassed by thefollowing: 
starting at the northwest corner at 43[deg]00.4[min] 
N,082[deg]25.327[min] W; then east to 43[deg]00.4[min] 
N,082[deg]25.23.8[min] W; then south to 43[deg]00.3[min] 
N,082[deg]25.238[min] W; then west to 43[deg]00.3[min] 
N,082[deg]25.327[min] W; then following the shoreline north back tothe 
point of origin (NAD 83).
    (b) Special regulations. No vessel may fish, anchor, or moorwithin 
the RNA without obtaining the approval of the Captain of thePort (COTP) 
Detroit. Vessels need not request permission from COTPDetroit if only 
transiting through the RNA. COTP Detroit can bereached by telephone at 
(313) 568-9580, or by writing to: MSODetroit, 110 Mt. Elliot Ave., 
Detroit MI 48207-4380.

[CDG09-03-287, 69 FR 23103, Apr. 28, 2004]



Sec. 165.921  Regulated Navigation Area; Reporting Requirements for BargesLoaded with Certain Dangerous Cargoes, Illinois Waterway Systemlocated within the 
          Ninth Coast Guard District.

    (a) Regulated Navigation Area. The following waters are aregulated 
navigation area (RNA): the Illinois Waterway System abovemile 187.2 to 
the Chicago Lock on the Chicago River at mile 326.7 andto the confluence 
of the Calumet River and Lake Michigan at mile 333.5of the Calumet 
River.
    (b) Applicability. This section applies to towing vesseloperators 
and fleeting area managers responsible for CDC barges in theRNA. This 
section does not apply to towing vessel operatorsresponsible for barges 
not carrying CDC barges, or fleet tow boatsmoving one or more CDC barges 
within a fleeting area.
    (c) Definitions. As used in this section--
    Barge means a non-self propelled vessel engaged in commerce,as set 
out in 33 CFR 160.204.
    Certain Dangerous Cargo or (CDC) includes any of thefollowing:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
    (2) Division 1.5D blasting agents for which a permit is 
requiredunder 49 CFR 176.415 or, for which a permit is required as a 
conditionof a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49CFR 172.101 that 
is also a ``material poisonous byinhalation'' as defined in 49 CFR 
171.8, and that is in aquantity in excess of 1 metric ton per barge.
    (4) Division 5.1 oxidizing materials for which a permit isrequired 
under 49 CFR 176.415 or, for which a permit is required as acondition of 
a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiaryclassification 
of Division 6.1 ``poisonous material'' aslisted in 49 CFR 172.101 that 
is also a ``material poisonous byinhalation'', as defined in 49 CFR 
171.8 and that is in a bulkpackaging, or that is in a quantity in excess 
of 20 metric tons perbarge when not in a bulk packaging.
    (6) Class 7, ``highway route controlled quantity''radioactive 
material or ``fissile material, controlledshipment'', as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and bulk liquefied gas cargo thatis 
flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids--
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile,
    (viii) Oleum (fuming sulfuric acid), and
    (ix) Propylene Oxide.
    CDC barge means a barge containing CDCs or CDC residue.
    Downbound means the tow is traveling with the current.
    Fleet tow boat means any size vessel that is used to move,transport, 
or deliver a CDC barge within a fleeting area.
    Fleeting area means any fleet, including any facility,located within 
the area covered by one single port.

[[Page 763]]

    Inland River Vessel Movement Center or (IRVMC)means the Coast Guard 
office that is responsible for collecting theinformation required by 
this section.
    Ninth Coast Guard District means the Coast Guard District asset out 
in 33 CFR 3.45-1.
    Towing vessel means any size vessel that is used to move,transport, 
or deliver a CDC barge to a fleet or facility that islocated in a 
different port than where the voyage originated.
    Towing vessel operator means the Captain or pilot who is onwatch on 
board a towing vessel.
    Upbound means the tow is traveling against the current.
    (d) Regulations. The following must report to the InlandRiver Vessel 
Movement Center (IRVMC):
    (1) The towing vessel operator responsible for one or more CDCbarges 
in the RNA must report all the information items specified intable 
165.921(f), in paragraph (f) of this section, to the IRVMC:
    (i) Upon point of entry into the RNA with one or more CDC barges;
    (ii) Four hours before originating a voyage within the RNA withone 
or more CDC barges, except if the evolution of making up a towwith a CDC 
barge will take less than 4 hours before originating avoyage, and the 
towing vessel operator did not receive the order tomake up a tow with a 
CDC barge in advance of 4 hours beforeoriginating the voyage with one or 
more CDC barges, in which case thetowing vessel operator shall submit 
the required report to the IRVMCas soon as possible after receiving 
orders to make up a tow with oneor more CDC barges;
    (iii) Upon dropping off one or more CDC barges at a fleeting areaor 
facility;
    (iv) Upon picking up one or more additional CDC barges from 
afleeting area or facility;
    (v) At designated reporting points, set forth in paragraph of 
thissection;
    (vi) When the estimated time of arrival (ETA) to a reporting 
pointvaries by 6 hours from the previously reported ETA;
    (vii) Any significant deviation from previously reportedinformation;
    (viii) Upon departing the RNA with one or more CDC barges; and
    (ix) When directed by the IRVMC.
    (2) The fleeting area manager responsible for one or more CDCbarges 
in the RNA must report all the information items specified intable 
165.921(g), in paragraph (g) of this section, to the IRVMC:
    (i) Once daily, report all CDC barges within the fleeting area;
    (ii) Upon moving one or more CDC barges within a fleeting area bya 
fleet tow boat;
    (iii) Any significant deviation from previously reportedinformation; 
and
    (iv) When directed by the IRVMC.
    (3) Reports required by this section may be made by a 
companyrepresentative or dispatcher on behalf of the fleeting area 
manager.
    (4) Reports required by this section must be made to the IRVMCeither 
by telephone to (866) 442-6089, by fax to (866)442-6107, or by e-mail to 
[email protected]. Areporting form and e-mail link are available 
athttp://www.uscg.mil/d8/Divs/M/IRVMC.htm.
    (5) The general regulations contained in 33 CFR 165.13 apply tothis 
section.
    (e) Ninth Coast Guard District Illinois Waterway System RNAReporting 
points. Towing vessel operators responsible for one ormore CDC barges in 
the RNA must make reports to the Inland RiverVessel Movement Center at 
each point listed in this paragraph (e).
    (1) Illinois River (ILR) Upbound, at Mile Markers (M) and 
whenDeparting Lock & Dam (L&D)--
    (i) M 187.2 (Southern Boundary MSU Chicago AOR),
    (ii) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag 
Channel,
    (iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
    (iv) M 333.5 Confluence of Calumet River and Lake Michigan, and
    (v) M 326.7 Chicago L&D, Chicago River.
    (2) Illinois River (ILR) Downbound Reporting Points, at MileMarkers 
(M) and when Departing Lock & Dam (L&D)--
    (i) M 326.7 Chicago L&D, Chicago River,
    (ii) M 333.5 Confluence of Calumet River and Lake Michigan,

[[Page 764]]

    (iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
    (iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag 
Channel, and
    (v) M 187.2 (Southern Boundary MSU Chicago AOR).
    (f) Information to be reported to the IRVMC by towing 
vesseloperators. With the exception noted in paragraph (d)(1)(ii) of 
thissection, towing vessel operators responsible for one or more 
CDCbarges in the RNA must report all the information required by 
thissection as set out in table 165.921(f) of this paragraph.

[[Page 765]]



                                   Table165.921(f)--Information To Be Reported to the IRVMC byTowing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Name and
                                                                                               Estimated     location of
                                                                                                time of     destination of                Estimated time
                                              24-hour     Name of    Barge(s)    Type, name    departure      CDC barge                     of arrival
                                              contact     vessel     name and    and amount       from      (fleetingarea    Reporting    (ETA) to next
                                              number      moving     official      of CDC       fleeting    or facility),      point        reporting
                                                         barge(s)     number       onboard      area or       including                      point(If
                                                                                                facility    estimated time                 applicable)
                                                                                                              of arrival
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA with           X           X           X             X   ...........               X            X                X
 a CDCbarge...............................
(2) 4 hours before originating a voyage             X           X           X             X            X                X   ...........               X
 within the RNA with one ormore CDC
 barges; but see exception in paragraph
 (d)(1)(ii) of thissection................
(3) Upon dropping off one or more CDC       ..........          X           X
 barges at a fleeting area orfacility.....
(4) Upon picking up one or more additional  ..........          X           X             X
 CDC barges from afleeting area or
 facility.................................
(5) At designated reporting points in       ..........          X           X         (\1\)   ...........           (\1\)            X                X
 165.921(e)...............................
(6) When ETA to a reporting point varies    ..........          X       (\1\)         (\1\)   ...........  ...............  ...........               X
 by 6 hours frompreviously reported ETA...
(7) Any significant deviation from                  X           X           X             X            X                X            X                X
 previously reported information(all that
 apply)...................................
(8) Upon departing the RNA with a CDC       ..........          X           X   ............  ...........  ...............           X
 barge (s)................................
(9) When directed by the IRVMC............          X           X           X             X            X                X            X                X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.


[[Page 766]]

    (g) Information to be reported to the IRVMC by fleetingarea 
managers. Fleeting area managers responsible for one or moreCDC barges 
in the RNA must report the information required by thissection as set 
out in table 165.921(g) to this paragraph.

               Table 165.921(g)--Information To Be Reported to the IRVMC by Fleeting AreaManagers
----------------------------------------------------------------------------------------------------------------
                                                                                                  Locationof CDC
                                              24-hour contact   Barge(s) name    Type, name and  barge (fleeting
                                                   number        andofficial     amount of CDC       area or
                                                                    number          onboard         facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a fleeting               X                X                X                X
 area.......................................
(2) Upon moving one or more CDC barges        ...............               X                X                X
 within a fleeting area by afleet tow boat..
(3) Any significant deviation from                         X                X                X                X
 previously reported information(all that
 apply).....................................
(4) When directed by the IRVMC..............               X                X                X                X
----------------------------------------------------------------------------------------------------------------

    (h) Alternative reporting. The Ninth Coast Guard DistrictCommander 
may consider and approve alternative methods to be used by areporting 
party to meet any reporting requirements if--
    (1) The request is submitted in writing to Commander, Ninth 
CoastGuard District (m), 1240 E. Ninth Street, Cleveland, Ohio,44199-
2060; and
    (2) The alternative provides an equivalent level of the 
reportingthat which would be achieved by the Coast Guard with the 
requiredcheck-in points.
    (i) Deviation from this section is prohibited unless 
specificallyauthorized by the Commander, Ninth Coast Guard District or 
the IRVMC.

(Approved by the Office of Management and Budget under OMBcontrol number 
1625-1505)

[CDG09-03-241, 68 FR 57622, Oct. 6, 2003]



Sec. 165.923  Regulated Navigation Area between mile markers 296.1 and 296.7 ofthe Chicago Sanitary and Ship Canal located near Romeoville, IL.

    (a) Location. The following is a Regulated Navigation Area:All 
waters of the Chicago Sanitary and Ship Canal, Romeoville, ILbetween the 
north side of Romeo Road Bridge Mile Marker 296.1, and thesouth side of 
the Aerial Pipeline Mile Marker 296.7.
    (b) Regulations. (1) The general regulations contained in 33CFR 
165.13 apply.
    (2) All vessels are prohibited from loitering in the 
regulatednavigation area.
    (3) Vessels may enter the regulated navigation area for the 
solepurpose of transiting to the other side, and must maintain 
headwaythroughout the transit.
    (4) All personnel on open decks must wear a Coast Guard approvedType 
I personal flotation device while in the regulated navigationarea.
    (5) Vessels may not moor or lay up on the right or left 
descendingbanks of the regulated navigation area.
    (6) Towboats may not make or break tows in the regulatednavigation 
area.
    (7) Vessels may not pass (meet or overtake) in the 
regulatednavigation area and must make a SECURITE call when approaching 
thebarrier to announce intentions and work out passing arrangements 
oneither side.
    (8) Commercial tows transiting the regulated navigation area mustbe 
made up with wire rope to ensure electrical connectivity betweenall 
segments of the tow.
    (c) Compliance. All persons and vessels shall comply withthis rule 
and any additional instructions of the Ninth Coast GuardDistrict 
Commander, or his designated representative. The Captain ofthe Port, 
Lake Michigan is a designated representative of the DistrictCommander 
for the purposes of this rule.

[CGD09-05-131, 70 FR 76694, Dec. 28, 2005]



Sec. 165.927  Safety Zone; St. Louis River, Duluth/Interlake Tar RemediationSite, Duluth, MN.

    (a) Location: The following area is a safety zone: Allwaters of 
Stryker Bay and Hallett Slips 6 & 7 which are locatednorth of a boundary 
line delineated by the following points: From theshoreline at 
46[deg]43[min]10.00[sec] N,

[[Page 767]]

092[deg]10[min]31.66[sec] W, then south to46[deg]43[min]06.24[sec] N, 
092[deg]10[min]31.66[sec] W, theneast to 46[deg]43[min]06.24[sec] N, 
092[deg]09[min]41.76[sec] W,then north to the shoreline at 
46[deg]43[min]10.04[sec] N,092[deg]09[min]41.76[sec] W. [Datum NAD 83].
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.23 of this part, entry into,transiting, or anchoring within 
this safety zone is prohibited unlessauthorized by the Captain of the 
Port Duluth, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except asmay 
be permitted by the Captain of the Port Duluth or his designatedon-scene 
representative.
    (3) The ``designated on-scene representative'' of theCaptain of the 
Port is any Coast Guard commissioned, warrant or pettyofficer who has 
been designated by the Captain of the Port to act onhis behalf. The on-
scene representative of the Captain of the Portwill be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel.The Captain of the Port or 
his designated on-scene representative maybe contacted by calling Coast 
Guard Marine Safety Unit Duluth at (218)720-5286.
    (4) Vessel operators desiring to enter or operate within thesafety 
zone shall contact the Captain of the Port Duluth to obtainpermission to 
do so. Vessel operators given permission to enter oroperate in the 
safety zone shall comply with all directions given tothem by the Captain 
of the Port Duluth or his on-scene representative.

[CGD09-06-122, 71 FR 66112, Nov. 13, 2006]



Sec. 165.928  Security Zone; Mackinac Bridge, Straits of Mackinac, Michigan.

    (a) Definitions. The following definitions apply to thissection:
    (1) Designated Representative means those persons designatedby the 
Captain of the Port to monitor these security zones, permitentry into 
these zones, give legally enforceable orders to persons orvessels within 
these zones and take other actions authorized by theCaptain of the Port. 
Persons authorized in paragraph (e) to enforcethis section and Vessel 
Traffic Service St. Marys River (VTS) areDesignated Representatives.
    (2) Federal Law Enforcement Officer means any employee oragent of 
the United States government who has the authority to carryfirearms and 
make warrantless arrests and whose duties involve theenforcement of 
criminal laws of the United States.
    (3) Navigable waters of the United States means those watersdefined 
as such in 33 CFR part 2.
    (4) Public vessel means vessels owned, chartered, oroperated by the 
United States, or by a State or political subdivisionthereof.
    (5) Michigan Law Enforcement Officer means any regularlyemployed 
member of a Michigan police force responsible for theprevention and 
detection of crime and the enforcement of the generalcriminal laws of 
Michigan as defined in Michigan Compiled Laws section28.602(l)(i).
    (b) Security zone. The following area is a security zone:All waters 
enclosed by a line connecting the following points:45[deg]50.763 N: 
084[deg]43.731 W, which is the northwest corner;thence east to 
45[deg]50.705 N: 084[deg]43.04 W, which is thenortheast corner; thence 
south to 45[deg]47.242 N: 084[deg]43.634 W,which is the southeast 
corner; thence west to 45[deg]47.30 N:084[deg]44.320 W, which is the 
southwest corner; then north to thepoint of origin. The zone described 
above includes all waters oneither side of the Mackinac Bridge within 
one-quarter mile of thebridge. [Datum: NAD 1983].
    (c) Obtaining permission to enter or move within, the securityzone: 
All vessels must obtain permission from the COTP or aDesignated 
Representative to enter or move within, the security zoneestablished in 
this section. Vessels with an operable AutomaticIdentification System 
(AIS) unit should seek permission from the COTPor a Designated 
Representative at least 1 hour in advance. Vesselswith an operable AIS 
unit may contact VTS St. Marys River (SooTraffic) on VHF channel 12. 
Vessels without an operable AIS unitshould seek permission at least 30 
minutes in advance. Vessels withoutan operable AIS unit may contact 
Coast Guard Station St. Ignace on VHFchannel 16.
    (d) Regulations. The general regulations in 33 CFR part 165subpart 
D,

[[Page 768]]

apply to any vessel or person in the navigable watersof the United 
States to which this section applies. No person orvessel may enter the 
security zone established in this section unlessauthorized by the 
Captain of the Port or his designatedrepresentatives. Vessels and 
persons granted permission to enter thesecurity zone shall obey all 
lawful orders or directions of theCaptain of the Port or his designated 
representatives. All vesselsentering or moving within the security zone 
must operate at speedswhich are necessary to maintain a safe course and 
which will notexceed 12 knots.
    (e) Enforcement. Any Coast Guard commissioned, warrant orpetty 
officer may enforce the rules in this section. In the navigablewaters of 
the United States to which this section applies, whenimmediate action is 
required and representatives of the Coast Guardare not present or not 
present in sufficient force to provideeffective enforcement of this 
section, any Federal Law EnforcementOfficer or Michigan Law Enforcement 
Officer may enforce the rulescontained in this section pursuant to 33 
CFR 6.04-11. Inaddition, the Captain of the Port may be assisted by 
other Federal,state or local agencies in enforcing this section pursuant 
to 33 CFR6.04-11.
    (f) Exemption. Public vessels as defined in paragraph (a) ofthis 
section are exempt from the requirements in this section.
    (g) Waiver. For any vessel, the Captain of the Port SaultSte. Marie 
may waive any of the requirements of this section, uponfinding that 
operational conditions or other circumstances are suchthat application 
of this section is unnecessary or impractical for thepurpose of port 
security, safety or environmental safety.
    (h) Enforcement period. This rule will be enforced Labor Dayof each 
year; 6 a.m. (local) to 11:59 p.m. (midnight) (local).

[CGD09-06-019, 71 FR 45389, Aug. 9, 2006]



Sec. 165.929  Safety Zones; Annual events requiring safety zones in the Captainof the Port Lake Michigan zone.

    (a) Safety Zones. The following areas are designated safetyzones:
    (1) St. Patrick's Day Fireworks; Manitowoc, WI--(i)Location. All 
waters of the Manitowoc River and ManitowocHarbor, near the mouth of the 
Manitowoc River on the south shore,within the arc of a circle with a 
100-foot radius from the fireworkslaunch site located in position 
44[deg]05[min]30[sec] N,087[deg]39[min]12[sec] W (NAD 83).
    (ii) Enforcement date and time. The third Saturday of March;5:30 
p.m. to 7 p.m.
    (2) Michigan Aerospace Challenge Sport Rocket Launch; Muskegon,MI--
(i) Location. All waters of Muskegon Lake, near theWest Michigan Dock 
and Market Corp facility, within the arc of acircle with a 1500-yard 
radius from the rocket launch site located inposition 
43[deg]14[min]21[sec] N, 086[deg]15[min]35[sec] W (NAD83).
    (ii) Enforcement date and time. The last Saturday of April;8 a.m. to 
4 p.m.
    (3) Tulip Time Festival Fireworks; Holland, MI--(i)Location. All 
waters of Lake Macatawa, near Kollen Park, withinthe arc of a circle 
with a 1000-foot radius from the fireworks launchsite in position 
42[deg]47[min]23[sec] N, 086[deg]07[min]22[sec]W (NAD 83).
    (ii) Enforcement date and time. The first Friday of May; 7p.m. to 11 
p.m. If the Friday fireworks are cancelled due to inclementweather, then 
this section will be enforced on the first Saturday ofMay; 7 p.m. to 11 
p.m.
    (4) Rockets for Schools Rocket Launch; Sheboygan, WI. (i)Location. 
All waters of Lake Michigan and Sheboygan Harbor, nearthe Sheboygan 
South Pier, within the arc of a circle with a 1500-yardradius from the 
rocket launch site located with its center in 
position43[deg]44[min]55[sec] N, 087[deg]41[min]52[sec] W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of May; 8a.m. to 
5 p.m.
    (5) Celebrate De Pere; De Pere, WI--(i)Location. All waters of the 
Fox River, near Voyageur Park,within the arc of a circle with a 500-foot 
radius from the fireworkslaunch site located in position 
44[deg]27[min]10[sec] N,088[deg]03[min]50[sec] W (NAD 83).
    (ii) Enforcement date and time. The Sunday before MemorialDay; 8:30 
p.m. to 10 p.m.
    (6) [Reserved]
    (7) River Splash; Milwaukee, WI--(i) Location.All waters of the 
Milwaukee

[[Page 769]]

River, near Pere Marquette Park,within the arc of a circle with a 300-
foot radius from the fireworkslaunch site located on a barge in position 
43[deg]02[min]32[sec] N,087[deg]54[min]45[sec] W (NAD 83).
    (ii) Enforcement date and time. The first Friday andSaturday of 
June; 9 p.m. to 11 p.m. each day.
    (8) International Bayfest; Green Bay, WI--(i)Location. All waters of 
the Fox River, near the Western LimeCompany 1.13 miles above the head of 
the Fox River, within the arc ofa circle with a 1000-foot radius from 
the fireworks launch sitelocated in position 44[deg]31[min]24[sec] 
N,088[deg]00[min]42[sec] W (NAD 83).
    (ii) Enforcement date and time. The second Friday of June; 9p.m. to 
11 p.m.
    (9) Harborfest Music and Family Festival; Racine,WI--(i) Location. 
All waters of Lake Michigan andRacine Harbor, near the Racine Launch 
Basin Entrance Light, within thearc of a circle with a 200-foot radius 
from the fireworks launch sitelocated in position 42[deg]43[min]43[sec] 
N,087[deg]46[min]40[sec] W (NAD 83).
    (ii) Enforcement date and time. Friday and Saturday of thethird 
complete weekend of June; 9 p.m. to 11 p.m. each day.
    (10) Jordan Valley Freedom Festival Fireworks; East Jordan,MI--(i) 
Location. All waters of Lake Charlevoix, nearthe City of East Jordan, 
within the arc of a circle with a 1000-footradius from the fireworks 
launch site in position45[deg]09[min]18[sec] N, 085[deg]07[min]48[sec] W 
(NAD 83).
    (ii) Enforcement date and time. Saturday of the thirdweekend of 
June; 9 p.m. to 11 p.m.
    (11) Spring Lake Heritage Festival Fireworks; Spring Lake,MI--(i) 
Location. All waters of the Grand River, nearbuoy 14A, within the arc of 
a circle with a 500-foot radius from thefireworks launch site located on 
a barge in position43[deg]04[min]24[sec] N, 086[deg]12[min]42[sec] W 
(NAD 83).
    (ii) Enforcement date and time. The third Saturday of June;9 p.m. to 
11 p.m.
    (12) Elberta Solstice Festival Fireworks; Elberta,MI--(i) Location. 
All waters of Betsie Bay, nearWaterfront Park, within the arc of a 
circle with a 500-foot radiusfrom the fireworks launch site located in 
position44[deg]37[min]43[sec] N, 086[deg]14[min]27[sec] W (NAD 83).
    (ii) Enforcement date and time. The last Saturday of June; 9p.m. to 
11 p.m.
    (13) [Reserved]
    (14) Pentwater July Third Fireworks; Pentwater,MI--(i) Location. All 
waters of Lake Michigan and thePentwater Channel within the arc of a 
circle with a 1000-foot radiusfrom the fireworks launch site located in 
position43[deg]46[min]57[sec] N, 086[deg]26[min]38[sec] W (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. Ifthe July 
3 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 4; 9 p.m. to 11 p.m.
    (15) Taste of Chicago Fireworks; Chicago, IL--(i)Location. All 
waters of Monroe Harbor and Lake Michigan withinthe arc of a circle with 
a 1000-foot radius from the fireworks launchsite located on a barge in 
position 41[deg]52[min]41[sec] N,087[deg]36[min]37[sec] W (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. Ifthe July 
3 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 4; 9 p.m. to 11 p.m.
    (16) U.S. Bank Fireworks; Milwaukee, WI--(i)Location. All waters of 
Milwaukee Harbor, in the vicinity ofVeterans Park, within the arc of a 
circle with a 1000-foot radius fromthe fireworks launch site located on 
a barge in position43[deg]02[min]27[sec] N, 087[deg]53[min]45[sec] W 
(NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. Ifthe July 
3 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 4; 9 p.m. to 11 p.m.
    (17) National Cherry Festival Fourth of July CelebrationFireworks; 
Traverse City, MI--(i) Location. All watersof the West Arm of Grand 
Traverse Bay within the arc of a circle witha 1000-foot radius from the 
fireworks launch site located on a bargein position 
44[deg]46[min]12[sec] N, 085[deg]37[min]06[sec] W(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (18) Harbor Springs Fourth of July Celebration Fireworks;Harbor 
Springs, MI--(i) Location. All waters of LakeMichigan and Harbor Springs 
Harbor within the arc of a circle with a1000-foot radius from the 
fireworks launch site located on a barge inposition 
45[deg]25[min]30[sec] N, 084[deg]59[min]06[sec] W (NAD83).

[[Page 770]]

    (ii) Enforcement date and time. July 4; 9 p.m. to 11p.m. If the July 
4 fireworks are cancelled due to inclement weather,then this section 
will be enforced July 5; 9 p.m. to 11 p.m.
    (19) Bay Harbor Yacht Club Fourth of July CelebrationFireworks; 
Petoskey, MI--(i) Location. All waters ofLake Michigan and Bay Harbor 
Lake within the arc of a circle with a500-foot radius from the fireworks 
launch site located on a barge inposition 45[deg]21[min]50[sec] N, 
085[deg]01[min]37[sec] W (NAD83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. Ifthe July 
3 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 4; 9 p.m. to 11 p.m.
    (20) Petoskey Fourth of July Celebration Fireworks; Petoskey,MI--(i) 
Location. All waters of Lake Michigan andPetoskey Harbor, in the 
vicinity of Bay Front Park, within the arc ofa circle with a 1000-foot 
radius from the fireworks launch sitelocated in position 
45[deg]22[min]40[sec] N,084[deg]57[min]30[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fire works are cancelled due to inclement weather, thenthis section 
will be enforced July 5; 9 p.m. to 11 p.m.
    (21) Boyne City Fourth of July Celebration Fireworks; BoyneCity, 
MI--(i) Location. All waters of Lake Charlevoix,in the vicinity of 
Veterans Park, within the arc of a circle with a1400-foot radius from 
the fireworks launch site located in position45[deg]13[min]30[sec] N, 
085[deg]01[min]40[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (22) Independence Day Fireworks; Manistee, MI--(i)Location. All 
waters of Lake Michigan, in the vicinity of theFirst Street Beach, 
within the arc of a circle with a 1000-foot radiusfrom the fireworks 
launch site located in position44[deg]14[min]51[sec] N, 
086[deg]20[min]46[sec] W (NAD 83)
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. Ifthe July 
3 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 4; 9 p.m. to 11 p.m.
    (23) Frankfort Independence Day Fireworks; Frankfort, MI.(i) 
Location. All waters of Lake Michigan and Frankfort Harbor,in the 
vicinity of the north breakwater, within the arc of a circlewith a 1000-
foot radius from the fireworks launch site located inposition 
44[deg]38[min]00[sec] N, 086[deg]14[min]50[sec] W (NAD83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (24) Freedom Festival Fireworks; Ludington, MI. (i)Location. All 
waters of Lake Michigan and Ludington Harbor, inthe vicinity of the 
Loomis Street Boat Ramp, within the arc of acircle with a 1000-foot 
radius from the fireworks launch site locatedin position 
43[deg]57[min]16[sec] N, 086[deg]27[min]42[sec] W(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (25) White Lake Independence Day Fireworks; Montague, MI.(i) 
Location. All waters of White Lake, in the vicinity of theMontague boat 
launch, within the arc of a circle with a 1000-footradius from the 
fireworks launch site located in position43[deg]24[min]33[sec] N, 
086[deg]21[min]28[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (26) Muskegon Summer Celebration July Fourth Fireworks;Muskegon, MI. 
(i) Location. All waters of Muskegon Lake, inthe vicinity of Heritage 
Landing, within the arc of a circle with a1000-foot radius from a 
fireworks launch site located on a barge inposition 
43[deg]14[min]00[sec] N, 086[deg]15[min]50[sec] W (NAD83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (iii) Impact on Special Anchorage Area regulations:Regulations for 
that portion of the Muskegon Lake East SpecialAnchorage Area, as 
described in 33 CFR 110.81(b), which are overlappedby this regulation, 
are suspended during this event. The remainingarea of the

[[Page 771]]

Muskegon Lake East Special Anchorage Area notimpacted by this regulation 
remains available for anchoring duringthis event.
    (27) Grand Haven Jaycees Annual Fourth of July Fireworks; 
GrandHaven, MI. (i) Location. All waters of The Grand Riverbetween 
longitude 087[deg]14[min]00[sec] W, near The Sag, then westto longitude 
087[deg]15[min]00[sec] W, near the west end of thesouth pier (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (28) Celebration Freedom Fireworks; Holland, MI. (i)Location. All 
waters of Lake Macatawa, in the vicinity of KollenPark, within the arc 
of a circle with a 1000-foot radius from thefireworks launch site 
located in position 42[deg]47[min]23[sec] N,086[deg]07[min]22[sec] W 
(NAD 83).
    (ii) Enforcement date and time. July 4, 2007; 9 p.m. to 11p.m. 
Thereafter this section will be enforced the Saturday prior toJuly 4; 9 
p.m. to 11 p.m. If the fireworks are cancelled due toinclement weather, 
then this section will be enforced the Sunday priorto July 4; 9 p.m. to 
11 p.m.
    (29) Van Andel Fireworks Show, Holland, MI. (i)Location. All waters 
of Lake Michigan and the Holland Channelwithin the arc of a circle with 
a 1000-foot radius from the fireworkslaunch site located in position 
42[deg]46[min]21[sec] N,086[deg]12[min]48[sec] W (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. Ifthe July 
3 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 4; 9 p.m. to 11 p.m.
    (30) Independence Day Fireworks; Saugatuck, MI. (i)Location. All 
waters of Kalamazoo Lake within the arc of acircle with a 1000-foot 
radius from the fireworks launch site inposition 42[deg]38[min]52[sec] 
N, 086[deg]12[min]18[sec] W (NAD83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (31) South Haven Fourth of July Fireworks; South Haven, MI.(i) 
Location. All waters of Lake Michigan and the Black Riverwithin the arc 
of a circle with a 1000-foot radius from the fireworkslaunch site 
located in position 42[deg]24[min]08[sec] N,086[deg]17[min]03[sec] W 
(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (32) St. Joseph Fourth of July Fireworks; St. Joseph, MI.(i) 
Location. All waters of Lake Michigan and the St. JosephRiver within the 
arc of a circle with a 1000-foot radius from thefireworks launch site 
located in position 42[deg]06[min]48[sec] N,086[deg]29[min]5[sec] W (NAD 
83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (33) Town of Dune Acres Independence Day Fireworks; Dune Acres,IN. 
(i) Location. All waters of Lake Michigan within the arcof a circle with 
a 1000-foot radius from the fireworks launch sitelocated in position 
41[deg]39[min]23[sec] N,087[deg]04[min]59[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (34) Gary Fourth of July Fireworks; Gary, IN. (i)Location. All 
waters of Lake Michigan, approximately 2.5 mileseast of Gary Harbor, 
within the arc of a circle with a 500-foot radiusfrom the fireworks 
launch site located in position41[deg]37[min]19[sec] N, 
087[deg]14[min]31[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (35) Joliet Independence Day Celebration Fireworks; Joliet,IL. (i) 
Location. All waters of the Des Plains River, at mile288, within the arc 
of a circle with a 500-foot radius from thefireworks launch site located 
in position 41[deg]31[min]31[sec] N,088[deg]05[min]15[sec] W (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. Ifthe July 
3 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 4; 9 p.m. to 11 p.m.
    (36) Glencoe Fourth of July Celebration Fireworks; Glencoe,IL. (i) 
Location. All

[[Page 772]]

waters of Lake Michigan, in thevicinity of Lake Front Park, within the 
arc of a circle with a 500-foot radius from the fireworks launch site 
located in position42[deg]08[min]17[sec] N, 087[deg]44[min]55[sec] W 
(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (37) Lakeshore Country Club Independence Day Fireworks;Glencoe, IL. 
(i) Location. All waters of Lake Michigan withinthe arc of a circle with 
a 1000-foot radius from the fireworks launchsite located in position 
42[deg]08[min]27[sec] N,087[deg]44[min]57[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (38) Shore Acres Country Club Independence Day Fireworks; LakeBluff, 
IL. (i) Location. All waters of Lake Michigan,approximately one mile 
north of Lake Bluff, IL, within the arc of acircle with a 1000-foot 
radius from the fireworks launch site locatedin position 
42[deg]17[min]59[sec] N, 087[deg]50[min]03[sec] W(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (39) Kenosha Independence Day Fireworks; Kenosha, WI. (i)Location. 
All waters of Lake Michigan and Kenosha Harbor withinthe arc of a circle 
with a 1000-foot radius from the fireworks launchsite located in 
position 42[deg]35[min]17[sec] N,087[deg]48[min]27[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (40) Fourthfest of Greater Racine Fireworks; Racine, WI. 
(i)Location. All waters of Lake Michigan and Racine Harbor, in 
thevicinity of North Beach, within the arc of a circle with a 1000-
footradius from the fireworks launch site located in 
position42[deg]44[min]17[sec] N, 087[deg]46[min]42[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (41) Sheboygan Fourth of July Celebration Fireworks; Sheboygan,WI. 
(i) Location. All waters of Lake Michigan and SheboyganHarbor, in the 
vicinity of the south pier, within the arc of a circlewith a 1000-foot 
radius from the fireworks launch site located inposition 
43[deg]44[min]55[sec] N, 087[deg]41[min]51[sec] W (NAD83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (42) Manitowoc Independence Day Fireworks; Manitowoc, WI.(i) 
Location. All waters of Lake Michigan and Manitowoc Harbor,in the 
vicinity of south breakwater, within the arc of a circle with a1000-foot 
radius from the fireworks launch site located in 
position44[deg]05[min]24[sec] N, 087[deg]38[min]45[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (43) Sturgeon Bay Independence Day Fireworks; Sturgeon Bay,WI. (i) 
Location. All waters of Sturgeon Bay, in the vicinityof Sunset Park, 
within the arc of a circle with a 1000-foot radiusfrom the fireworks 
launch site located on a barge in position44[deg]50[min]37[sec] N, 
087[deg]23[min]18[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (44) Fish Creek Independence Day Fireworks; Fish Creek, WI.(i) 
Location. All waters of Green Bay, in the vicinity of FishCreek Harbor, 
within the arc of a circle with a 1000-foot radius fromthe fireworks 
launch site located on a barge in position45[deg]07[min]52[sec] N, 
087[deg]14[min]37[sec] W (NAD 83).
    (ii) Enforcement date and time. The first Saturday afterJuly 4; 9 
p.m. to 11 p.m.
    (45) Celebrate Americafest Fireworks; Green Bay, WI. (i)Location. 
All waters of the Fox River between the railroadbridge located 1.03 
miles above the mouth of the Fox River and theMain Street Bridge located 
1.58 miles above the mouth of the FoxRiver, including

[[Page 773]]

all waters of the turning basin east to themouth of the East River.
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (46) Marinette Fourth of July Celebration Fireworks; Marinette,WI. 
(i) Location. All waters of the Menominee River, in thevicinity of 
Stephenson Island, within the arc of a circle with a 1000-foot radius 
from the fireworks launch site located in position45[deg]06[min]09[sec] 
N, 087[deg]37[min]39[sec] W and all waterslocated between the Highway 
U.S. 41 bridge and the Hattie Street Dam(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (47) Evanston Fourth of July Fireworks; Evanston, IL. (i)Location. 
All waters of Lake Michigan, in the vicinity ofCentennial Park Beach, 
within the arc of a circle with a 500-footradius from the fireworks 
launch site located in position42[deg]02[min]56[sec] N, 
087[deg]40[min]21[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. Ifthe July 
4 fireworks are cancelled due to inclement weather, then thissection 
will be enforced July 5; 9 p.m. to 11 p.m.
    (48) [Reserved]
    (49) Muskegon Summer Celebration Fireworks; Muskegon, MI.(i) 
Location. All waters of Muskegon Lake, in the vicinity ofHeritage 
Landing, within the arc of a circle with a 1000-foot radiusfrom a 
fireworks barge located in position 43[deg]14[min]00[sec] 
N,086[deg]15[min]50[sec] W (NAD 83).
    (ii) Enforcement date and time. The Sunday following July 4;9 p.m. 
to 11 p.m.
    (iii) Impact on Special Anchorage Area regulations:Regulations for 
that portion of the Muskegon Lake East SpecialAnchorage Area, as 
described in 33 CFR 110.81(b), which are overlappedby this regulation, 
are suspended during this event. The remainingarea of the Muskegon Lake 
East Special Anchorage Area is not impactedby this regulation and 
remains available for anchoring during thisevent.
    (50) National Cherry Festival Air Show; Traverse City, MI.(i) 
Location. All waters of the West Arm of Grand Traverse Baybounded by a 
line drawn from 44[deg]46[min]48[sec] N,085[deg]38[min]18[sec] W, then 
southeast to44[deg]46[min]30[sec] N, 085[deg]35[min]30[sec] W, 
thensouthwest to 44[deg]46[min]00[sec] N, 085[deg]35[min]48[sec] W,then 
northwest to 44[deg]46[min]30[sec] N,085[deg]38[min]30[sec] W, then back 
to the point of origin (NAD83).
    (ii) Enforcement date and time. Friday, Saturday, and Sundayof the 
first complete weekend of July; 12 noon to 4 p.m. each day.
    (51) National Cherry Festival Finale Fireworks; Traverse City,MI. 
(i) Location. All waters and adjacent shoreline of theWest Arm of Grand 
Traverse Bay within the arc of a circle with a 1000-foot radius from the 
fireworks launch site located on a barge inposition 
44[deg]46[min]12[sec] N, 085[deg]37[min]06[sec] W (NAD83).
    (ii) Enforcement date and time. The second Saturday of July;9 p.m. 
to 11 p.m.
    (52) Gary Air and Water Show; Gary, IN. (i) Location.All waters of 
Lake Michigan within the arc of a circle with a 5.75statute mile radius 
with its center point in position41[deg]37[min]25[sec] N, 
087[deg]15[min]42[sec] W (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sundayof the 
second weekend of July; from 8 a.m. to 6 p.m. each day.
    (53) Milwaukee Air Expo, Milwaukee, WI. (i) Location.All waters Lake 
Michigan and Milwaukee Harbor located within a 4000-yard by 1000-yard 
rectangle with its major axis bearing approximately030[deg]T located in 
the northern half of Milwaukee Harbor and alongthe north shore of 
Milwaukee bounded by the points beginning at43[deg]01[min]36[sec] N, 
087[deg]53[min]02[sec] W; thennortheast to 43[deg]03[min]20[sec] N, 
087[deg]51[min]40[sec] W;then northwest to 43[deg]03[min]35[sec] 
N,087[deg]52[min]16[sec] W; then southwest to43[deg]01[min]51[sec] N, 
087[deg]53[min]38[sec] W; the back tothe point of origin (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sundayof the 
second weekend of July; from 1 p.m. to 5 p.m. each day.
    (54) Annual Trout Festival Fireworks; Kewaunee, WI. (i)Location. All 
waters of Kewaunee Harbor and Lake Michigan withinthe arc of a circle 
with a 1000-foot radius from the fireworks launchsite located in 
position 44[deg]27[min]29[sec] N,087[deg]29[min]45[sec] W (NAD 83).

[[Page 774]]

    (ii) Enforcement date and time. Friday of the secondcomplete weekend 
of July; 9 p.m. to 11 p.m.
    (55) Michigan City Summerfest Fireworks; Michigan City, IN.(i) 
Location. All waters of Michigan City Harbor and LakeMichigan within the 
arc of a circle with a 1000-foot radius from thefireworks launch site 
located in position 41[deg]43[min]42[sec] N,086[deg]54[min]37[sec] W 
(NAD 83).
    (ii) Enforcement date and time. July 15, 2007, andthereafter the 
Sunday of the first complete weekend of July; 9 p.m. to11 p.m.
    (56) Port Washington Fish Day Fireworks; Port Washington,WI. (i) 
Location. All waters of Port Washington Harbor andLake Michigan, in the 
vicinity of the WE Energies coal dock, withinthe arc of a circle with a 
1000-foot radius from the fireworks launchsite located in position 
43[deg]23[min]07[sec] N,087[deg]51[min]54[sec] W (NAD 83).
    (ii) Enforcement date and time. The third Saturday of July;9 p.m. to 
11 p.m.
    (57) Bay View Lions Club South Shore Frolics Fireworks;Milwaukee, 
WI. (i) Location. All waters of Milwaukee Harborand Lake Michigan, in 
the vicinity of South Shore Park, within the arcof a circle with a 500-
foot radius from the fireworks launch site inposition 
42[deg]59[min]42[sec] N, 087[deg]52[min]52[sec] W (NAD83).
    (ii) Enforcement date and time. Friday, Saturday, and Sundayof the 
second or third weekend of July; 9 p.m. to 11 p.m. each day.
    (58) Venetian Festival Fireworks; St. Joseph, MI. (i)Location. All 
waters of Lake Michigan and the St. Joseph River,near the east end of 
the south pier, within the arc of a circle with a1000-foot radius from 
the fireworks launch site located in position42[deg]06[min]48[sec] N, 
086[deg]29[min]15[sec] W (NAD 83).
    (ii) Enforcement date and time. Saturday of the thirdcomplete 
weekend of July; 9 p.m. to 11 p.m.
    (59) Joliet Waterway Daze Fireworks; Joliet, IL. (i)Location. All 
waters of the Des Plaines River, at mile 287.5,within the arc of a 
circle with a 300-foot radius from the fireworkslaunch site located in 
position 41[deg]31[min]15[sec] N,088[deg]05[min]17[sec] W (NAD 83).
    (ii) Enforcement date and time. Friday and Saturday of thethird 
complete weekend of July; 9 p.m. to 11 p.m. each day.
    (60) Charlevoix Venetian Festival Friday Night Fireworks;Charlevoix, 
MI. (i) Location. All waters of Lake Charlevoix,in the vicinity of Depot 
Beach, within the arc of a circle with a1000-foot radius from the 
fireworks launch site located on a barge inposition 
45[deg]19[min]08[sec] N, 085[deg]14[min]18[sec] W (NAD83).
    (ii) Enforcement date and time. Friday of the fourth weekendof July; 
9 p.m. to 11 p.m.
    (61) EAA Airventure; Oshkosh, WI. (i) Location. Allwaters of Lake 
Winnebago bounded by a line drawn from43[deg]57[min]30[sec] N, 
088[deg]30[min]00[sec] W; then south to43[deg]56[min]56[sec] N, 
088[deg]29[min]53[sec] W, then east to43[deg]56[min]40[sec] N, 
088[deg]28[min]40[sec] W; then north to43[deg]57[min]30[sec] N, 
088[deg]28[min]40[sec] W; then westreturning to the point of origin (NAD 
83).
    (ii) Enforcement date and time. The last complete week ofJuly, 
beginning Monday and ending Sunday; from 8 a.m. to 8 p.m. eachday.
    (62) Charlevoix Venetian Festival Saturday Night 
Fireworks;Charlevoix, MI. (i) Location. All waters of Round Lake 
withinthe arc of a circle with a 300-foot radius from the fireworks 
launchsite located on a barge in position 45[deg]19[min]03[sec] 
N,085[deg]15[min]18[sec] W (NAD 83).
    (ii) Enforcement date and time. Saturday of the fourthweekend of 
July; 9 p.m. to 11 p.m.
    (63) Venetian Night Fireworks; Saugatuck, MI. (i)Location. All 
waters of Kalamazoo Lake within the arc of acircle with a 500-foot 
radius from the fireworks launch site locatedon a barge in position 
42[deg]38[min]52[sec] N,086[deg]12[min]18[sec] W (NAD 83)
    (ii) Enforcement date and time. The last Saturday of July; 9p.m. to 
11 p.m.
    (64) Roma Lodge Italian Festival Fireworks; Racine, WI. (i)Location. 
All waters of Lake Michigan and Racine Harbor withinthe arc of a circle 
with a 1000-foot radius from the fireworks launchsite located in 
position 42[deg]44[min]04[sec] N,087[deg]46[min]20[sec] W (NAD 83).
    (ii) Enforcement date and time. Friday and Saturday of thelast 
complete weekend of July; 9 p.m. to 11 p.m.
    (65) Venetian Night Fireworks; Chicago, IL. (i)Location. All waters 
of Monroe Harbor and Lake Michigan withinthe arc of a circle with a 
1000-foot radius from the fireworks launchsite located

[[Page 775]]

on a barge in position 41[deg]52[min]41[sec] N,087[deg]36[min]37[sec] W 
(NAD 83).
    (ii) Enforcement date and time. Saturday of the last weekendof July; 
9 p.m. to 11 p.m.
    (66) Port Washington Maritime Heritage Festival Fireworks; 
PortWashington, WI. (i) Location. All waters of Port WashingtonHarbor 
and Lake Michigan, in the vicinity of the WE Energies coaldock, within 
the arc of a circle with a 1000-foot radius from thefireworks launch 
site located in position 43[deg]23[min]07[sec] N,087[deg]51[min]54[sec] 
W (NAD 83).
    (ii) Enforcement date and time. Saturday of the lastcomplete weekend 
of July or the second weekend of August; 9 p.m. to 11p.m.
    (67) [Reserved]
    (68) Grand Haven Coast Guard Festival Fireworks; Grand Haven,MI. (i) 
Location. All waters of the Grand River betweenlongitude 
087[deg]14[min]00[sec] W, near The Sag, then west tolongitude 
087[deg]15[min]00[sec] W, near the west end of the southpier (NAD 83).
    (ii) Enforcement date and time. First weekend of August; 9p.m. to 11 
p.m.
    (69) Sturgeon Bay Yacht Club Evening on the Bay Fireworks;Sturgeon 
Bay, WI. (i) Location. All waters of Sturgeon Bay,in the vicinity of the 
Sturgeon Bay Yacht Club, within the arc of acircle with a 500-foot 
radius from the fireworks launch site locatedon a barge in position 
44[deg]49[min]33[sec] N,087[deg]22[min]26[sec] W (NAD 83).
    (ii) Enforcement date and time. The first Saturday ofAugust; 9 p.m. 
to 11 p.m.
    (70) Elk Rapids Harbor Days Fireworks; Elk Rapids, MI. (i)Location. 
All waters of Grand Traverse Bay, in the vicinity ofEdward G. Grace 
Memorial Park, within the arc of a circle with a 1000-foot radius from 
the fireworks launch site located in position44[deg]53[min]58[sec] N, 
085[deg]25[min]04[sec] W (NAD 83).
    (ii) Enforcement date and time. The first Saturday ofAugust; 9 p.m. 
to 11 p.m.
    (71) Hammond Marina Venetian Night Fireworks; Hammond, IN.(i) 
Location. All waters of Hammond Marina and Lake Michiganwithin the arc 
of a circle with a 1000-foot radius from the fireworkslaunch site 
located in position 41[deg]41[min]53[sec] N,087[deg]30[min]43[sec] W 
(NAD 83).
    (ii) Enforcement date and time. The first Saturday ofAugust; 9 p.m. 
to 11 p.m.
    (72) North Point Marina Venetian Festival Fireworks; WinthropHarbor, 
IL. (i) Location. All waters of Lake Michigan withinthe arc of a circle 
with a 1000-foot radius from the fireworks launchsite located in 
position 42[deg]28[min]55[sec] N,087[deg]47[min]56[sec] W (NAD 83).
    (ii) Enforcement date and time. The second Saturday ofAugust; 9 p.m. 
to 11 p.m.
    (73) Waterfront Festival Fireworks; Menominee MI. (i)Location. All 
waters of Green Bay, in the vicinity of MenomineeMarina, within the arc 
of a circle with a 1000-foot radius from afireworks barge in position 
45[deg]06[min]17[sec] N,087[deg]35[min]48[sec] W (NAD 83).
    (ii) Enforcement date and time. Saturday following firstThursday in 
August; 9 p.m. to 11 p.m.
    (74) Ottawa Riverfest Fireworks; Ottawa, IL. (i)Location. All waters 
of the Illinois River, at mile 239.7,within the arc of a circle with a 
300-foot radius from the fireworkslaunch site located in position 
41[deg]20[min]29[sec] N,088[deg]51[min]20[sec] W (NAD 83).
    (ii) Enforcement date and time. The first Sunday of August;9 p.m. to 
11 p.m.
    (75) Algoma Shanty Days Fireworks; Algoma WI. (i)Location. All 
waters of Lake Michigan and Algoma Harbor withinthe arc of a circle with 
a 1000-foot radius from the fireworks launchsite located in position 
44[deg]36[min]24[sec] N,087[deg]25[min]54[sec] W (NAD 83).
    (ii) Enforcement date and time. Sunday of the secondcomplete weekend 
of August; 9 p.m. to 11 p.m.
    (76) New Buffalo Ship and Shore Festival Fireworks; NewBuffalo, MI. 
(i) Location. All waters of Lake Michigan andNew Buffalo Harbor within 
the arc of a circle with a 1000-foot radiusfrom the fireworks launch 
site located in position41[deg]48[min]09[sec] N, 086[deg]44[min]49[sec] 
W (NAD 83).
    (ii) Enforcement date and time. The second Sunday of August;9 p.m. 
to 11 p.m.
    (77) Pentwater Homecoming Fireworks; Pentwater, MI. (i)Location. All 
waters of Lake Michigan and the Pentwater Channelwithin the arc of a 
circle with a 1000-foot radius from the fireworks

[[Page 776]]

launch site located in position 43[deg]46[min]56.5[sec] 
N,086[deg]26[min]38[sec] W (NAD 83).
    (ii) Enforcement date and time. Saturday following thesecond 
Thursday of August; 9 p.m. to 11 p.m.
    (78) Chicago Air and Water Show; Chicago, IL. (i)Location. All 
waters and adjacent shoreline of Lake Michigan andChicago Harbor bounded 
by a line drawn from 41[deg]55[min]54[sec] Nat the shoreline, then east 
to 41[deg]55[min]54[sec] N,087[deg]37[min]12[sec] W, then southeast 
to41[deg]54[min]00[sec] N, 087[deg]36[min]00[sec] W (NAD 83), 
thensouthwestward to the northeast corner of the Jardine Water 
FiltrationPlant, then due west to the shore.
    (ii) Enforcement date and time. The third Thursday, Friday,Saturday, 
and Sunday of August; from 9 a.m. to 6 p.m. each day.
    (79) [Reserved]
    (80) Downtown Milwaukee BID 21 Fireworks; Milwaukee, WI. 
(i)Location. All waters of the Milwaukee River between the 
KilbournAvenue Bridge at 1.7 miles above the Milwaukee Pierhead Light to 
theState Street Bridge at 1.79 miles above the Milwaukee Pierhead Light.
    (ii) Enforcement date and time. The third Thursday ofNovember; 6 
p.m. to 8 p.m.
    (81) New Years Eve Fireworks; Chicago, IL. (i)Location. All waters 
of Monroe Harbor and Lake Michigan withinthe arc of a circle with a 
1000-foot radius from the fireworks launchsite located on a barge in 
position 41[deg]52[min]41[sec] N,087[deg]36[min]37[sec] W (NAD 83).
    (ii) Enforcement date and time. December 31; 11 p.m. toJanuary 1; 1 
a.m.
    (b) Definitions. The following definitions apply to thissection:
    (1) Designated representative means any Coast Guard 
commissioned,warrant, or petty officer designated by the Captain of the 
Port LakeMichigan to monitor this safety zone, permit entry into this 
zone,give legally enforceable orders to persons or vessels within 
thiszones and take other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated bythe 
United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) The general regulations in 33 CFR165.23 apply.
    (2) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port or a designated representative.Upon 
being hailed by the U.S. Coast Guard by siren, radio, flashinglight or 
other means, the operator of a vessel shall proceed asdirected.
    (3) All vessels must obtain permission from the Captain of thePort 
or a designated representative to enter, move within or exit thesafety 
zone established in this section when this safety zone isenforced. 
Vessels and persons granted permission to enter the safetyzone shall 
obey all lawful orders or directions of the Captain of thePort or a 
designated representative. While within a safety zone, allvessels shall 
operate at the minimum speed necessary to maintain asafe course.
    (d) Suspension of Enforcement. If the event concludesearlier than 
scheduled, the Captain of the Port or a designatedrepresentative will 
issue a Broadcast Notice to Mariners notifying thepublic when 
enforcement of the safety zone established by this sectionis suspended.
    (e) Exemption. Public vessels as defined in paragraph (b) ofthis 
section are exempt from the requirements in this section.
    (f) Wavier. For any vessel, the Captain of the Port LakeMichigan or 
a designated representative may waive any of therequirements of this 
section, upon finding that operational conditionsor other circumstances 
are such that application of this section isunnecessary or impractical 
for the purposes of safety or environmentalsafety.

[CGD09-07-005, 72 FR 32183, June 12, 2007]



Sec. 165.931  Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL.

    (a) Location. The following area is a safety zone: Thewaters of Lake 
Michigan within Chicago Harbor between the east end ofthe Chicago Lock 
guide wall and the Chicago Harbor breakwaterbeginning at 
41[deg]53[min]24[sec] N, 087[deg]35[min]26[sec] W;then south to 
41[deg]53[min]09[sec] N, 087[deg]35[min]26[sec] W;then east to 
41[deg]53[min]09[sec] N, 087[deg]36[min]09[sec] W;then north to 
41[deg]53[min]24[sec] N, 087[deg]36[min]09[sec] W;then back to the point 
of origin.
    (b) Definitions. The following definitions apply to thissection:

[[Page 777]]

    (1) Designated representative means any Coast Guardcommissioned, 
warrant, or petty officer designated by the Captain ofthe Port Lake 
Michigan to monitor this safety zone, permit entry intothis zone, give 
legally enforceable orders to persons or vesselswithin this zone and 
take other actions authorized by the Captain ofthe Port.
    (2) Public vessel means vessels owned, chartered, oroperated by the 
United States, or by a State or political subdivisionthereof.
    (c) Regulations. (1) The general regulations in 33 CFR165.23 apply.
    (2) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port or a designated representative.Upon 
being hailed by the U.S. Coast Guard by siren, radio, flashinglight or 
other means, the operator of a vessel shall proceed asdirected.
    (3) All vessels must obtain permission from the Captain of thePort 
or a designated representative to enter, move within or exit thesafety 
zone established in this section when this safety zone isenforced. 
Vessels and persons granted permission to enter the safetyzone shall 
obey all lawful orders or directions of the Captain of thePort or a 
designated representative. While within a safety zone, allvessels shall 
operate at the minimum speed necessary to maintain asafe course.
    (d) Notice of Enforcement or Suspension of Enforcement. Thesafety 
zone established by this section will be enforced only uponnotice of the 
Captain of the Port. The Captain of the Port will causenotice of 
enforcement of the safety zone established by this sectionto be made by 
all appropriate means to the affected segments of thepublic including 
publication in the Federal Register aspracticable, in accordance with 33 
CFR 165.7(a). Such means ofnotification may also include, but are not 
limited to Broadcast Noticeto Mariners or Local Notice to Mariners. The 
Captain of the Port willissue a Broadcast Notice to Mariners notifying 
the public whenenforcement of the safety zone established by this 
section issuspended.
    (e) Exemption. Public vessels as defined in paragraph (b) ofthis 
section are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port LakeMichigan or 
a designated representative may waive any of therequirements of this 
section, upon finding that operational conditionsor other circumstances 
are such that application of this section isunnecessary or impractical 
for the purposes of safety or environmentalsafety.

[CGD09-07-006, 72 FR 32521, June 13, 2007]



Sec. 165.933  Safety Zone, Chicago Harbor, Navy Pier East, Chicago, IL.

    (a) Location. The following area is a safety zone: Thewaters of Lake 
Michigan within Chicago Harbor between the east end ofNavy Pier and the 
Chicago Harbor breakwater beginning at41[deg]53[min]37[sec] N, 
087[deg]35[min]26[sec] W; then south to41[deg]53[min]24[sec] N, 
087[deg]35[min]26[sec] W; then east to41[deg]53[min]24[sec] N, 
087[deg]35[min]55[sec] W; then north to41[deg]53[min]37[sec] N, 
087[deg]35[min]55[sec] W; then back tothe point of origin.
    (b) Definitions. The following definitions apply to thissection:
    (1) Designated representative means any Coast Guardcommissioned, 
warrant, or petty officer designated by the Captain ofthe Port Lake 
Michigan to monitor this safety zone, permit entry intothis zone, give 
legally enforceable orders to persons or vesselswithin this zones and 
take other actions authorized by the Captain ofthe Port.
    (2) Public vessel means vessels owned, chartered, oroperated by the 
United States, or by a State or political subdivisionthereof.
    (c) Regulations. (1) The general regulations in 33 CFR165.23 apply.
    (2) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port Lake Michigan or a 
designatedrepresentative. Upon being hailed by the U.S. Coast Guard by 
siren,radio, flashing light or other means, the operator of a vessel 
shallproceed as directed.
    (3) All vessels must obtain permission from the Captain of thePort 
Lake Michigan or a designated representative to enter, movewithin or 
exit the safety zone established in this section when thissafety zone is 
enforced. Vessels and persons granted permission toenter the safety zone 
shall obey all

[[Page 778]]

lawful orders or directionsof the Captain of the Port Lake Michigan or a 
designatedrepresentative. While within a safety zone, all vessels shall 
operateat the minimum speed necessary to maintain a safe course.
    (d) Notice of Enforcement or Suspension of Enforcement. Thesafety 
zone established by this section will be enforced only uponnotice of the 
Captain of the Port. The Captain of the Port LakeMichigan will cause 
notice of enforcement of the safety zoneestablished by this section to 
be made by all appropriate means to theaffected segments of the public 
including publication in theFederal Register as practicable, in 
accordance with 33 CFR165.7(a). Such means of notification may also 
include, but are notlimited to Broadcast Notice to Mariners or Local 
Notice to Mariners.The Captain of the Port Lake Michigan will issue a 
Broadcast Notice toMariners notifying the public when enforcement of the 
safety zoneestablished by this section is suspended.
    (e) Exemption. Public vessels as defined in paragraph (b) ofthis 
section are exempt from the requirements in this section.
    (f) Wavier. For any vessel, the Captain of the Port LakeMichigan or 
a designated representative may waive any of therequirements of this 
section, upon finding that operational conditionsor other circumstances 
are such that application of this section isunnecessary or impractical 
for the purposes of safety or environmentalsafety.

[CGD09-07-007, 72 FR 32525, June 13, 2007]



Sec. 165.935  Safety Zone, Milwaukee Harbor, Milwaukee, WI.

    (a) Location. The following area is a safety zone: thewaters of Lake 
Michigan within Milwaukee Harbor including the HarborIsland Lagoon 
enclosed by a line connecting the following points:beginning at 
43[deg]02[min]00[sec] N, 087[deg]53[min]53[sec] W;then south to 
43[deg]01[min]44[sec] N, 087[deg]53[min]53[sec] W;then east to 
43[deg]01[min]44[sec] N, 087[deg]53[min]25[sec] W;then north to 
43[deg]02[min]00[sec] N, 087[deg]53[min]25[sec] W;then west to the point 
of origin.
    (b) Definitions. The following definitions apply to thissection:
    (1) Designated representative means any Coast Guardcommissioned, 
warrant, or petty officer designated by the Captain ofthe Port Lake 
Michigan to monitor this safety zone, permit entry intothis zone, give 
legally enforceable orders to persons or vesselswithin this zone and 
take other actions authorized by the Captain ofthe Port.
    (2) Public vessel means vessels owned, chartered, oroperated by the 
United States, or by a State or political subdivisionthereof.
    (c) Regulations. (1) The general regulations in 33 CFR165.23 apply.
    (2) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port or a designated representative.Upon 
being hailed by the U.S. Coast Guard by siren, radio, flashinglight or 
other means, the operator of a vessel shall proceed asdirected.
    (3) All vessels must obtain permission from the Captain of thePort 
or a designated representative to enter, move within or exit thesafety 
zone established in this section when this safety zone isenforced. 
Vessels and persons granted permission to enter the safetyzone shall 
obey all lawful orders or directions of the Captain of thePort or a 
designated representative. While within a safety zone, allvessels shall 
operate at the minimum speed necessary to maintain asafe course.
    (d) Notice of Enforcement or Suspension of Enforcement. Thesafety 
zone established by this section will be enforced only uponnotice of the 
Captain of the Port. The Captain of the Port will causenotice of 
enforcement of the safety zone established by this sectionto be made by 
all appropriate means to the affected segments of thepublic including 
publication in the Federal Register aspracticable, in accordance with 33 
CFR 165.7(a). Such means ofnotification may also include, but are not 
limited to Broadcast Noticeto Mariners or Local Notice to Mariners. The 
Captain of the Port willissue a Broadcast Notice to Mariners notifying 
the public whenenforcement of the safety zone established by this 
section issuspended.
    (e) Exemption. Public vessels as defined in paragraph (b) ofthis 
section

[[Page 779]]

are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port LakeMichigan or 
a designated representative may waive any of therequirements of this 
section, upon finding that operational conditionsor other circumstances 
are such that application of this section isunnecessary or impractical 
for the purposes of safety or environmentalsafety.

[CGD09-07-008, 72 FR 32523, June 13, 2007]



Sec. 165.939  Safety Zones; Annual Fireworks Events in the Captain of the PortBuffalo Zone.

    (a) Safety zones. The following areas are designated Safetyzones and 
are listed geographically from New York to Ohio.
    (1) Boldt Castle 4th of July Fireworks, Heart Island, NY.
    (i) Location. All waters of the St. Lawrence River within a500-foot 
radius of the land position: 44[deg]20[min]39[sec] 
N,075[deg]55[min]16[sec] W; at Heart Island, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9 p.m.to 10 
p.m. on July 4 of each year.
    (2) Clayton Chamber of Commerce Fireworks, Calumet Island,NY.
    (i) Location. All waters of the St. Lawrence River within a500-foot 
radius of land position: 44[deg]15[min]05[sec] N,076[deg]05[min]35[sec] 
W; in Calumet Island Harbor, NY. (DATUM: NAD83).
    (ii) Enforcement date. This section is effective from 9 p.m.to 10 
p.m. on July 1 of each year.
    (3) French Festival Fireworks, Cape Vincent, NY.
    (i) Location. All waters of the St. Lawrence River within a500-foot 
radius of land position: 44[deg]07[min]53[sec] N,076[deg]20[min]02[sec] 
W. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30p.m. to 
10:30 p.m. on the first or second weekend of July each year.
    (4) Brewerton Fireworks, Brewerton, NY.
    (i) Location. All waters of Lake Oneida within a 500-footradius of 
barge position: 43[deg]14[min]15[sec] N,076[deg]08[min]03[sec] W; in 
Brewerton, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30p.m. to 
10:30 p.m. on the first weekend of July each year.
    (5) Celebrate Baldwinsville Fireworks, Baldwinsville, NY.
    (i) Location. All waters of the Seneca River within a 500-foot 
radius of land position: 43[deg]09[min]21[sec] N,076[deg]20[min]01[sec] 
W. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30p.m. to 10 
p.m. on the third weekend of September each year.
    (6) Island Festival Fireworks Display, Baldwinsville, NY.
    (i) Location. All waters of the Seneca River within a 500-foot 
radius of land position: 43[deg]09[min]25[sec] N,076[deg]20[min]21[sec] 
W; in Baldwinsville, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 10p.m. to 
10:30 p.m. on the first weekend of July each year.
    (7) Seneca River Days, Baldwinsville, NY.
    (i) Location. All waters of the Seneca River within a 500-foot 
radius of land position: 43[deg]09[min]25[sec] N,076[deg]20[min]21[sec] 
W; in Baldwinsville, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30p.m. to 
10:30 p.m. on the first weekend of July each year.
    (8) Oswego Harborfest, Oswego, NY.
    (i) Location. All waters of Lake Ontario within a 1,000-footradius 
of barge position 43[deg]28[min]10[sec] N,076[deg]31[min]04[sec] W; in 
Oswego, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9p.m.to 10 
p.m. on the last Saturday in July each year.
    (9) Village Fireworks, Sodus Point, NY.
    (i) Location. All waters of Sodus Bay within a 500-footradius of 
land position: 43[deg]16[min]27[sec] N,076[deg]58[min]27[sec] W; in 
Sodus Point, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 10p.m. to 
10:30 p.m. on the first Saturday in July each year.
    (10) City of Syracuse Fireworks Celebration, Syracuse, NY.
    (i) Location. All waters of Onondaga Lake within a 350-footradius of 
land position 43[deg]03[min]37[sec] N,076[deg]09[min]59[sec] W; in 
Syracuse, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30p.m. to 
10:30 p.m. on the last weekend in June each year.
    (11) Tom Graves Memorial Fireworks, Port Bay, NY.

[[Page 780]]

    (i) Location. All waters of Port Bay within a 500-footradius of 
barge position: 43[deg]17[min]46[sec] N,076[deg]50[min]02[sec] W; in 
Port Bay, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 10p.m. to 
10:30 p.m. on the first weekend in July each year.
    (12) Rochester Harbor and Carousel Festival, Rochester, NY.
    (i) Location. All waters of Lake Ontario within a 500-footradius of 
land position: 43[deg]15[min]21[sec] N,077[deg]36[min]19[sec] W in 
Rochester, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 8 p.m.to 10 
p.m. on June 24th of each year.
    (13) North Tonawanda Fireworks Display, Tonawanda, NY.
    (i) Location. All waters of the East Niagara River within a500-foot 
radius of a barge located at position:43[deg]01[min]12[sec] N, 
078[deg]53[min]36[sec] W; in NorthTonawanda, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 
10:15 p.m. on July 4th of each year.
    (14) Tonawanda's Canal Fest Fireworks, Tonawanda, NY.
    (i) Location. All waters of the East Niagara River within a500-foot 
radius of barge position: 43[deg]01[min]12[sec] N,078[deg]53[min]36[sec] 
W; in Tonawanda, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30p.m. to 
10:30 p.m. on the fourth Sunday in July each year.
    (15) Celebrate Erie Fireworks, Erie, PA.
    (i) Location. All waters of Presque Isle Bay within an 800-foot 
radius of land position: 42[deg]08[min]19[sec] N,080[deg]05[min]29[sec] 
W; at the end of Dobbins Landing Pier, Erie,PA. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 
10:30 p.m. on the third weekend in August each year.
    (16) Ashtabula Area Fireworks, Walnut Beach, Ashtabula, OH.
    (i) Location. All waters of Lake Erie and Ashtabula Harborwithin a 
300-yard radius of land position: 41[deg]54.167[min] 
N,080[deg]48.416[min] W; in Ashtabula, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the second weekend in July each year.
    (17) Fairport Harbor Mardi Gras, Fairport Harbor, OH.
    (i) Location. All waters of Fairport Harbor and Lake Eriewithin a 
300-yard radius of land position: 41[deg]45.500[min] 
N,081[deg]16.300[min] W; east of the harbor entrance at FairportHarbor 
Beach, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the first Saturday of July each year.
    (18) Lake County Perchfest Fireworks, Fairport, OH.
    (i) Location. All waters of Fairport Harbor and Lake Eriewithin a 
300-yard radius of land position: 41[deg]45.500[min] 
N,081[deg]16.300[min] W; in Fairport, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the second weekend in September each year.
    (19) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH.
    (i) Location. All waters of Lake Erie and Mentor Harborwithin a 200-
yard radius of 41[deg]43.200[min] N,081[deg]21.400[min] W (west of the 
harbor entrance); in MentorHarbor, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the first weekend in July each year.
    (20) Browns Football Halftime Fireworks, Cleveland, OH.
    (i) Location. All navigable waters of Cleveland Harbor andLake Erie 
beginning in approximate land position: 41[deg]30.823[min]N, 
081[deg]41.620[min] W (the northwest corner of Burke LakefrontAirport); 
continuing northwest to 41[deg]31.176[min] N,081[deg]41.884[min] W; then 
southwest to 41[deg]30.810[min] N,081[deg]42.515[min] W; then southeast 
to 41[deg]30.450[min] N,081[deg]42.222[min] W (the northwest corner of 
dock 28 at theCleveland Port Authority) then northeast back to the 
starting point at41[deg]30.823[min] N, 081[deg]41.620[min] W. (DATUM: 
NAD 83).
    (ii) Enforcement date. This section is effective on a Sundayduring 
the second or third Cleveland Brown's home game each year.
    (21) City of Cleveland 4th of July Fireworks, Cleveland, OH.
    (i) Location. All navigable waters of Cleveland Harbor andLake Erie 
within a 400-yard radius of Main Entrance Light 5 (LLNR4180) at 
position: 41[deg]30.23[min] N, 081[deg]42.7[min] W; inCleveland, OH 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the first weekend in July each year.

[[Page 781]]

    (22) Dollar Bank Jamboree Fireworks Display, Cleveland,OH.
    (i) Location. All navigable waters of Cleveland Harbor andLake Erie 
beginning at land position: 41[deg]30.823[min] N,081[deg]41.620[min] W 
(the northwest corner of Burke LakefrontAirport); continuing northwest 
to 41[deg]31.176[min] N,081[deg]41.884[min] W; then southwest to 
41[deg]30.810[min] N,081[deg]42.515[min] W; then southeast to 
41[deg]30.450[min] N,081[deg]42.222[min] W (the northwest corner of dock 
28 at theCleveland Port Authority) then northeast back to the starting 
point at41[deg]30.823[min] N, 081[deg]41.620[min] W. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the first weekend in July each year.
    (23) Lakewood City Fireworks Display, Lakewood, OH.
    (i) Location. All waters of Lake Erie within a 200-yardradius of 
land position: 41[deg]29.755[min] N, 081[deg]47.780[min]W (off of 
Lakewood Park); in Lakewood, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the first weekend in July each year.
    (24) Cleveland Yachting Club Fireworks Display, Rocky River,OH.
    (i) Location. All waters of the Rocky River and Lake Eriewithin a 
200-yard radius of land position 41[deg]29.428[min] 
N,081[deg]50.309[min] W (DATUM: NAD 83) at Sunset Point on the 
westernside of the mouth of the Rocky River in Cleveland, OH.
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the third weekend in July each year.
    (25) Lorain 4th of July Celebration Fireworks Display, Lorain,OH.
    (i) Location. All waters of Lorain Harbor within a 300-yardradius of 
land position 41[deg]28.591[min] N, 082[deg]10.855[min]W (DATUM: NAD 
83), east of the harbor entrance on the end of the breakwall near 
Spitzer's Marina.
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the first weekend in July each year.
    (26) Lorain Port Fest Fireworks Display, Lorain, OH.
    (i) Location. All waters of Lorain Harbor within a 250-yardradius of 
land position: 41[deg]28.040[min] N, 082[deg]10.365[min]W; in Lorain, OH 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45p.m. to 11 
p.m. on the third weekend in July each year.
    (b) Definitions. The following definitions apply to thissection:
    (1) Designated Representative means any Coast Guardcommissioned, 
warrant, or petty officer designated by the Captain ofthe Port Buffalo 
to monitor a safety zone, permit entry into the zone,give legally 
enforceable orders to persons or vessels within thezones, and take other 
actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, oroperated by the 
United States, or by a State or political subdivisionthereof.
    (c) Regulations. (1) In accordance with the generalregulations in 
section 165.23 of this part, entry into, transiting, oranchoring within 
this safety zone is prohibited unless authorized bythe Captain of the 
Port Buffalo, or his designated representative.
    (2)(i) These safety zones are closed to all vessel traffic, exceptas 
may be permitted by the Captain of the Port Buffalo or hisdesignated 
representative.
    (ii) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port or his designated representative.
    (iii) Upon being hailed by the U.S. Coast Guard by siren, 
radio,flashing light or other means, the operator of a vessel shall 
proceedas directed.
    (3)(i)All vessels must obtain permission from the Captain of thePort 
or his designated representative to enter, move within, or exitthe 
safety zone established in this section when this safety zone 
isenforced.
    (ii) Vessels and persons granted permission to enter the safetyzone 
must obey all lawful orders or directions of the Captain of thePort or a 
designated representative.
    (iii) While within a safety zone, all vessels must operate at 
theminimum speed necessary to maintain a safe course.
    (d) Exemption. Public vessels, as defined in paragraph (b)of this 
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Buffaloor his 
designated representative may waive any

[[Page 782]]

of therequirements of this section, upon finding that operational 
conditionsor other circumstances are such that application of this 
section isunnecessary or impractical for the purposes of public or 
environmentalsafety.
    (f) Notification. The Captain of the Port Buffalo willnotify the 
public that that the zones in this proposal are or will beenforced by 
all appropriate means to the affected segments of thepublic including 
publication in the Federal Register aspracticable, in accordance with 33 
CFR 165.7(a). Such means ofnotification may also include, but are not 
limited to Broadcast Noticeto Mariners or Local Notice to Mariners. The 
Captain of the Port willissue a Broadcast Notice to Mariners notifying 
the public whenenforcement of the safety zone established by this 
section iscancelled.

[USCG-2008-0219, 73 FR 28705, May 19, 2008]

                      Eleventh Coast Guard District



Sec. 165.T11-036  Safety Zone; San Diego Symphony Orchestra; San Diego, CA.

    (a) Location. The limits of the temporary safety zone wouldinclude a 
150 radius around the anchored firing barge located atapproximately 
32[deg]42[min]12[sec] N., 117[deg]10[min]01[sec]W.
    (b) Enforcement Period. This section will be enforced from 9p.m. to 
10 p.m. on each of the following days: June 14, June27-28, July 4-6, 
July 11-13, July 18-20,July 24-26, August 1-3, August 8-10, August15-16, 
August 21-23, and August 29-31, 2008. Ifthe need for the safety zone 
ends before the scheduled terminationtime, the Captain of the Port will 
cease enforcement of this safetyzone.
    (c) Definitions. The following definition applies to thissection: 
Designated representative means any commissioned,warrant, and petty 
officer of the Coast Guard on board Coast Guard,Coast Guard Auxiliary, 
and local, state, and federal law enforcementvessels who has been 
authorized to act on the behalf of the Captain ofthe Port.
    (d) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.23 of this part, entry into, transitthrough or anchoring 
within this zone by all vessels is prohibitedunless authorized by the 
Captain of the Port San Diego or hisdesignated representative.
    (2) Mariners requesting permission to transit through the safetyzone 
may request authorization to do so from the Patrol Commander(PATCOM). 
The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions ofthe 
Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel bysiren, 
radio, flashing light, or other means, the operator of a vesselshall 
proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, orlocal 
agencies.

[USCG-2008-0399, 73 FR 35344, June 23, 2008]

    Effective Date Note: By USCG-2008-0399, 73FR 35344, June 23, 2008, 
temporary Sec. 165.T11-036was added, effective June 14, 2008 through 
Aug. 31, 2008.



Sec. 165.1101  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: thewater area 
within Naval Station, San Diego enclosed by the followingpoints: 
Beginning at 32[deg]41[min]16.5[sec] N,117[deg]08[min]01[sec] W (Point 
A); thence running southwesterly to32[deg]40[min]58.3[sec] N, 
117[deg]08[min]11.0[sec] W (Point B);to 32[deg]40[min]36.0[sec] N 
117[deg]07[min]49.1[sec] W (PointC); to 32[deg]40[min]17.0[min] N, 
117[deg]07[min]34.6[sec] W(Point D); to 32[deg]39[min]36.4[sec] 
N,117[deg]07[min]24.8[sec] W (Point E); to 32[deg]39[min]38.5[sec]N 
117[deg]07[min]06.5[sec] W, (Point F); thence running 
generallynorthwesterly along the shoreline of the Naval Station to the 
place ofthe beginning. All coordinates referenced use datum: NAD 1983.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into the areaof this zone is prohibited 
unless authorized by the Captain of thePort San Diego; Commander, Naval 
Base San Diego; Commander, NavyRegion Southwest; or the Commanding 
Officer, Naval Station, San Diego.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number619-683-6495 or on 
VHF channel 16 (156.8 MHz) to seekpermission to

[[Page 783]]

transit the area. If permission is granted, allpersons and vessels must 
comply with the instructions of the Captainof the Port or his or her 
designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego 04-019, 70 FR 2021, Jan. 12, 2005]



Sec. 165.1102  Security Zone: San Diego Bay, California.

    (a) Location. The following area is a security zone: Thewater area 
adjacent to the Naval Ocean Systems Center, San Diego,California, and 
the Naval Supply Center, San Diego, California,described as follows:

    Commencing at a point on the shoreline of Point Loma, at 
latitude32[deg]41[min]57.8[sec] N, longitude 117[deg]14[min]17.5[sec] 
W(Point A), for a place of beginning; thence easterly to 
latitude32[deg]41[min]56.0[sec] N, longitude 117[deg]14[min]09.9[sec] 
W(Point B); thence northeasterly to latitude 32[deg]42[min]03.8[sec]N, 
longitude 117[deg]14[min]04.7[sec] W (Point C); thencenortheasterly to 
latitude 32[deg]42[min]10.2[sec] N, longitude117[deg]14[min]00.6[sec] W 
(Point D); thence northwesterly tolatitude 32[deg]42[min]14.6[sec] N, 
longitude117[deg]14[min]02.1[sec] W (Point E); thence northwesterly 
tolatitude 32[deg]42[min]22.7[sec] N, longitude117[deg]14[min]05.8[sec] 
W (Point F); thence northwesterly tolatitude 32[deg]42[min]28.3[sec] N, 
longitude117[deg]14[min]08.4[sec] W (Point G); thence westerly to 
latitude32[deg]42[min]28.3[sec] N, longitude 117[deg]14[min]09.6[sec] 
W(Point H); thence generally southerly along the shoreline of PointLoma 
to the place of beginning (Point A).

    (b) Regulations. In accordance with the general regulationsin Sec. 
165.33 of this part, entry into the area of thiszone is prohibited 
unless authorized by the Captain of the Port, theCommander, Naval Base, 
San Diego, the Commander, Naval Ocean SystemsCenter, San Diego, or the 
Commanding Officer, Naval Supply Center, SanDiego. Section 165.33 also 
contains other general requirements.

[COTP San Diego Reg. 85-20, 51 FR 8197, Mar. 10, 1986.Redesignated by 
USCG-2001-9286, 66 FR 33642, June 25,2001]



Sec. 165.1103  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: Thewater 
adjacent to the Naval Submarine Base, San Diego, commencing on apoint on 
the shoreline of Ballast Point, at32[deg] 41[min]11.2[sec] N,117[deg] 
13[min]57.0[sec] W (Point A), thence northerly to32[deg] 
41[min]31.8[sec] N,117[deg] 14[min]00.6[sec] W (Point B), thence 
westerly to32[deg] 41[min]32.7[sec] N,117[deg] 14[min]03.2[sec] W (Point 
C), thence southwesterlyto 32[deg] 41[min]30.5[sec] N,117[deg] 
14[min]17.5[sec] W (Point D), thence generallysoutheasterly along the 
shoreline of the Naval Submarine Base to thepoint of beginning, (Point 
A). All coordinates referenced use datum:NAD 1983.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into the areaof this zone is prohibited 
unless authorized by the Captain of thePort San Diego; Commander, Naval 
Base Point Loma; or Commander, NavyRegion Southwest.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number619-683-6495 or on 
VHF channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego 03-010, 68 FR 25290, May 12, 2003]



Sec. 165.1104  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: on thewaters 
along the northern shoreline of Naval Base Coronado, the areaenclosed by 
the following points: Beginning at32[deg]42[min]53.0[sec] N, 
117[deg]11[min]45.0 W (Point A);thence running northerly to 
32[deg]42[min]55.5[sec] N,117[deg]11[min]45.0[sec] W, (Point B); thence 
running easterly to32[deg]42[min]57.0[sec] N, 117[deg]11[min]31.0[sec] 
W, (PointC); thence southeasterly to 32[deg]42[min]42.0[sec] 
N,117[deg]11[min]04.0[sec] W (Point D);

[[Page 784]]

thence southeasterly to32[deg]42[min]21.0[sec] N, 
117[deg]10[min]47.0[sec] W (Point E)thence running southerly to 
32[deg]42[min]13.0[sec] N,117[deg]10[min]51.0[sec] W (Point F); thence 
running generallynorthwesterly along the shoreline of Naval Base 
Coronado to the placeof beginning. All coordinates referenced use datum: 
NAD 1983.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into the area of thiszone is prohibited 
unless authorized by the Captain of the Port SanDiego; Commander, Naval 
Base Coronado, or Commander, Navy RegionSouthwest.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number619-683-6495 or on 
VHF channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego, 68 FR 25290, May 12, 2003]



Sec. 165.1105  Security Zone: San Diego Bay, California.

    (a) Location. (1) The following area is a security zone: Thewater 
area adjacent to Naval Air Station North Island, Coronado,California, 
and within 100 yards (91 meters) of Bravo Pier, andvessels moored 
thereto, bounded by the following points (when novessel is moored at the 
pier):
    (i) Latitude 32[deg]41[min]53.0[sec] N, 
Longitude117[deg]13[min]33.6[sec] W;
    (ii) Latitude 32[deg]41[min]53.0[sec] N, 
Longitude117[deg]13[min]40.6[sec] W;
    (iii) Latitude 32[deg]41[min]34.0[sec] N, 
Longitude117[deg]13[min]40.6[sec] W;
    (iv) Latitude 32[deg]41[min]34.0[sec] N, 
Longitude117[deg]13[min]34.1[sec] W.
    (2) Because the area of this security zone is measured from thepier 
and from vessels moored thereto, the actual area of this securityzone 
will be larger when a vessel is moored at Bravo Pier.
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.33 of this part, entry into the area of thiszone is prohibited 
unless authorized by the Captain of the Port or theCommanding Officer, 
Naval Air Station North Island. Section 165.33also contains other 
general requirements.

[COTP San Diego Reg. 85-11, 51 FR 3776, Jan. 30, 1986,as amended at 52 
FR 8893, Mar. 20, 1987. Redesignated byUSCG-2001-9286, 66 FR 33642, June 
25, 2001]



Sec. 165.1106  San Diego Bay, California--safety zone.

    (a) The waters of San Diego Bay enclosed by the followingboundaries 
are a safety zone:
    From a point located on the boundary of Coast Guard Air StationSan 
Diego, California at latitude 32[deg]43[min]37.2[sec] N,longitude 
117[deg]10[min]45.0[sec] W (point A), for a point ofbeginning; thence 
southeasterly to latitude 32[deg]43[min]36.2[sec]N, longitude 
117[deg]10[min]41.5[sec] W (point B); thencesouthwesterly to latitude 
32[deg]43[min]20.2[sec] N, longitude117[deg]10[min]49.5[sec] W (point 
C); thence northwesterly tolatitude 32[deg]43[min]25.7[sec] N, 
longitude117[deg]11[min]04.6[sec] W (point D); thence northeasterly 
tolatitude 32[deg]43[min]35.7[sec] N, longitude117[deg]10[min]59.5[sec] 
W (point E); thence generally easterlyalong the air station boundary to 
the point of beginning (point A).
    (b)(1) In accordance with the general regulations inSec. 165.23 of 
this part, entry into the area of this zoneis prohibited unless 
authorized by the Captain of the Port, except asprovided for below.
    (2) Vessels may transit the area of this safety zone 
withoutpermission, but may not anchor, stop, remain within the zone, 
orapproach within 100 yards (92 meters) of the land area of Coast 
GuardAir Station San Diego or structures attached thereto.

[CGD 85-034, 50 FR 14703, Apr. 15, 1985 and COTP SanDiego Reg. 85-06, 50 
FR 38003, Sept. 19, 1985. Redesignated byUSCG-2001-9286, 66 FR 33642, 
June 25, 2001]



Sec. 165.1107  San Diego Bay, California.

    (a) Location. The area encompassed by the followinggeographic 
coordinates is a regulated navigation area:

32[deg]41[min]24.6[sec] N            117[deg]14[min]21.9[sec] W
32[deg]41[min]34.2[sec] N            117[deg]13[min]58.5[sec] W
32[deg]41[min]34.2[sec] N            117[deg]13[min]37.2[sec] W
 

[[Page 785]]

 
Thence south along the shoreline to
 
32[deg]41[min]11.2[sec] N            117[deg]13[min]31.3[sec] W
32[deg]41[min]11.2[sec] N            117[deg]13[min]58.5[sec] W
 
Thence north along the shoreline to the point of origin.
 

    Datum: NAD 1983.
    (b) Regulations. (1) During submarine docking/undockingoperations at 
the U.S. Naval Submarine Base on Ballast Point, SanDiego Bay, 
California, mariners transiting within the regulatednavigation area 
shall proceed at a speed that generates no wake fromtheir vessel.
    (2) The Coast Guard will issue a Broadcast Notice to Mariners, andif 
time permits a Local Notice to Mariners, to inform the maritimecommunity 
of the dates and times of the submarine docking/undockingoperations 
covered by paragraph (b)(1).
    (3) The master and/or operator of a vessel within the 
regulatednavigation area shall comply with any other orders or 
directionsissued by the Coast Guard as required for the safety of the 
submarinedocking/undocking operations covered by paragraph (b)(1).

[CGD11-90-07, 56 FR 14645, Apr. 11, 1991; 56 FR40360, Aug. 14, 1991, as 
amended by USCG-1998-3799, 63FR 35533, June 30, 1998. Redesignated by 
USCG-2001-9286,66 FR 33642, June 25, 2001]



Sec. 165.1108  Security Zones; Cruise Ships, Port of San Diego, California.

    (a) Definition. ``Cruise ship'' as used in thissection means a 
passenger vessel, except for a ferry, 100 gross tonsor more, authorized 
to carry more than 12 passengers for hire; capableof making 
international voyages lasting more than 24 hours, any partof which is on 
the high seas; and for which passengers are embarked,disembarked or at a 
port of call in the San Diego port.
    (b) Location. The following areas are security zones:
    (1) All waters, extending from the surface to the sea floor,within a 
100 yard radius around any cruise ship that is anchored at adesignated 
anchorage within the San Diego port area inside the seabuoys bounding 
the port of San Diego.
    (2) The shore area and all waters, extending from the surface tothe 
sea floor, within a 100 yard radius around any cruise ship that ismoored 
at any berth within the San Diego port area inside the seabuoys bounding 
the Port of San Diego; and
    (3) All waters, extending from the surface to the sea floor,within a 
100 yard radius around any cruise ship that is underway onthe waters 
inside the sea buoys bounding the Port of San Diego.
    (c) Regulations. (1) In accordance with the generalregulation in 
Sec. 165.33 of the part, entry into orremaining in these zones is 
prohibited unless authorized by the CoastGuard Captain of the Port, San 
Diego or his designated representative.
    (2) Persons desiring to transit the area of the security zones 
maycontact the Captain of the Port at telephone number (619)683-6495 or 
on VHF-FM channel 16 (156.8 MHz) to seek permissionto transit the area. 
If permission is granted, all persons and vesselsmust comply with the 
instructions of the Captain of the Port or his orher designated 
representative.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.
    (e) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the security zones by the San Diego HarborPolice.

[COTP San Diego 02-026, 68 FR 1008, Jan. 8, 2003]



Sec. 165.1110  Security Zone: Coronado Bay Bridge, San Diego, CA.

    (a) Location. All navigable waters of San Diego Bay, fromthe surface 
to the sea floor, within 25 yards of all piers, abutments,fenders and 
pilings of the Coronado Bay Bridge. These security zoneswill not 
restrict the main navigational channel nor will it restrictvessels from 
transiting through the channel.
    (b) Regulations. (1) Under Sec. 165.33, entryinto, transit through, 
loitering, or anchoring within any of thesesecurity zones by all persons 
and vessels is prohibited, unlessauthorized by the Captain of the Port, 
or his designatedrepresentative. Mariners seeking permission to transit 
through asecurity zone may request authorization to do so from Captain 
of thePort or his designated representative. The Coast

[[Page 786]]

Guard can becontacted on San Diego Bay via VHF-FM channel 16.
    (2) Vessels may enter a security zone if it is necessary for 
safenavigation and circumstances do not allow sufficient time to 
obtainpermission from the Captain of the Port.

[COTP San Diego 04-015, 69 FR 43915, July 23, 2004]



Sec. 165.1120  Security Zone; Naval Amphibious Base, San Diego, CA.

    (a) Location. The following area is a security zone: thewaters of 
San Diego Bay, enclosed by lines connecting the followingpoints: 
Beginning at 32[deg]40[min]30.0[sec] N,117[deg]10[min]03.0[sec] W (Point 
A); thence running northeasterlyto 32[deg]40[min]54.0[sec] N, 
117[deg]09[min]35.5[sec] W (PointB); thence running northeasterly to 
32[deg]40[min]55.0[sec] N,117[deg]09[min]27.0[sec] W (Point C); thence 
running southeasterlyto 32[deg]40[min]43.0[sec] N, 
117[deg]09[min]09.0[sec] W (PointD); thence running southerly to 
32[deg]40[min]39.0[sec] N,117[deg]09[min]08.0[sec] (Point E); thence 
running southwesterly to32[deg]40[min]30.0[sec] N, 
117[deg]09[min]12.9[sec] W (Point F);thence running a short distance to 
32[deg]40[min]29.0[sec] N,117[deg]09[min]14.0[sec] W (Point G); thence 
running southwesterlyto 32[deg]40[min]26.0[sec] N, 
117[deg]09[min]17.0[sec] W (PointH); thence running northwesterly to the 
shoreline to 32[deg]40[min]31.0[sec] N, 117[deg]09[min] 22.5[sec] W 
(Point I), thence runningalong the shoreline to the beginning point.
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.33 of this part, entry into the area of thiszone is prohibited 
unless authorized by the Captain of the Port or theCommander, Navy 
Region Southwest.
    (c) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of this security zone by the U.S. Navy.

[CGD11-01-011, 67 FR 4661, Jan. 31, 2002]



Sec. 165.1121  Security Zone: Fleet Supply Center Industrial Pier, San Diego, CA.

    (a) Location. The following area is a security zone: thewaters of 
San Diego Bay extending approximately 100 feet from thenorth, west, and 
south sides of the Fleet Industrial Supply Centerenclosed by lines 
connecting the following points: Beginning at32[deg]42[min]50[sec] N, 
117[deg]10[min]25[sec] W (Point A); to32[deg]42[min]50[sec] N, 
117[deg]10[min]38[sec] W (Point B); to32[deg]42[min]54[sec] N, 
117[deg]10[min]38[sec] W (Point C); to32[deg]42[min]54[sec] N, 
117[deg]10[min]25[sec] W (Point D).
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.33, entry into the area of this zone isprohibited unless authorized 
by the Captain of the Port or theCommander, Navy Region Southwest. 
Section 165.33 also contains othergeneral requirements.
    (c) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of this security zone by the U.S. Navy.

[CGD11-01-008, 67 FR 4660, Jan. 31, 2002]



Sec. 165.1122  San Diego Bay, Mission Bay and their Approaches--Regulatednavigation area.

    (a) Regulated navigation area. The following area is aregulated 
navigation area (RNA): All waters of San Diego Bay, MissionBay, and 
their approaches encompassed by a line commencing at Point LaJolla 
(32[deg]51[min]06[sec] N, 117[deg]16[min]42[sec] W);thence proceeding 
seaward on a line bearing 255[deg] T to theoutermost extent of the 
territorial seas; thence proceeding southerlyalong the outermost extent 
of the territorial seas to the intersectionof the maritime boundary with 
Mexico; thence proceeding easterly,along the maritime boundary with 
Mexico to its intersection with theCalifornia coast; thence proceeding 
northerly, along the shoreline ofthe California coast--and including the 
inland waters of SanDiego Bay and Mission Bay, California, shoreward of 
the COLREGSDemarcation Line --back to the point of origin. All 
coordinatesreference 1983 North American Datum (NAD 83).
    (b) Definitions. As used in this section--
    COLREGS Demarcation Line means the line described at 33 CFR80.1104 
or 80.1106.
    Public vessel means a vessel that is owned ordemise--(bareboat) 
chartered by the government of the UnitedStates, by a State or local 
government, or by the government of aforeign country and that is not 
engaged in commercial service.
    Vessel means every description of watercraft or otherartificial 
contrivance used, or capable of being used, as

[[Page 787]]

a meansof transportation on water other than a public vessel.
    (c) Applicability. This section applies to all vessels of100 gross 
tons (GT) or more, including tug and barge combinations of100 GT or more 
(combined), operating within the RNA, with theexception of public 
vessels, vessels not intending to cross theCOLREGS Demarcation Line and 
enter San Diego Bay or Mission Bay, andany vessels exercising rights 
under principles of international law,including innocent passage or 
force majeure, within the area of thisRNA. Vessels operating properly 
installed, operational, type approvedautomatic identification system 
(AIS) as denoted in 33 CFR 164.46 areexempted from making requests as 
required in this regulation.
    (d) Regulations. (1) No vessel to which this rule appliesmay enter, 
depart or move within San Diego Bay or Mission Bay unlessit complies 
with the following requirements:
    (i) Obtain permission to enter San Diego Bay or Mission Bay fromthe 
Captain of the Port or designated representative immediately 
uponentering the RNA. However, to avoid potential delays, we 
recommendseeking permission 30 minutes prior to entering the RNA.
    (ii) Follow all instructions issued by the Captain of the Port 
ordesignated representative.
    (iii) Obtain permission for any departure from or movement withinthe 
RNA from the Captain of the Port or designated representativeprior to 
getting underway.
    (iv) Follow all instructions issued by the Captain of the Port 
ordesignated representative.
    (v) Requests may be made by telephone at619-278-7033 (select option 
2) or via VHF-FMradiotelephone on channel 16 (156.800 Mhz). The call 
sign forradiotelephone requests to the Captain of the Port or 
designatedrepresentative is ``Coast Guard Sector San Diego.''
    (2) For purposes of the requirements in paragraph (d)(1) of 
thissection, the Captain of the Port or designated representative 
meansany official designated by the Captain of the Port, including but 
notlimited to commissioned, warrant, and petty officers of the U.S. 
CoastGuard, and any U.S. Coast Guard patrol vessel. Upon being hailed by 
aU.S. Coast Guard vessel by siren, radio, flashing light, or othermeans, 
the operator of a vessel shall proceed as directed.
    (e) Waivers. The Captain of the Port or designatedrepresentative 
may, upon request, waive any regulation in thissection.

[CGD11-05-002, 70 FR 70495, November 22, 2005]



Sec. 165.1131  Security Zone: Wilson Cove, San Clemente Island, California.

    (a) Location. The following area is a security zone: Thewater area 
adjacent to San Clemente Island, California within 1.5nautical miles 
(1.73 statute miles, 2.8 kilometers) of the shorelineof San Clemente 
Island from Wilson Cove North End Light (LLNR 2565) toSpruce Pier, 
approximately 4.1 nautical miles (4.7 statute miles, 7.65kilometers) 
southeast of Wilson Cove North End Light, described asfollows:
    Starting at a point on the shoreline of San Clemente 
Island,California, in position 33[deg]01[min]25.0[sec] 
N,118[deg]33[min]43.0[sec] W, for a place of beginning (point A),thence 
northeasterly to 33[deg]02[min]11.0[sec] N,118[deg]32[min]13.5[sec] W 
(point B), thence southeasterly to 32[deg]58[min]40.5[sec] N, 
118[deg]29[min]15.5[sec] W (point C),thence southwesterly to 
32[deg]57[min]54.0[sec] N,118[deg]31[min]17.2[sec] W (point D), thence 
northwesterly alongthe shoreline of San Clemente Island to the place of 
beginning.
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.33 of this part, entry into the area of thiszone is prohibited 
unless authorized by the Captain of the Port, SanDiego, California. 
Section 165.33 also contains other generalrequirements.

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



Sec. 165.1151  Security Zones; liquefied hazardous gas tank vessels, San PedroBay, California.

    (a) Definition. ``Liquefied Hazardous Gas'' asused in this section 
means a liquid containing one or more of theproducts listed in Table 
127.005 of this part that is carried in bulkon board a tank vessel as 
liquefied petroleum gas,

[[Page 788]]

liquefiednatural gas, or similar liquefied gas products.
    (b) Location. The following areas are security zones:
    (1) All waters, extending from the surface to the sea floor,within a 
500 yard radius around any liquefied hazardous gas (LHG) tankvessel that 
is anchored at a designated anchorage either inside theFederal 
breakwaters bounding San Pedro Bay or outside at designatedanchorages 
within three nautical miles of the breakwater;
    (2) The shore area and all waters, extending from the surface tothe 
sea floor, within a 500 yard radius around any LHG tank vesselthat is 
moored, or in the process of mooring, at any berth within theLos Angeles 
or Long Beach port areas inside the Federal breakwatersbounding San 
Pedro Bay;
    (3) All waters, extending from the surface to the sea floor,within 
1000 yards ahead and 500 yards on each side and astern of anyLHG tank 
vessel that is underway either on the waters inside theFederal 
breakwaters bounding San Pedro Bay or on the waters withinthree nautical 
miles seaward of the Federal breakwaters.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into orremaining in these zones is 
prohibited unless authorized by the CoastGuard Captain of the Port Los 
Angeles-Long Beach, or his or herdesignated representative.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number (800)221-USCG 
(8724) or on VHF-FM channel 16 (156.8 MHz) to seekpermission to transit 
the area. If permission is granted, all personsand vessels shall comply 
with the instructions of the Captain of thePort or his or her designated 
representative.
    (3) When any LHG tank vessels approach within 500 yards of avessel 
that is moored or anchored, the stationary vessel must staymoored or 
anchored while it remains within the LHG tank vessel'ssecurity zone 
unless it is either ordered by or given permission fromthe Captain of 
the Port Los Angeles-Long Beach to do otherwise.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.
    (e) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of these security zones by the Los Angeles PortPolice 
and the Long Beach Police Department.

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



Sec. 165.1152  San Pedro Bay, California--Regulated navigation area.

    (a) Applicability. This section applies to all vesselsunless 
otherwise specified. (Note: All geographic coordinates aredefined using 
North American Datum 1983 (NAD 83)).
    (b) Deviations. The Captain of the Port of Los Angeles-LongBeach or 
his or her designated representative may authorize adeviation from the 
requirements of this regulation when it is deemednecessary in the 
interests of safety.
    (c) Location. (1) The San Pedro Bay Regulated NavigationArea (RNA) 
consists of the water area enclosed by the Los Angeles-LongBeach 
breakwater and a line connecting Point Fermin Light at33[deg]42.30[min] 
N, 118[deg]17.60[min] W, with the followinggeographical positions:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]35.50[min] N......................  118[deg]17.60[min] W
33[deg]35.50[min] N......................  118[deg]09.00[min] W
33[deg]37.70[min] N......................  118[deg]06.50[min] W
33[deg]43.40[min] N......................  118[deg]10.80[min] W
------------------------------------------------------------------------

    (2) The San Pedro Bay RNA consists of the following named sub-areas, 
defined by lines connecting their respective geographiccoordinates:
    (i) The Los Angeles Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33[deg]42.50[min] N.................  118[deg]15.10[min] W
                                      (Los Angeles Light)
33[deg]42.62[min] N.................  118[deg]14.70[min] W
33[deg]41.30[min] N.................  118[deg]13.50[min] W
33[deg]40.85[min] N.................  118[deg]14.90[min] W
33[deg]42.50[min] N.................  118[deg]15.10[min] W
------------------------------------------------------------------------

    (ii) The Long Beach Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33[deg]43.40[min] N.................  118[deg]11.20[min] W
                                      (Long Beach Light)
33[deg]43.40[min] N.................  118[deg]10.80[min] W
33[deg]41.50[min] N.................  118[deg]10.22[min] W
33[deg]40.52[min] N.................  118[deg]10.22[min] W
33[deg]40.52[min] N.................  118[deg]11.82[min] W
33[deg]41.50[min] N.................  118[deg]11.82[min] W
33[deg]43.40[min] N.................  118[deg]11.20[min] W
------------------------------------------------------------------------


[[Page 789]]

    (iii) The Los Angeles Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]42.47[min] N......................  118[deg]14.95[min] W
33[deg]42.56[min] N......................  118[deg]14.75[min] W
33[deg]39.48[min] N......................  118[deg]13.32[min] W
33[deg]39.42[min] N......................  118[deg]13.55[min] W
33[deg]42.47[min] N......................  118[deg]14.95[min] W
------------------------------------------------------------------------

    (iv) The Long Beach Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]43.43[min] N......................  118[deg]11.15[min] W
33[deg]43.39[min] N......................  118[deg]10.90[min] W
33[deg]41.51[min] N......................  118[deg]10.71[min] W
33[deg]41.50[min] N......................  118[deg]10.95[min] W
33[deg]43.43[min] N......................  118[deg]11.15[min] W
------------------------------------------------------------------------

    (v) Los Angeles Deep Water Pilot Area: A 0.5nm radius 
around33[deg]39.00[min] N, 118[deg]13.19[min] W.
    (d) General regulations. The following regulations containedin 
paragraphs (d)(1) through (d)(3) of this section apply to powerdriven 
vessels of 1600 or more gross tons, a towing vessel of 8 
meters(approximately 26 feet) or over in length engaged in towing, 
orvessels of 100 gross tons and upward carrying one or more 
passengersfor hire.
    (1) A vessel shall not exceed a speed of 12 knots through thewater 
within the RNA.
    (2) A vessel navigating within the RNA, shall have its 
engine(s)ready for immediate maneuver and shall operate its engine(s) in 
acontrol mode and on fuel that will allow for an immediate response 
toany engine order, ahead or astern, including stopping its engine(s)for 
an extended period of time.
    (3) A vessel navigating within the RNA shall maintain a 
minimumseparation from other vessels of at least 0.25 nm.
    (e) Specific regulations--(1) Los Angeles PilotArea. (i) No vessel 
may enter the Los Angeles Pilot Area unless itis entering or departing 
Los Angeles Harbor entrance (Angels Gate).
    (ii) Vessels entering the Los Angeles Pilot Area shall passdirectly 
through without stopping or loitering except as necessary toembark or 
disembark a pilot.
    (2) Long Beach Pilot Area. (i) No vessel may enter the LongBeach 
Pilot Area unless it is entering or departing Long Beach Harborentrance 
(Queens Gate).
    (ii) Vessels entering the Long Beach Pilot Area shall passdirectly 
through without stopping or loitering except as necessary toembark or 
disembark a pilot.
    (iii) Every vessel shall leave Long Beach Approach Lighted 
WhistleBuoy ``LB'' to port when entering and departing Long BeachChannel 
and departing vessels shall pass across the southern boundaryof the Long 
Beach Pilot Area.
    (3) Los Angeles and Long Beach Deep Water Traffic Lanes.When a 
vessel of 50 foot draft or greater is using the Los Angeles orLong Beach 
Deep Water Traffic Lane no other vessel shall enter theDeep Water 
Traffic Lane if it will result in a meeting, crossing orovertaking 
situation.
    (4) Los Angeles Deep Water Pilot Area. When a vessel of 50foot draft 
or greater is embarking or disembarking a pilot in the LosAngeles Deep 
Water Pilot Area no other vessel shall enter the DeepWater Pilot Area.
    (5) Vessels described in paragraph (d) of this section may notenter 
the waters between Commercial Anchorage G and the MiddleBreakwater as 
defined by an area enclosed by the line beginning at LosAngeles Main 
Channel Entrance Light 2 (33[deg]42.70[min] N,118[deg]14.70[min] W), 
thence east along the Middle Breakwater toLong Beach Light 
(33[deg]43.40[min] N, 118[deg]11.20[min] W),thence south to 
(33[deg]43.08[min] N, 118[deg]11.26[min] W),thence westerly to 
(33[deg]43.08[min] N, 118[deg]12.26[min] W),thence southwesterly 
parallel to the breakwater to(33[deg]42.43[min] N, 118[deg]14.30[min] 
W), thence to the pointof origin, unless such vessel is:
    (i) In an emergency;
    (ii) Proceeding to anchor in or departing Commercial Anchorage G;
    (iii) Standing by with confirmed pilot boarding arrangements; or,
    (iv) Engaged in towing vessels to or from Commercial Anchorage G,or 
to or from the waters between Commercial Anchorage G and the 
MiddleBreakwater.

[CGD11-00-007, 65 FR 62294, Oct. 18, 2000.Redesignated by USCG-2001-
9286, 66 FR 33642, June 25,2001]

[[Page 790]]



Sec. 165.1154  Security Zones; Cruise Ships, San Pedro Bay, California.

    (a) Definition. ``Cruise ship'' as used in thissection means a 
passenger vessel, except for a ferry, over 100 feet inlength, authorized 
to carry more than 12 passengers for hire; makingvoyages lasting more 
than 24 hours, any part of which is on the highseas; and for which 
passengers are embarked or disembarked in the Portof Los Angeles or Port 
of Long Beach.
    (b) Location. The following areas are security zones:
    (1) All waters, extending from the surface to the sea floor,within a 
100 yard radius around any cruise ship that is anchored at adesignated 
anchorage either inside the Federal breakwaters boundingSan Pedro Bay or 
outside at designated anchorages within 3 nauticalmiles of the Federal 
breakwaters;
    (2) The shore area and all waters, extending from the surface tothe 
sea floor, within a 100 yard radius around any cruise ship that 
ismoored, or is in the process of mooring, at any berth within the 
LosAngeles or Long Beach port areas inside the Federal 
breakwatersbounding San Pedro Bay; and
    (3) All waters, extending from the surface to the sea floor,within 
200 yards ahead, and 100 yards on each side and astern of acruise ship 
that is underway either on the waters inside the Federalbreakwaters 
bounding San Pedro Bay or on the waters within 3 nauticalmiles seaward 
of the Federal breakwaters.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into orremaining in these zones is 
prohibited unless authorized by the CoastGuard Captain of the Port, Los 
Angeles-Long Beach, or his designatedrepresentative.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number1-800-221-USCG 
(8724) or on VHF-FM channel 16(156.8 MHz) to seek permission to transit 
the area. If permission isgranted, all persons and vessels must comply 
with the instructions ofthe Captain of the Port or his or her designated 
representative.
    (3) When a cruise ship approaches within 100 yards of a vesselthat 
is moored, or anchored, the stationary vessel must stay moored 
oranchored while it remains within the cruise ship's security zoneunless 
it is either ordered by, or given permission from, the COTP LosAngeles-
Long Beach to do otherwise.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.
    (e) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of the security zone by the Los Angeles PortPolice and 
the Long Beach Police Department.

[COTP Los Angeles-Long Beach 02-004, 67 FR 72563, Dec.6, 2002]



Sec. 165.1155  Security Zone; Diablo Canyon Nuclear Power Plant, Avila Beach,California.

    (a) Location. The following area is a security zone: allwaters of 
the Pacific Ocean, from surface to bottom, within a 2,000yard radius of 
Diablo Canyon Nuclear Power Plant centered at 
position35[deg]12[min]23[sec] N, 120[deg]51[min]23[sec] W. [Datum: 
NAD83].
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into orremaining in this zone is 
prohibited unless authorized by the CoastGuard Captain of the Port, Los 
Angeles-Long Beach, or his or herdesignated representative.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number1-800-221-8724 or 
on VHF-FM channel 16 (156.8MHz). If permission is granted, all persons 
and vessels must complywith the instructions of the Captain of the Port 
or his or herdesignated representative.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.

[COTP Los Angeles-Long Beach 02-006, 67 FR 77430, Dec.18, 2002]



Sec. 165.1156  Safety Zone; Offshore Marine Terminal, El Segundo, CA.

    (a) Location. The following area is a safety zone: Allwaters of 
Santa Monica Bay, from surface to bottom, enclosed by a linebeginning at 
latitude 33[deg]54[min]59[sec] N, longitude118[deg]26[min]50[sec] W; 
then to latitude 33[deg]54[min]59[sec]N, longitude 
118[deg]27[min]34[sec] W; then to latitude33[deg]54[min]00[sec] N, 
longitude 118[deg]27[min]34[sec] W;then to latitude

[[Page 791]]

33[deg]54[min]00[sec] N, longitude118[deg]26[min]50[sec] W; then to the 
point of beginning (NAD1983).
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.23 of this part, entry into ormovement within this zone is 
prohibited except for:
    (i) Commercial vessels authorized to use the offshore marineterminal 
for loading or unloading;
    (ii) Commercial tugs, lighters, barges, launches, or other 
vesselsauthorized to engage in servicing the offshore marine terminal 
orvessels therein;
    (iii) Public vessels of the United States.
    (2) Persons desiring to transit the area of the safety zone 
maycontact the Captain of the Port at telephone number1-800-221-8724 or 
on VHF-FM channel 16 (156.8MHz). If permission is granted, all persons 
and vessels must complywith the instructions of the Captain of the Port 
or his or herdesignated representative.
    (3) Nothing in this section shall be construed as relieving theowner 
or person in charge of any vessel from complying with theNavigation 
Rules as defined in 33 CFR chapter I, subchapters D and Eand safe 
navigation practice.

[COTP Los Angeles-Long Beach 03-002, 70 FR 30640, May27, 2005]



Sec. 165.1171  Copper Canyon, Lake Havasu, Colorado River--RegulatedNavigation Area.

    (a) Location. The following is a regulated navigation area:
    (1) In the water area of Copper Canyon, Lake Havasu, ColoradoRiver, 
beginning at the approximate center of the mouth of CopperCanyon and 
drawing a line down the approximate center of the canyonextending 
shoreward to the end of the navigable waters of the canyon,and 
comprising a semi-rectangular area extending 30 feet on each sideof the 
line, for a total semi-rectangular width of 60 feet.
    (2) This line is more precisely described as: beginning atlatitude 
34[deg]25[min]67.6[sec] N, longitude114[deg]18[min]38.5[sec] W, thence 
southwesterly to latitude34[deg]25[min]64[sec] N, longitude 
114[deg]18[min]45.7[sec] W,thence northwesterly to latitude 
34[deg]25[min]65.6[sec] N,longitude 114[deg]18[min]46.7[sec] W, thence 
southeasterly tolatitude 34[deg]25[min]60.7[sec] N, 
longitude114[deg]18[min]42.7[sec] W, thence southwesterly to 
longitude34[deg]25[min]51.4[sec] N, latitude 114[deg]18[min]46.2[sec] 
W,thence southeasterly to latitude 34[deg]25[min]47.1[sec] N,longitude 
114[deg]18[min]49.4[sec] W, thence to the end of thenavigable waters of 
the canyon.
    (b) Definitions. For the purposes of this section:
    (1) Vessel: Every description of watercraft, used or capableof being 
used as a means of transportation on the water, andregardless of mode of 
power.
    (2) Patrol Vessel: Vessels designated by the Captain of thePort, San 
Diego, to enforce or assist in enforcing these regulations,including 
Coast Guard, Coast Guard Auxiliary, and San BernardinoCounty Sheriff's 
Department Vessels.
    (c) Regulations. (1) Vessels, with the exception of patrolvessels, 
shall not anchor, moor, loiter in, or otherwise impede thetransit of any 
other vessel within the regulated navigation area.Furthermore, all 
vessels, with the exception of patrol vessels, shallexpeditiously and 
continuously transit the regulated navigation areavia the most direct 
route consistent with navigational safety.
    (2) During periods of vessels congestion within the Copper 
Canyonarea, as determined by the Captain of the Port or his or 
herdesignated on-scene representative, the regulated navigation area 
willbe closed to all vessels, with the exception of patrol vessels. 
Duringdesignated closure periods, no vessel may enter, remain in, or 
transitthrough the regulated navigation area, with the exception of 
patrolvessels. Designation of periods of vessel congestion and 
announcementof the closure of the regulated navigation area will be 
conducted bybroadcast notices to mariners on VHF-FM Channel 16 no less 
frequentlythan every hour for the duration of the closure period.
    (3) Each person in the regulated navigation area shall comply 
withthe directions of the Captain of the Port or his or her designated 
on-scene representative regarding vessel operation.

[CGD11-97-010, 63 FR 38308, July 16, 1998.Redesignated by USCG-2001-
9286, 66 FR 33642, June 25,2001]

[[Page 792]]



Sec. 165.1181  San Francisco Bay Region, California--regulated navigationarea.

    (a) Applicability. This section applies to all vesselsunless 
otherwise specified.
    (b) Deviations. The Captain of the Port, San Francisco Bay,or the 
Commanding Officer, Vessel Traffic Service San Francisco, as 
arepresentative of the Captain of the Port, may authorize a 
deviationfrom the requirements of this regulation when it is deemed 
necessaryin the interests of safety.
    (c) Regulated Navigation Areas--(1) San FranciscoBay RNA. (i) The 
following is a regulated navigationarea--The waters bounded by a line 
connecting the followingcoordinates, beginning at:

37[deg]47[min]18[sec] N, 122[deg]30[min]22[sec] W;thence to 
37[deg]48[min]55[sec] N, 122[deg]31[min]41[sec] W;thence along the 
shoreline to 37[deg]50[min]38[sec] N,122[deg]28[min]37[sec] W; thence to 
37[deg]50[min]59[sec] N,122[deg]28[min]00[sec] W; thence to 
37[deg]51[min]45[sec] N,122[deg]27[min]28[sec] W; thence to 
37[deg]52[min]58[sec] N,122[deg]26[min]06[sec] W; thence to 
37[deg]51[min]53[sec] N,122[deg]24[min]58[sec] W; thence to 
37[deg]51[min]53[sec] N,122[deg]24[min]00[sec] W; thence to 
37[deg]51[min]40[sec] N,122[deg]23[min]48[sec] W; thence to 
37[deg]49[min]22[sec] N,122[deg]23[min]48[sec] W; thence to 
37[deg]48[min]20[sec] N,122[deg]22[min]12[sec] W; thence to 
37[deg]47[min]02[sec] N,122[deg]21[min]33[sec] W; thence to 
37[deg]47[min]02[sec] N,122[deg]23[min]04[sec] W; thence along the 
shoreline to the pointof beginning.

                              Datum: NAD 83

    (ii) The San Francisco Bay RNA consists of the following definedsub-
areas:
    (A) Golden Gate Traffic Lanes--(1) Westboundtraffic lane: Bounded by 
the Golden Gate precautionary area and theCOLREGS Demarcation Line (33 
CFR 80.1142), between the separation zoneand a line connecting the 
following coordinates:

37[deg]48[min]30[sec] N, 122[deg]31[min]22[sec] W;thence to 
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W.

                              Datum: NAD 83

    (2) Eastbound traffic lane. Bounded by the COLREGSDemarcation Line 
(33 CFR 80.1142) and the Golden Gate precautionaryarea, between the 
separation zone and a line connecting the followingcoordinates:

37[deg]47[min]50[sec] N, 122[deg]30[min]48[sec] W;thence to 
37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W.

                              Datum: NAD 83

    (3) Golden Gate Separation Zone: The area 75 yardseach side of a 
line connecting the following coordinates:

37[deg]48[min]08[sec] N, 122[deg]31[min]05[sec] W;thence to 
37[deg]48[min]46[sec] N, 122[deg]29[min]40[sec] W.

                              Datum: NAD 83

    (B) Golden Gate Precautionary Area: An area bounded by aline 
connecting the following coordinates beginning at:

37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W;thence to 
37[deg]48[min]52[sec] N, 122[deg]28[min]41[sec] W;thence to 
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W;thence to 
37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W;thence to 
37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W;thence to 
37[deg]49[min]28[sec] N, 122[deg]28[min]45[sec] W;thence to 
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W;thence returning to 
the point of beginning.

                              Datum: NAD 83

    (C) Central Bay Traffic Lanes--(1) Westboundtraffic lane: Bounded by 
the Central Bay precautionary area and theGolden Gate precautionary 
area, between the Central Bay and the DeepWater Traffic Lane separation 
zones.
    (2) Eastbound traffic lane: Bounded by the Golden Gateprecautionary 
area and the Central Bay precautionary area, between theCentral Bay 
Separation Zone and a line connecting the followingcoordinates, 
beginning at:

37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W;thence to 
37[deg]48[min]50[sec] N, 122[deg]26[min]14[sec] W;thence to 
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W.

                              Datum: NAD 83

    (3) Deep Water (two-way) Traffic Lane: Bounded by theCentral Bay 
precautionary area and the Golden Gate precautionary area,between the 
Deep Water Traffic Lane separation zone and a lineconnecting the 
following coordinates, beginning at:

37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W;thence to 
37[deg]50[min]36[sec] N, 122[deg]27[min]12[sec] W;thence to 
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W.

                              Datum: NAD 83

    (D) Central Bay Separation Zone: The area 75 yards each sideof a 
line connecting the following coordinates, beginning at:

37[deg]49[min]17[sec] N, 122[deg]27[min]47[sec] W;thence to 
37[deg]49[min]35[sec] N, 122[deg]25[min]25[sec] W.

                              Datum: NAD 83

    (E) Deep Water Traffic Lane Separation Zone: The area 75yards each 
side of a

[[Page 793]]

line connecting the following coordinates,beginning at:

37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W;thence to 
37[deg]50[min]22[sec] N, 122[deg]26[min]49[sec] W;thence to 
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W.

                              Datum: NAD 83

    (F) Central Bay Precautionary Area: An area bounded by aline 
connecting the following coordinates, beginning at:

37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W;thence to 
37[deg]49[min]32[sec] N, 122[deg]25[min]13[sec] W;thence to 
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W;thence to 
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W;thence to 
37[deg]51[min]04[sec] N, 122[deg]24[min]58[sec] W;thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W;thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]00[sec] W;thence to 
37[deg]51[min]40[sec] N, 122[deg]23[min]48[sec] W;thence to 
37[deg]49[min]22[sec] N, 122[deg]23[min]48[sec] W;thence to 
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W;thence to 
37[deg]47[min]02[sec] N, 122[deg]21[min]33[sec] W;thence to 
37[deg]47[min]02[sec] N, 122[deg]23[min]04[sec] W;thence returning along 
the shoreline to the point of beginning.

                              Datum: NAD 83

    (2) North Ship Channel RNA. The following is a regulatednavigation 
area--The waters bounded by a line connecting thefollowing coordinates, 
beginning at:

37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W;thence to 
37[deg]54[min]15[sec] N, 122[deg]27[min]27[sec] W;thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W;thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W;thence to 
37[deg]54[min]48[sec] N, 122[deg]26[min]42[sec] W;thence to 
37[deg]54[min]02[sec] N, 122[deg]26[min]10[sec] W;thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]00[sec] W;thence to returning to 
the point of beginning.

                              Datum: NAD 83

    (3) San Pablo Strait Channel RNA. The following is aregulated 
navigation area--The waters bounded by a lineconnecting the following 
coordinates, beginning at:

37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W;thence to 
37[deg]57[min]26[sec] N, 122[deg]27[min]21[sec] W;thence to 
38[deg]00[min]48[sec] N, 122[deg]24[min]45[sec] W;thence to 
38[deg]01[min]54[sec] N, 122[deg]22[min]24[sec] W;thence to 
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W;thence to 
37[deg]57[min]37[sec] N, 122[deg]26[min]23[sec] W;thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W;thence returning to 
the point of beginning.

                              Datum: NAD 83

    (4) Pinole Shoal Channel RNA. The following is a regulatednavigation 
area--The waters bounded by a line connecting thefollowing coordinates, 
beginning at:

38[deg]01[min]54[sec] N, 122[deg]22[min]25[sec] W;thence to 
38[deg]03[min]13[sec] N, 122[deg]19[min]50[sec] W;thence to 
38[deg]03[min]23[sec] N, 122[deg]18[min]31[sec] W;thence to 
38[deg]03[min]13[sec] N, 122[deg]18[min]29[sec] W;thence to 
38[deg]03[min]05[sec] N, 122[deg]19[min]28[sec] W;thence to 
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W;thence returning to 
the point of beginning.

                              Datum: NAD 83

    (5) Benicia-Martinez Railroad Drawbridge Regulated NavigationArea 
(RNA): The following is a regulated navigation area--Thewaters bounded 
by the following longitude lines:
    (i) 122[deg]13[min]31[sec] W (coinciding with the chartedlocation of 
the Carquinez Bridge)
    (ii) 121[deg]53[min]17[sec] W (coinciding with the chartedlocation 
of New York Point)
    Datum: NAD 83
    (6) Southampton Shoal Channel/Richmond Harbor RNA: Thefollowing, 
consisting of two distinct areas, is a regulated navigationarea--
    (i) The waters bounded by a line connecting the 
followingcoordinates, beginning at:

37[deg]54[min]17[sec] N, 122[deg]22[min]00[sec] W;thence to 
37[deg]54[min]08[sec] N, 122[deg]22[min]00[sec] W;thence to 
37[deg]54[min]15[sec] N, 122[deg]23[min]12[sec] W;thence to 
37[deg]54[min]30[sec] N, 122[deg]23[min]09[sec] W;thence along the 
shoreline to the point of beginning.

                              Datum: NAD 83

    (ii) The waters bounded by a line connecting the 
followingcoordinates, beginning at:

37[deg]54[min]28[sec] N, 122[deg]23[min]36[sec] W; thence to
37[deg]54[min]20[sec] N, 122[deg]23[min]38[sec] W; thence to
37[deg]54[min]23[sec] N, 122[deg]24[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]24[min]51[sec] W; thence to
37[deg]55[min]05[sec] N, 122[deg]25[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]25[min]22[sec] W; thence to
37[deg]53[min]26[sec] N, 122[deg]25[min]03[sec] W; thence to
37[deg]53[min]24[sec] N, 122[deg]25[min]13[sec] W; thence to
37[deg]55[min]30[sec] N, 122[deg]25[min]35[sec] W; thence to
37[deg]55[min]40[sec] N, 122[deg]25[min]10[sec] W; thence to
37[deg]54[min]54[sec] N, 122[deg]24[min]30[sec] W; thence to
37[deg]54[min]30[sec] N, 122[deg]24[min]00[sec] W;thence returning to 
the point of beginning.

                              Datum: NAD 83

    (7) Oakland Harbor RNA: The following is a regulatednavigation 
area--The waters bounded by a line connecting thefollowing coordinates, 
beginning at:

37[deg]48[min]40[sec] N, 122[deg]19[min]58[sec] W; thence to
37[deg]48[min]50[sec] N, 122[deg]20[min]02[sec] W; thence to
37[deg]48[min]29[sec] N, 122[deg]20[min]39[sec] W; thence to
37[deg]48[min]13[sec] N, 122[deg]21[min]26[sec] W; thence to
37[deg]48[min]10[sec] N, 122[deg]21[min]39[sec] W; thence to
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W; thence to
37[deg]47[min]36[sec] N, 122[deg]21[min]50[sec] W; thence to
37[deg]47[min]52[sec] N, 122[deg]21[min]40[sec] W; thence to

[[Page 794]]

37[deg]48[min]03[sec] N, 122[deg]21[min]00[sec] W;thence to
37[deg]47[min]48[sec] N, 122[deg]19[min]46[sec] W; thence to
37[deg]47[min]55[sec] N, 122[deg]19[min]43[sec] W;thence returning along 
the shoreline to the point of the beginning.

                              Datum: NAD 83

    (d) General regulations. (1) A power-driven vessel of 1600or more 
gross tons, or a tug with a tow of 1600 or more gross tons,navigating 
within the RNAs defined in paragraph (c) of this section,shall not 
exceed a speed of 15 knots through the water.
    (2) A power-driven vessel of 1600 or more gross tons, or a tugwith a 
tow of 1600 or more gross tons, navigating within the RNAsdefined in 
paragraph (c) of this section, shall have its engine(s)ready for 
immediate maneuver and shall operate its engine(s) in acontrol mode and 
on fuel that will allow for an immediate response toany engine order, 
ahead or astern, including stopping its engine(s)for an extended period 
of time.
    (3) The master, pilot or person directing the movement of a 
vesselwithin the RNAs defined in paragraph (c) of this regulation 
shallcomply with Rule 9 of the Inland Navigation Rules (INRs) (33 
U.S.C.2009) in conjunction with the provisions of the associated INRs.
    (e) Specific Regulations--(1) San Francisco BayRNA: (i) A vessel 
shall navigate with particular caution in aprecautionary area, or in 
areas near the terminations of traffic lanesor channels, as described in 
this regulation.
    (ii) A power-driven vessel of 1600 or more gross tons, or a tugwith 
a tow of 1600 or more gross tons, shall:
    (A) Use the appropriate traffic lane and proceed in the 
generaldirection of traffic flow for that lane;
    (B) Use the Central Bay Deep Water Traffic Lane if eastbound witha 
draft of 45 feet or greater or westbound with a draft of 28 feet 
orgreater;
    (C) Not enter the Central Bay Deep Water Traffic Lane when 
anotherpower-driven vessel of 1600 or more gross tons or tug with a tow 
of1600 or more gross tons is navigating therein when either vessel is:
    (1) Carrying certain dangerous cargoes (as denoted insection 160.203 
of this subchapter);
    (2) Carrying bulk petroleum products; or
    (3) A tank vessel in ballast if such entry would result inmeeting, 
crossing, or overtaking the other vessel.
    (D) Normally join or leave a traffic lane at the termination ofthe 
lane, but when joining or leaving from either side, shall do so atas 
small an angle to the general direction of traffic flow aspracticable;
    (E) So far as practicable keep clear of the Central Bay 
SeparationZone and the Deep Water Traffic Lane Separation Zone;
    (F) Not cross a traffic lane separation zone unless 
crossing,joining, or leaving a traffic lane.
    (2) Pinole Shoal Channel RNA: (i) A vessel less than 1600gross tons 
or a tug with a tow of less than 1600 gross tons is notpermitted within 
this RNA.
    (ii) A power-driven vessel of 1600 or more gross tons or a tugwith a 
tow of 1600 or more gross tons shall not enter Pinole ShoalChannel RNA 
when another power-driven vessel of 1600 or more grosstons or tug with a 
tow of 1600 or more gross tons is navigatingtherein if such entry would 
result in meeting, crossing, or overtakingthe other vessel, when either 
vessel is:
    (A) Carrying certain dangerous cargoes (as denoted inSec. 160.203 
of this subchapter);
    (B) Carrying bulk petroleum products; or
    (C) A tank vessel in ballast.
    (iii) Vessels permitted to use this channel shall proceed at 
areasonable speed so as not to endanger other vessels or interfere 
withany work which may become necessary in maintaining, surveying, 
orbuoying the channel, and they shall not anchor in the channel exceptin 
case of a deviation authorized under paragraph (b) of this section.
    (iv) This paragraph shall not be construed as prohibiting 
anynecessary use of the channel by any public vessels while engaged 
inofficial duties, or in emergencies by pilot boats.
    (3) Benicia-Martinez Railroad Drawbridge Regulated NavigationArea 
(RNA)--(i) Eastbound vessels: (A) The master,pilot, or person directing 
the movement of a power-driven vessel of1600 or more gross tons or a tug 
with a tow of 1600 or more gross tonstraveling eastbound and intending 
to transit

[[Page 795]]

under the lift span(centered at coordinates 38[deg]02[min]18[sec] 
N,122[deg]07[min]17[sec] W) of the railroad bridge across 
CarquinezStrait at mile 7.0 shall, immediately after entering the 
RNA,determine whether the visibility around the lift span is \1/
2\nautical mile or greater.
    (B) If the visibility is less than \1/2\ nautical mile, 
orsubsequently becomes less than \1/2\ nautical mile, the vessel 
shallnot transit under the lift span.
    (ii) Westbound vessels: (A) The master, pilot, or persondirecting 
the movement of a power-driven vessel of 1600 or more grosstons or a tug 
with a tow of 1600 or more gross tons travelingwestbound and intending 
to transit under the lift span (centered atcoordinates 
38[deg]02[min]18[sec] N, 122[deg]07[min]17[sec] W)of the railroad bridge 
across Carquinez Strait at mile 7.0 shall,immediately after entering the 
RNA determine whether the visibilityaround the lift span is \1/2\ 
nautical mile or greater.
    (B) If the visibility is less than \1/2\ nautical mile, the 
vesselshall not pass beyond longitude line 121[deg]55[min]19[sec] 
W(coinciding with the charted position of the westernmost end ofMallard 
Island) until the visibility improves to greater than \1/2\nautical mile 
around the lift span.
    (C) If after entering the RNA visibility around the lift 
spansubsequently becomes less than \1/2\ nautical mile, the master, 
pilot,or person directing the movement of the vessel either shall 
nottransit under the lift span or shall request a deviation from 
therequirements of the RNA as prescribed in paragraph (b) of 
thissection.
    (D) Vessels that are moored or anchored within the RNA with 
theintent to transit under the lift span shall remain moored or 
anchoreduntil visibility around the lift span becomes greater than \1/
2\nautical mile.
    (4) Southampton Shoal/Richmond Harbor RNA: A power-drivenvessel of 
1600 or more gross tons, or a tug with a tow of 1600 or moregross tons, 
shall not enter Southampton Shoal/Richmond Harbor RNA whenanother power-
driven vessel of 1600 or more gross tons, or a tug witha tow of 1600 or 
more gross tons, is navigating therein, if such entrywould result in 
meeting, crossing, or overtaking the other vessel.
    (5) Oakland Harbor RNA: A power-driven vessel of 1600 ormore gross 
tons or a tug with a tow of 1600 or more gross tons shallnot enter the 
Oakland Harbor RNA when another power-driven vessel of1600 or more gross 
tons, or a tug with a tow of 1600 or more grosstons, is navigating 
therein, if such entry would result in meeting,crossing, or overtaking 
the other vessel.

[CGD11-94-007, 60 FR 16796, Apr. 3, 1995; 60 FR30157, June 7, 1995. 
Redesignated by USCG-2001-9286, 66FR 33642, June 25, 2001, as amended by 
USCG-2003-15404,68 FR 37741, June 25, 2003; CGD11-03-001, 69 FR 
2843,Jan. 21, 2004]



Sec. 165.1182  Safety/Security Zone: San Francisco Bay, San Pablo Bay, CarquinezStrait, and Suisun Bay, CA.

    (a) Regulated Area. The following area is established as amoving 
safety/security zone:
    (1) All waters 200 yards ahead and astern and 100 yards to eachside 
of every vessel transporting nuclear materials on behalf of theUnited 
States Department of Energy while such vessels transit from aline drawn 
between San Francisco Main Ship Channel buoys 7 and 8 (LLNR4190 & 4195, 
positions 37[deg]46.9[min] N, 122[deg]35.4[min]W & 37[deg]46.5[min] N, 
122[deg]35.2[min] W, respectively)until safely moored at the Weapons 
Support Facility Seal BeachDetachment Concord on Suisun Bay (position 
38[deg]03.3[min] N,122[deg]02.5[min] W). All coordinates referenced use 
datum: NAD1983.
    (2) All waters within 100 yards of such vessels described 
inparagraph (a)(1) of this section while such vessels are 
conductingcargo operations at the Weapons Support Facility Seal Beach 
DetachmentConcord.
    (b) Notification. Commander, Eleventh Coast Guard District,will 
cause notice of the activation of this safety/security zone to bemade by 
all appropriate means to effect the widest publicity among theaffected 
segments of the public, including publication in theFederal Register as 
practicable, in accordance with theprovisions of 33 CFR 165.7(a); such 
means of announcement may include,but are not limited to, Broadcast 
Notice to Mariners. The Coast Guardwill issue a Broadcast Notice to 
Mariners notifying the public

[[Page 796]]

when nuclear materials cargo handling has been completed.
    (c) Effective Period. The safety/security zone will beeffective 
commencing at the time any vessel described in paragraph (a)(1) of this 
section enters the zone described in paragraph (a)(1) ofthis section and 
will remain in effect until all spent nuclearmaterials cargo handling 
operations have been completed at WeaponsSupport Facility Seal Beach 
Detachment Concord.
    (d) Regulations. The general regulations governing safetyand 
security zones contained in both 33 CFR 165.23 in 33 CFR 165.33apply. 
Entry into, transit through, or anchoring within this movingsafety/
security zone is prohibited unless authorized by Commander,Eleventh 
Coast Guard District, or his designated representative.

[CGD11-98-005, 63 FR 38754, July 20, 1998.Redesignated by USCG-2001-
9286, 66 FR 33642, June 25,2001]



Sec. 165.1183  Security Zones; Cruise Ships, Tankers and High Interest Vessels,San Francisco Bay and Delta Ports, Monterey Bay and Humboldt Bay,California.

    (a) Definitions. As used in this section--
    Cruise ship means any vessel over 100 gross register tons,carrying 
more than 12 passengers for hire which makes voyages 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.
    High Interest Vessel or HIV means any vessel deemed bythe Captain of 
the Port, or higher authority, as a vessel requiringprotection based 
upon risk assessment analysis of the vessel and istherefore escorted by 
a Coast Guard or other law enforcement vesselwith an embarked Coast 
Guard commissioned, warrant, or petty officer.
    Tanker means any self-propelled tank vessel constructed oradapted 
primarily to carry oil or hazardous materials in bulk in thecargo 
spaces.
    (b) Locations. The following areas are security zones:
    (1) San Francisco Bay. All waters, extending from thesurface to the 
sea floor, within 100 yards ahead, astern and extending100 yards along 
either side of any cruise ship, tanker or HIV that isunderway, anchored, 
or moored within the San Francisco Bay and Deltaport areas shoreward of 
the line drawn between San Francisco Main ShipChannel buoys 7 and 8 
(LLNR 4190 & 4195, positions37[deg]46.9[min] N, 122[deg]35.4[min] W and 
37[deg]46.5[min] N,122[deg]35.2[min] W, respectively);
    (2) Monterey Bay. All waters, extending from the surface tothe sea 
floor, within 100 yards ahead, astern and extending 100 yardsalong 
either side of any cruise ship, tanker or HIV that is underway,anchored, 
or moored within the Monterey Bay area shoreward of a linedrawn between 
Santa Cruz Light (LLNR 305) to the north in position36[deg]57.10[min] N, 
122[deg]01.60[min] W, and Cypress Point,Monterey to the south, in 
position 36[deg]34.90[min] N,121[deg]58.70[min] W.
    (3) Humboldt Bay. All waters, extending from the surface tothe sea 
floor, within 100 yards ahead, astern and extending 100 yardsalong 
either side of any cruise ship, tanker or HIV that is underway,anchored, 
or moored within the Humboldt Bay area shoreward of a 4nautical mile 
radius line drawn to the west of the Humboldt BayEntrance Lighted 
Whistle Buoy HB (LLNR 8130), in position40[deg]46.25[min] N, 
124[deg]16.13[min] W.
    (c) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into orremaining in this zone is 
prohibited unless authorized by the CoastGuard Captain of the Port, San 
Francisco Bay, or his designatedrepresentative.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort, or his designated 
representative.

[COTP San Francisco Bay 04-003, 70 FR 18307, Apr. 11,2005]

[[Page 797]]



Sec. 165.1185  Regulated Navigation Area; San Francisco Bay, San Pablo Bay,Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, andconnecting 
          waters in California.

    (a) Location. All waters of San Francisco Bay, San PabloBay, 
Carquinez Strait, Suisun Bay, Sacramento River, San JoaquinRiver, and 
connecting waters in California are a Regulated NavigationArea.
    (b) Definitions. ``Liquefied hazardous gas (LHG)'' is a liquid 
containing one or more of the products listed inTable 127.005 of 33 CFR 
127.005 that is carried in bulk on board atank vessel as a liquefied gas 
product. The hazards normallyassociated with these products include 
toxic or flammable propertiesor a combination of both.
    (c) Regulations. All vessels loaded with a cargo ofliquefied 
hazardous gas (LHG) within this Regulated Navigation Areamust proceed 
directly to their intended cargo reception facility todischarge their 
LHG cargo, unless:
    (1) The vessel is otherwise directed or permitted by the Captainof 
the Port. The Captain of the Port can be reached at telephonenumber 
(415) 399-3547 or on VHF-FM channel 16 (156.8 MHz). Ifpermission is 
granted, all persons and vessels must comply with theinstructions of the 
Captain of the Port or his or her designatedrepresentative.
    (2) The vessel is in an emergency situation and unable to proceedas 
directed in paragraph (a) of this section without endangering thesafety 
of persons, property, or the environment.

[CGD11 04-001, 69 FR 30206, May 27, 2004]



Sec. 165.1187  Security Zones; Golden Gate Bridge and the San Francisco-OaklandBay Bridge, San Francisco Bay, California.

    (a) Location. All waters extending from the surface to thesea floor, 
within 25 yards of all piers, abutments, fenders andpilings of the 
Golden Gate Bridge and the San Francisco-Oakland BayBridge, in San 
Francisco Bay, California.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33 of this part, entry into thesesecurity zones is prohibited, 
unless doing so is necessary for safenavigation, to conduct official 
business such as scheduled maintenanceor retrofit operations, or unless 
specifically authorized by theCaptain of the Port San Francisco Bay or 
his designatedrepresentative.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort or his or her designated 
representative.
    (c) Enforcement. All persons and vessels shall comply withthe 
instructions of the Coast Guard Captain of the Port or thedesignated on-
scene patrol personnel. Patrol personnel comprisecommissioned, warrant, 
and petty officers of the Coast Guard onboardCoast Guard, Coast Guard 
Auxiliary, local, state, and federal lawenforcement vessels. Upon being 
hailed by U.S. Coast Guard patrolpersonnel by siren, radio, flashing 
light, or other means, theoperator of a vessel shall proceed as 
directed.

[COTP San Francisco Bay 03-029, 69 FR 11316, Mar. 10,2004]



Sec. 165.1190  Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA.

    (a) Location. The following area is a security zone: Allnavigable 
waters of the Oakland Estuary, California, from the surfaceto the sea 
floor, approximately 50 yards into the Oakland Estuarysurrounding the 
Coast Guard Island Pier. The perimeter of the securityzone follows the 
same perimeter as the floating security barrierinstalled around the 
Coast Guard Island pier. The perimeter of thesecurity barrier is located 
along the following coordinates:commencing at a point on land 
approximately 50 yards northwest of thenorthwestern end of the Coast 
Guard Island Pier at latitude37[deg]46[min]53.60[sec] N and 
longitude122[deg]15[min]06.10[sec] W; thence to the edge of the 
navigablechannel at latitude 37[deg]46[min]51.83[sec] N and 
longitude122[deg]15[min]07.47[sec] W; thence to a position approximately 
10yards into the charted navigation channel at 
latitude37[deg]46[min]51.27[sec] N and longitude

[[Page 798]]

122[deg]15[min]07.22[sec] W; thence closely paralleling theedge of the 
charted navigation channel to latitude37[deg]46[min]46.75[sec] N and 
longitude122[deg]15[min]00.21[sec] W; thence closely paralleling the 
edge ofthe charted navigation channel to a point approximately 20 yards 
intothe charted navigation channel at latitude 37[deg]46[min]42.36[sec]N 
and longitude 122[deg]14[min]51.55[sec] W; thence to a point onland 
approximately 50 yards southeast of the southeastern end of theCoast 
Guard Island Pier at latitude 37[deg]46[min]44.80[sec] N andlongitude 
122[deg]14[min]48.80[sec] W; thence northwest along theshoreline back to 
the beginning point.
    (b) Regulations. (1) Under Sec. 165.33, entry intoor remaining in 
this zone is prohibited unless authorized by the CoastGuard Captain of 
the Port, San Francisco Bay, or his designatedrepresentative.
    (2) Persons desiring to transit the area of the security zone 
maycontact the Captain of the Port at telephone number415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort or his designated representative.
    (c) Enforcement. The Captain of the Port will enforce thissecurity 
zone and may be assisted in the patrol and enforcement ofthis security 
zone by any Federal, State, county, municipal, orprivate agency.

[COTP San Francisco Bay 05-006, 70 FR 48874, Aug. 22,2005]



Sec. 165.1191  Safety zones: Northern California annual fireworks events.

    (a) General. Safety zones are established for the eventslisted in 
Table 1 of this section. Further information on exact dates,times, and 
other details concerning the exact geographical descriptionof the areas 
are published by the Eleventh Coast Guard District in theLocal Notice to 
Mariners prior to each event.
    (b) Regulations. ``Official Patrol Vessels''consist of any Coast 
Guard, other Federal, state or local lawenforcement, and any public or 
sponsor-provided vessels assigned orapproved by Commander, Coast Guard 
Sector San Francisco, to patroleach event.
    (1) In accordance with the general regulations inSec. 165.23 of 
this part, entering into, transiting through,or anchoring within these 
zones is prohibited, unless authorized bythe Patrol Commander.
    (2) Each person in a safety zone who receives notice of a 
lawfulorder or direction issued by an official patrol vessel shall obey 
theorder or direction.
    (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.
    (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.  165.1191
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                KFOG KaBoom
Sponsor...................................  KFOG Radio, San Francisco.
Event Description.........................  Fireworks display.
Date......................................  Last Saturday in May.
Location..................................  1,000 feet off Pier 30/32.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
               Fourth of July Fireworks, City of Monterey
------------------------------------------------------------------------
Sponsor...................................  City of Monterey, Recreation
                                             & Community
                                             ServicesDepartment.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.

[[Page 799]]

 
Location..................................  Monterey Bay, East of
                                             Municipal Wharf 2.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
------------------------------------------------------------------------
               Fourth of July Fireworks, City of Sausalito
------------------------------------------------------------------------
Sponsor...................................  City of Sausalito.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  1,000 feet off-shore from
                                             Sausalito waterfront, North
                                             ofSpinnaker Rest.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
------------------------------------------------------------------------
                  Fourth of July Fireworks, Lake Tahoe
------------------------------------------------------------------------
Sponsor...................................  Anchor Trust.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  1,000 feet off Incline
                                             Village, Nevada in Crystal
                                             Bay.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
------------------------------------------------------------------------
        Fourth of July Fireworks, South Lake Tahoe GamingAlliance
------------------------------------------------------------------------
Sponsor...................................  Harrah's Lake Tahoe.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Off South Lake Tahoe,
                                             California near Nevada
                                             border.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
------------------------------------------------------------------------
                       Independence Day Fireworks
------------------------------------------------------------------------
Sponsor...................................  North Tahoe Fire Protection
                                             District.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Offshore from Kings Beach
                                             State Beach.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
------------------------------------------------------------------------
                       July 4th Fireworks Display
------------------------------------------------------------------------
Sponsor...................................  North Tahoe Fire Protection
                                             District.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Offshore of Common Beach,
                                             Tahoe City, CA.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
------------------------------------------------------------------------
                San Francisco Chronicle Fireworks Display
------------------------------------------------------------------------
Sponsor...................................  San Francisco Chronicle.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location 1................................  A barge located
                                             approximately 1,000 feet
                                             off of SanFrancisco Pier 39
                                             at approximately:
                                             37[deg]48[min]49.0[sec]
                                             N,122[deg]24[min]46.5[sec]
                                             W.
Regulated Area............................  The area of navigable waters
                                             within a 1,000 footradius
                                             of the launch platform.
Location 2................................  The end of the San Francisco
                                             Municipal Pier at
                                             AquaticPark at
                                             approximately:
                                             37[deg]48[min]38.5[sec]
                                             N,122[deg]25[min]30.0[sec]
                                             W.
Regulated Area............................  The area of navigable waters
                                             within a 1,000 footradius
                                             of the launch platform.
------------------------------------------------------------------------

[[Page 800]]

 
                    Vallejo Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor...................................  Vallejo Marina.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Mare Island Strait.
Regulated Area............................  That area of navigable
                                             waters within a 1,000
                                             footradius of the launch
                                             platform.
------------------------------------------------------------------------


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



Sec. 165.1192  Security Zones; Waters surrounding San Francisco InternationalAirport and Oakland International Airport, San Francisco Bay,California.

    (a) Locations. The following areas are security zones:
    (1) San Francisco International Airport Security Zone. Thissecurity 
zone includes all waters extending from the surface to thesea floor 
within approximately 200 yards seaward from the shoreline ofthe San 
Francisco International Airport and encompasses all waters inSan 
Francisco Bay within a line connecting the following 
geographicalpositions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
37[deg]36[min]19[sec] N                     122[deg]22[min]36[sec] W
37[deg]36[min]45[sec] N                     122[deg]122[min]18[sec] W
37[deg]36[min]26[sec] N                     122[deg]21[min]30[sec] W
37[deg]36[min]31[sec] N                     122[deg]21[min]21[sec] W
37[deg]36[min]17[sec] N                     122[deg]20[min]45[sec] W
37[deg]36[min]37[sec] N                     122[deg]20[min]40[sec] W
37[deg]36[min]50[sec] N                     122[deg]21[min]08[sec] W
37[deg]37[min]00[sec] N                     122[deg]21[min]12[sec] W
37[deg]37[min]21[sec] N                     122[deg]21[min]53[sec] W
37[deg]37[min]39[sec] N                     122[deg]21[min]44[sec] W
37[deg]37[min]56[sec] N                     122[deg]21[min]51[sec] W
37[deg]37[min]50[sec] N                     122[deg]22[min]20[sec] W
37[deg]38[min]25[sec] N                     122[deg]22[min]54[sec] W
37[deg]38[min]23[sec] N                     122[deg]23[min]01[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (2) Oakland International Airport Security Zone. Thissecurity zone 
includes all waters extending from the surface to thesea floor within 
approximately 200 yards seaward from the shoreline ofthe Oakland 
International Airport and encompasses all waters in SanFrancisco Bay 
within a line connecting the following geographicalpositions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
37[deg]43[min]35[sec] N                     122[deg]15[min]00[sec] W
37[deg]43[min]40[sec] N                     122[deg]15[min]05[sec] W
37[deg]43[min]34[sec] N                     122[deg]15[min]12[sec] W
37[deg]43[min]24[sec] N                     122[deg]15[min]11[sec] W
37[deg]41[min]54[sec] N                     122[deg]13[min]05[sec] W
37[deg]41[min]51[sec] N                     122[deg]12[min]48[sec] W
37[deg]41[min]53[sec] N                     122[deg]12[min]44[sec] W
37[deg]41[min]35[sec] N                     122[deg]12[min]18[sec] W
37[deg]41[min]46[sec] N                     122[deg]12[min]08[sec] W
37[deg]42[min]03[sec] N                     122[deg]12[min]34[sec] W
37[deg]42[min]08[sec] N                     122[deg]12[min]32[sec] W
37[deg]42[min]35[sec] N                     122[deg]12[min]30[sec] W
37[deg]42[min]40[sec] N                     122[deg]12[min]06[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (b) Regulations. (1) Under Sec. 165.33, entering,transiting 
through, or anchoring in this zone is prohibited unlessauthorized by the 
Coast Guard Captain of the Port, San Francisco Bay,or his designated 
representative.
    (2) Persons desiring to transit the area of a security zone 
maycontact the Captain of the Port at telephone number415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort or his or her designated 
representative.
    (c) Enforcement. All persons and vessels shall comply withthe 
instructions of the Coast Guard Captain of the Port or thedesignated on-
scene patrol personnel. Patrol personnel comprisecommissioned, warrant, 
and petty officers of the Coast Guard onboardCoast Guard, Coast Guard 
Auxiliary, local, state, and federal lawenforcement vessels. Upon being 
hailed by U.S. Coast Guard patrolpersonnel by siren, radio,

[[Page 801]]

flashing light, or other means, theoperator of a vessel shall proceed as 
directed.

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



Sec. 165.1195  Regulated Navigation Area; Humboldt Bay Bar Channel and HumboldtBay Entrance Channel, Humboldt Bay, California.

    (a) Location. The Regulated Navigation Area (RNA) includesall 
navigable waters of the Humboldt Bay Bar Channel and the HumboldtBay 
Entrance Channel, Humboldt Bay, California.
    (b) Definitions. As used in this section--
    COTP means the Captain of the Port as defined in Title 33,Code of 
Federal Regulations, Section 1.01-30 and3.55-20.
    Sector means Coast Guard Sector/Air Station Humboldt Bay.
    Sector Commander means the Commanding Officer of Coast GuardSector/
Air Station Humboldt Bay.
    Hazardous material means any of the materials or substanceslisted in 
46 CFR 153.40.
    Humboldt Bay Area means the area described in the locationsection of 
this regulation.
    Oil means oil of any kind or in any form, including but notlimited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixedwith wastes 
other than dredged spoil.
    Station means Coast Guard Station Humboldt Bay.
    Tank Vessel means any vessel that is constructed or adaptedto carry, 
or that carries, oil or hazardous material in bulk as cargoor cargo 
residue.
    (c) Applicability. These regulations apply to the owners 
andoperators of tank vessels transporting oil or hazardous material 
ascargo within the Humboldt Bay Area.
    (d) Regulations. (1) In addition to the arrival anddeparture 
notification requirements listed in title 33 CFR, part 160,Ports and 
Waterways Safety--General, subpartC--Notifications of ``Arrivals, 
Departures, HazardousConditions, and Certain Dangerous Cargoes'', the 
owner, master,agent or person in charge of a vessel to which this notice 
appliesshall obtain permission to cross within four hours of crossing 
theHumboldt Bay Bar. Between 6:30 a.m. and 10 p.m., notification/
requestsfor permission can be made to Station Humboldt Bay on VHF-FM 
Channel16, or at (707) 443-2213. If between 10 p.m. and 6:30 a.m., orif 
unable to reach the Station, notification/requests for permissioncan be 
made directly to Sector/Air Station Humboldt Bay on VHF-FMChannel 16 or 
at (707) 839-6113.
    (2) Permission for a bar crossing by vessels or towing vessels 
andtheir tows to which this regulation applies is dependent 
onenvironmental and safety factors, including but not limited to: 
Seastate, winds, visibility, size and type of vessel or tow, wave 
period,time of day/night, and tidal currents. The final decision to 
close thebar rests with Humboldt Bay Sector Commander or his 
designatedrepresentative. At a minimum, Humboldt Bay Bar Channel 
crossings byvessels subject to this advisory will generally not be 
permittedunless all of the following conditions exist: Proper permission 
tocross has been received, sea conditions at the bar are less than 
6feet, winds at the bar are less than 30 knots, the transit will 
takeplace during daylight hours, the vessel has only a single tow or 
notow, the visibility at the bar is greater than 1,000 yards, and 
thevessel and tow are in proper operating condition.
    (3) If the bar is closed to vessels to which this regulationapplies, 
waiver requests will be accepted within four hours ofcrossing the 
entrance channel. If the waiver request is made between6:30 a.m. and 10 
p.m., the request should be made to Station HumboldtBay on VHF-FM 
Channel 16, or at (707) 443-2213. If between 10p.m. and 6:30 a.m., or if 
unable to reach the Station, the request canbe made directly to Sector/
Air Station Humboldt Bay on VHF-FM Channel16 or at (707) 839-6113. 
Waiver requests must be made by thevessel master and must provide the 
following: A description of theproposed operation, the conditions for 
which the waiver is requested,the reasons for requesting the waiver, the 
reasons that the requesterbelieves the proposed operation can be 
accomplished safely, and acallback phone number. The Station or Sector 
Watchstander receivingthe request will brief the Officer in Charge of 
the Station who willthen

[[Page 802]]

brief the Sector Commander. The authority to grant waiversrests with the 
Sector Commander or his designated representative.
    (4) In addition to the requirements in paragraphs (d)(1)-(3) of this 
section, vessels transporting liquefied hazardousgases or compressed 
hazardous gases in bulk as cargo into or out ofHumboldt Bay are required 
to be aided by two assist tugs. If thevessel carrying the gases is 
towed, the assist tug requirement is inaddition to the towing tug. The 
assist tugs shall escort the vesselthrough its transit and must be 
stationed so as to provide immediateassistance in response to the loss 
of power or steering of the cargovessel, its towing tug, or loss of 
control over the tow.
    (5) Vessels to which this regulation applies may be required bythe 
Sector Commander or his designated representative to be escortedby a 
Coast Guard vessel during their transit. In addition, if a vesselmaster, 
agent, or pilot has concerns about the safety of a vessel'stransit 
through the Humboldt Bay Entrance Channel, a Coast Guardescort may be 
requested. Requests for an escort should be directed toStation on VHF-FM 
channel 16 or at (707) 443-2213 between 6:30a.m. and 10 p.m., or to 
Sector on VHF-FM channel 16 or at (707)839-6113 if between 10 p.m. and 
6:30 a.m.
    (e) Enforcement. Acting as a representative of the Captainof the 
Port, the Humboldt Bay Sector Commander will enforce thisregulation and 
has the authority to take steps necessary to ensure thesafe transit of 
vessels in Humboldt Bay. The Sector Commander canenlist the aid and 
cooperation of any Federal, State, county, andmunicipal agency to assist 
in the enforcement of the regulation. Allpersons and vessels shall 
comply with the instructions of the SectorCommander or the designated 
on-scene patrol personnel. Patrolpersonnel comprise commissioned, 
warrant, and petty officers of theCoast Guard onboard Coast Guard, Coast 
Guard Auxiliary, local, State,and Federal law enforcement vessels.
    Upon being hailed by U.S. Coast Guard patrol personnel by 
siren,radio, flashing light, or other means, the operator of a vessel 
shallproceed as directed.

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



Sec. 165.1197  Security Zones; San Francisco Bay, San Pablo Bay, CarquinezStrait, Suisun Bay, California.

    (a) Locations. The following areas are security zones:
    (1) Chevron Long Wharf, San Francisco Bay. This securityzone 
includes all waters extending from the surface to the sea floorwithin 
approximately 100 yards of the Chevron Long Wharf, Richmond,CA, and 
encompasses all waters in San Francisco Bay within a lineconnecting the 
following geographical positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
37[deg]55[min]52.2[sec] N                   122[deg]24[min]04.7[sec] W
37[deg]55[min]41.8[sec] N                   122[deg]24[min]07.1[sec] W
37[deg]55[min]26.8[sec] N                   122[deg]24[min]35.9[sec] W
37[deg]55[min]47.1[sec] N                   122[deg]24[min]55.5[sec] W
37[deg]55[min]42.9[sec] N                   122[deg]25[min]03.5[sec] W
37[deg]55[min]11.2[sec] N                   122[deg]24[min]32.8[sec] W
37[deg]55[min]14.4[sec] N                   122[deg]24[min]27.5[sec] W
37[deg]55[min]19.7[sec] N                   122[deg]24[min]23.7[sec] W
37[deg]55[min]22.2[sec] N                   122[deg]24[min]26.2[sec] W
37[deg]55[min]38.5[sec] N                   122[deg]23[min]56.9[sec] W
37[deg]55[min]47.8[sec] N                   122[deg]23[min]53.3[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (2) Conoco-Phillips, San Pablo Bay. This security zoneincludes all 
waters extending from the surface to the sea floor withinapproximately 
100 yards of the Conoco-Phillips Wharf, Rodeo, CA, andencompasses all 
waters in San Pablo Bay within a line connecting thefollowing 
geographical positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38[deg]03[min]06.0[sec] N                   122[deg]15[min]32.4[sec] W
38[deg]03[min]20.7[sec] N                   122[deg]15[min]35.8[sec] W
38[deg]03[min]21.8[sec] N                   122[deg]15[min]29.8[sec] W
38[deg]03[min]29.1[sec] N                   122[deg]15[min]31.8[sec] W
38[deg]03[min]23.8[sec] N                   122[deg]15[min]55.8[sec] W
38[deg]03[min]16.8[sec] N                   122[deg]15[min]53.2[sec] W
38[deg]03[min]18.6[sec] N                   122[deg]15[min]45.2[sec] W
38[deg]03[min]04.0[sec] N                   122[deg]15[min]42.0[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (3) Shell Terminal, Carquinez Strait. This security zoneincludes all 
waters extending from the surface to the sea floor withinapproximately 
100 yards of the Shell Terminal, Martinez, CA, andencompasses all waters 
in San Pablo

[[Page 803]]

Bay within a line connectingthe following geographical positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38[deg]01[min]39.8[sec] N                   122[deg]07[min]40.3[sec] W
38[deg]01[min]54.0[sec] N                   122[deg]07[min]43.0[sec] W
38[deg]01[min]56.9[sec] N                   122[deg]07[min]37.9[sec] W
38[deg]02[min]02.7[sec] N                   122[deg]07[min]42.6[sec] W
38[deg]01[min]49.5[sec] N                   122[deg]08[min]08.7[sec] W
38[deg]01[min]43.7[sec] N                   122[deg]08[min]04.2[sec] W
38[deg]01[min]50.1[sec] N                   122[deg]07[min]50.5[sec] W
38[deg]01[min]36.3[sec] N                   122[deg]07[min]47.6[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (4) Amorco Pier, Carquinez Strait. This security zoneincludes all 
waters extending from the surface to the sea floor withinapproximately 
100 yards of the Amorco Pier, Martinez, CA, andencompasses all waters in 
the Carquinez Strait within a lineconnecting the following geographical 
positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38[deg]02[min]03.1[sec] N                   122[deg]07[min]11.9[sec] W
38[deg]02[min]05.6[sec] N                   122[deg]07[min]18.9[sec] W
38[deg]02[min]07.9[sec] N                   122[deg]07[min]14.9[sec] W
38[deg]02[min]13.0[sec] N                   122[deg]07[min]19.4[sec] W
38[deg]02[min]05.7[sec] N                   122[deg]07[min]35.9[sec] W
38[deg]02[min]00.5[sec] N                   122[deg]07[min]31.1[sec] W
38[deg]02[min]01.8[sec] N                   122[deg]07[min]27.3[sec] W
38[deg]01[min]55.0[sec] N                   122[deg]07[min]11.0[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (5) Valero, Carquinez Strait. This security zone includesall waters 
extending from the surface to the sea floor withinapproximately 100 
yards of the Valero Pier, Benicia, CA, andencompasses all waters in the 
Carquinez Strait within a lineconnecting the following geographical 
positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38[deg]02[min]37.6[sec] N                   122[deg]07[min]51.5[sec] W
38[deg]02[min]34.7[sec] N                   122[deg]07[min]48.9[sec] W
38[deg]02[min]44.1[sec] N                   122[deg]07[min]34.9[sec] W
38[deg]02[min]48.0[sec] N                   122[deg]07[min]37.9[sec] W
38[deg]02[min]47.7[sec] N                   122[deg]07[min]42.1[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (6) Avon Pier, Suisun Bay. This security zone includes allwaters 
extending from the surface to the sea floor withinapproximately 100 
yards of the Avon Pier, Martinez, CA, andencompasses all waters in 
Suisun Bay within a line connecting thefollowing geographical 
positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
38[deg]02[min]24.6[sec] N                   122[deg]04[min]52.9[sec] W
38[deg]02[min]54.0[sec] N                   122[deg]05[min]19.5[sec] W
38[deg]02[min]55.8[sec] N                   122[deg]05[min]16.1[sec] W
38[deg]03[min]02.1[sec] N                   122[deg]05[min]19.4[sec] W
38[deg]02[min]55.1[sec] N                   122[deg]05[min]42.6[sec] W
38[deg]02[min]48.8[sec] N                   122[deg]05[min]39.2[sec] W
38[deg]02[min]52.4[sec] N                   122[deg]05[min]27.7[sec] W
38[deg]02[min]46.5[sec] N                   122[deg]05[min]22.4[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (b) Regulations. (1) In accordance with the generalregulations in 
Sec. 165.33, entry into the security zonesdescribed in paragraph (a) of 
this section is prohibited, unlessspecifically authorized by the Captain 
of the Port San Francisco Bay,or his designated representative.
    (2) Persons desiring to transit the area of a security zone 
maycontact the Captain of the Port at telephone number415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seekpermission to transit the area. If 
permission is granted, all personsand vessels must comply with the 
instructions of the Captain of thePort or his designated representative.
    (c) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and enforcement of these security zones by federal, state andlocal law 
enforcement as necessary.

[COTP San Francisco Bay 05-007, 71 FR 12138, Mar. 9,2006]



Sec. 165.1199  Security Zones; Military Ocean Terminal Concord (MOTCO), Concord,California.

    (a) Location. The security zone(s) encompass the navigablewaters of 
Suisun Bay, California, extending from the surface to thesea floor, 
within 500 yards of the three Military Ocean TerminalConcord (MOTCO) 
piers in Concord, California.
    (b) Regulations. (1) The Captain of the Port (COTP) SanFrancisco Bay 
will enforce the security zone(s) established by thissection during 
military onload or offload operations only upon notice.Upon notice of 
enforcement by the COTP, entering, transiting throughor anchoring in the 
zone(s) is prohibited unless authorized by theCOTP or his designated 
representative. Upon notice of suspension ofenforcement by the COTP, all 
persons and vessels are

[[Page 804]]

grantedgeneral permissions to enter, transit, and exit the security 
zone(s).
    (2) If more than 1 pier is involved in onload or offloadoperations 
at the same time, the 500-yard security zone for eachinvolved pier will 
be enforced.
    (3) Persons desiring to transit the area of a security zone 
maycontact the Patrol Commander on scene on VHF-FM channel 13 or 16 
orthe COTP at telephone number 415-399-3547 to seekpermission to transit 
the area. If permission is granted, all personsand vessels must comply 
with the instructions of the COTP or hisdesignated representative.
    (c) Enforcement. All persons and vessels must comply withthe 
instructions of the Coast Guard Captain of the Port or thedesignated on-
scene patrol personnel. Patrol personnel comprisecommissioned, warrant, 
and petty officers of the Coast Guard onboardCoast Guard, Coast Guard 
Auxiliary, local, state, and federal lawenforcement vessels. The U.S. 
Coast Guard may be assisted in thepatrol and enforcement of the security 
zones by local law enforcementand the MOTCO police as necessary. Upon 
being hailed by U.S. CoastGuard patrol personnel by siren, radio, 
flashing light, or othermeans, the operator of a vessel must proceed as 
directed.
    (d) Notice of enforcement or suspension of enforcement ofsecurity 
zone(s). The COTP San Francisco Bay will causenotification of 
enforcement of the security zone(s) to be made byissuing a Local Notice 
to Mariners and a Broadcast Notice to Marinersto inform the affected 
segments of the public. During periods that thesecurity zone(s) are 
being enforced, Coast Guard patrol personnel willnotify mariners to keep 
out of the security zone(s) as they approachthe area. In addition, Coast 
Guard Sector San Francisco Bay maintainsa telephone line that is 
maintained 24 hours a day, 7 days a week. Thepublic can contact Sector 
San Francisco Bay at (415) 399-3530to obtain information concerning 
enforcement of this rule. When thesecurity zone(s) are no longer needed, 
the COTP will cease enforcementof the security zone(s) and issue a 
Broadcast Notice to Mariners tonotify the public. Upon notice of 
suspension of enforcement, allpersons and vessels are granted general 
permissions to enter, movewithin and exit the security zone(s).

[COTP San Francisco Bay 04-007, 70 FR 3301, Jan. 24,2005]

                     Thirteenth Coast Guard District



Sec. 165.T13-034  Safety Zones: Fireworks displays in the Captain of the Port, PugetSound.

    (a) Safety zones. The following areas are designated safetyzones:
    (1) Bay Liner Reunion, Roche Harbor, WA
    (i) Location. All water of Roche Harbor extending out to a400[min] 
radius from the launch site at 48[deg]36[min]40[sec] 
N123[deg]09[min]34[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on June 7,2008.
    (2) Poulsbo 3rd of July Fireworks Display, Liberty Bay, WA
    (i) Location. All water of Liberty Bay extending out to a500[min] 
radius from the launch site at 47[deg]44[min]56[sec] 
N122[deg]39[min]11[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July3, 2008.
    (3) Deer Harbor Annual Fireworks Display, Deer Harbor, WA
    (i) Location. All water of Deer Harbor extending out to a500[min] 
radius from the launch site at 48[deg]37[min]10[sec] 
N123[deg]00[min]15[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July3, 2008.
    (4) Boston Harbor Fireworks Display, Boston Harbor, WA
    (i) Location. All water of Dana Passage extending out to a300[min] 
radius from the launch site at 47[deg]08[min]31[sec] 
N122[deg]54[min]20[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 3,2008.
    (5) Friday Harbor Independence, Friday Harbor, WA
    (i) Location. All water of Friday Harbor extending out to a700[min] 
radius from the launch site at 48[deg]32[min]36[sec] 
N123[deg]00[min]28[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (6) Steilacoom Annual 4th of July Fireworks, Steilacoom, WA
    (i) Location. All water of Steilacoom Bay extending out to 
a1,300[min] radius from the launch site at 47[deg]10[min]24[sec] 
N122[deg]36[min]12[sec] W.
    (ii) Effective time and date. 8 p.m. to 10:30 p.m. on July 4,2008.

[[Page 805]]

    (7) Port Orchard 4th of July Fireworks, Port Orchard, WA
    (i) Location. All water of Port Orchard extending out to a1,000[min] 
radius from the launch site at 47[deg]32[min]53[sec] 
N122[deg]37[min]55[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (8) Yarrow Point Community 4th, Yarrow Point, WA
    (i) Location. All water of Lake Washington extending out toa 
400[min] radius from the launch site at 47[deg]39[min]45[sec] 
N122[deg]13[min]30[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (9) Port Angeles Chamber of Commerce, Port Angeles Bay, WA
    (i) Location. All water of Port Angeles Bay extending out toa 
400[min] radius from the launch site at 48[deg]07[min]02[sec] 
N123[deg]24[min]58[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (10) Lake Forest Park 4th of July, Bothell, WA
    (i) Location. All water of Lake Washington extending out toa 
400[min] radius from the launch site at 47[deg]45[min]07[sec] 
N122[deg]16[min]22[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (11) Three Tree Point Community, Three Tree Point, WA
    (i) Location. All water of Puget Sound extending out to a500[min] 
radius from the launch site at 47[deg]27[min]01[sec] 
N122[deg]23[min]09[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (12) City of Renton, Renton, WA
    (i) Location. All water of Lake Washington extending out toa 
400[min] radius from the launch site at 47[deg]29[min]59[sec] 
N122[deg]11[min]51[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (13) Port Townsend Sunrise Rotary, Port Townsend, WA
    (i) Location. All water of Port Townsend extending out to a500[min] 
radius from the launch site at 47[deg]44[min]56[sec] 
N122[deg]39[min]11[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (14) Vashon Island 4th of July, Quartermaster Harbor, WA
    (i) Location. All water of Quartermaster Harbor extendingout to a 
1,300[min] radius from the launch site at47[deg]24[min]00[sec] N 
122[deg]27[min]00[sec] W.
    (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4,2008.
    (15) Sheridan Beach Community Club, Lake Forest, WA
    (i) Location. All water of Lake Washington extending out toa 
300[min] radius from the launch site at 47[deg]44[min]47[sec] 
N122[deg]16[min]55[sec] W.
    (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4,2008.
    (16) City of Kenmore 4th of July, Kenmore, WA
    (i) Location. All water of Lake Washington extending out toa 
400[min] radius from the launch site at 47[deg]45[min]43[sec] 
N122[deg]15[min]50[sec] W.
    (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4,2008.
    (17) Fireworks Display, Henderson Bay, WA
    (i) Location. All water of Henderson Bay extending out to a700[min] 
radius from the launch site at 47[deg]21[min]48[sec] 
N122[deg]38[min]22[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (18) Kingston Fireworks Display, Kingston, WA
    (i) Location. All water of Appletree Cove extending out to a400[min] 
radius from the launch site at 47[deg]47[min]33[sec] 
N122[deg]29[min]55[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (19) Des Moines 4th of July, Des Moines, WA
    (i) Location. All water of East Passage extending out to a500[min] 
radius from the launch site at 47[deg]24[min]10[sec] 
N122[deg]20[min]05[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (20) Kirkland 4th of July, Kirkland, WA
    (i) Location. All water of Lake Washington extending out toa 
700[min] radius from the launch site at 47[deg]40[min]26[sec] 
N122[deg]12[min]56[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (21) 4th of July Display, Port Ludlow, WA
    (i) Location. All water of Port Ludlow extending out to a500[min] 
radius from the launch site at 47[deg]55[min]14[sec] 
N122[deg]41[min]11[sec] W.
    (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4,2008.

[[Page 806]]

    (22) Grapeview Patriotic Event, Grapeview, WA
    (i) Location. All water of Case Inlet extending out to a800[min] 
radius from the launch site at 47[deg]19[min]17[sec] 
N122[deg]50[min]08[sec] W.
    (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4,2008.
    (23) 4th of July, Roche Harbor, WA
    (i) Location. All water of Roche Harbor extending out to a400[min] 
radius from the launch site at 48[deg]36[min]40[sec] 
N123[deg]09[min]34[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (24) Orcas Island Fireworks Display, Orcas, WA
    (i) Location. All water of East Sound extending out to a700[min] 
radius from the launch site at 48[deg]41[min]20[sec] 
N122[deg]54[min]28[sec] W.
    (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4,2008.
    (25) Langlies Old Fashioned Independence, Indianola, WA
    (i) Location. All water of Admiral Inlet extending out to a500[min] 
radius from the launch site at 47[deg]44[min]49[sec] 
N122[deg]31[min]32[sec] W.
    (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 5,2008.
    (26) Olele Point Patriotic Celebration, Port Ludlow, WA
    (i) Location. All water of Admiral Inlet extending out to a800[min] 
radius from the launch site at 47[deg]58[min]22[sec] 
N122[deg]41[min]18[sec] W.
    (ii) Effective time and date. 7 p.m. to 9:30 p.m. on July 5, 2008.
    (b) Regulations. In accordance with the general regulationsin 33 CFR 
Part 165, Subpart C, no vessel may enter, transit, moor, oranchor within 
these safety zones, except for vessels authorized by theCaptain of the 
Port or his designated representatives.
    (c) Enforcement period. This rule is effective from 8 a.m.on June 7, 
2008 until 8 a.m. on July 6, 2008 unless cancelled soonerby the Captain 
of the Port.

[USCG-2008-0475, 73 FR 34871, June 19, 2008]

    Effective Date Note: By USCG-2008-0475, 73FR 34871, June 19, 2008, 
temporary Sec. 165.T13-034was added, effective June 7, 2008 through 
July 6, 2008.



Sec. 165.T13-035  Safety Zone: Wreckage of the M/V NEW CARISSA, Pacific Ocean 3Nautical Miles North of the Entrance to Coos Bay, Oregon.

    (a) Location. The following area is a safety zone: Thewaters of the 
Pacific Ocean encompassed by a 1000 yard radiussurrounding the wreckage 
of the M/V NEW CARISSA located 3 NM north ofthe entrance to Coos Bay, 
Oregon.
    (b) Enforcement period. This rule will be in effect from 10a.m. June 
05, 2008, to 11:59 p.m. August 31, 2008.
    (c) Regulations. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into this safety zone isprohibited unless 
authorized by the Captain of the Port or hisdesignated representative.

[USCG-2008-0146, 73 FR 36435, June 27, 2008]

    Effective Date Note: By USCG-2008-0146, 73FR 36435, June 27, 2008, 
temporary Sec. 165.T13-035was added, effective June 5, 2008 to Aug. 31, 
2008.



Sec. 165.1301  Puget Sound and Adjacent Waters in NorthwesternWashington--Regulated Navigation Area.

    The following is a regulated navigation area--All of thefollowing 
northwestern Washington waters under the jurisdiction of theCaptain of 
the Port, Puget Sound: Puget Sound, Hood Canal, PossessionSound, Elliott 
Bay, Commencement Bay, the San Juan Archipelago,Rosario Strait, Guemes 
Channel, Bellingham Bay, U.S. waters of theStrait of the Strait of Juan 
de Fuca, Haro Strait, Boundary Pass, andGeorgia Strait, and all lesser 
bays and harbors adjacent to the above.
    (a) Definitions as used in this section:
    (1) Vessels engaged in fishing are as identified in thedefinition 
found in Rule 3 of the International Regulations forPrevention of 
Collisions at Sea, 1972, (72 COLREGS), found in AppendixA, Part 81 of 
this chapter.
    (2) Hazardous levels of vessel traffic congestion are asdefined at 
the time by Puget Sound Vessel Traffic Service.
    (b) Nothing in this section shall be construed as relieving anyparty 
from their responsibility to comply with applicable rules setforth in 
the 72 COLREGS.

[[Page 807]]

    (c) General Regulations: The provisions of this paragraphapply at 
all times.
    (1) Vessels engaged in fishing or other operations--that aredistinct 
from vessels following a TSS or a connecting precautionaryarea east of 
New Dungeness and which are not required by the Bridge toBridge 
Radiotelephone Regulations to maintain a listening watch, arehighly 
encouraged to maintain a listening watch on the Puget SoundVessel 
Traffic Service (PSVTS) VHF-FM radio frequency for the area inwhich the 
vessel is operating. A safe alternative to the radiolistening watch is 
to stay clear of the TSS and connectingprecautionary area.
    (2) Vessels engaged in gill net fishing at any time between 
sunsetand sunrise in any of the waters defining the regulated navigation 
areof this section shall, in addition to the navigation lights and 
shapesrequired by Part 81 of this title (72 COLREGS), display at the end 
ofthe net most distant from the vessel on all-round (32-point) 
whitelight visible for a minimum of two nautical miles and displayed 
fromat least three feet above the surface of the water.
    (3) Vessels engaged in fishing, including gillnet and purse 
seinefishing, are prohibited in the following Prohibited Fishing Area: 
TheHood Canal Bridge, to include the waters within a one-half 
nauticalmile radius of the center of the main ship channel draw span 
duringthe immediate approach and transit of the draw by public vessels 
ofthe United States.
    (4) East of New Dungeness, vessels engaged in fishing in a 
trafficlane or connecting precautionary area shall tend nets or other 
gearplaced in the water so as to facilitate the movement of the vessel 
orgear from the traffic lane or precautionary area upon the approach ofa 
vessel following the TSS.
    (d) Congested Regulations: The provisions under this paragraphapply 
only when imposed in specific locations by Puget Sound VesselTraffic 
Service. They are intended to enhance vessel traffic safetyduring 
periods and in locations where hazardous levels of vesseltraffic 
congestion are deemed to exist by Puget Sound Vessel TrafficService. 
Operations potentially creating vessel traffic congestioninclude, but 
are not limited to, vessels engaged in fishing, includinggillnet or 
purse seine, recreational fishing derbies, regattas, orpermitted marine 
events.
    (1) Vessels engaged in fishing or other operations--that aredistinct 
from vessels following a Traffic Separation Scheme (TSS) or aconnecting 
precautionary area east of New Dungeness, may not remainin, nor their 
gear remain in, a traffic lane or a connectingprecautionary area east of 
New Dungeness when a vessel following a TSSapproaches. Such vessels not 
following a TSS or a connectingprecautionary area shall draw in their 
gear, maneuver, or otherwiseclear these areas so that their action is 
complete at least fifteenminutes before the arrival of a vessel 
following the TSS. Vesselswhich are required by this paragraph to remain 
clear of a connectingprecautionary area east of New Dungeness or a 
traffic lane must alsoremain clear of the adjacent separation zone when 
in a TSS east of NewDungeness.
    (2) A vessel following the TSS may not exceed a speed of 11 
knotsthrough the water.
    (3) Vessels engaged in fishing, including gillnet and purse 
seinefishing, are prohibited in the following Prohibited Fishing 
Area:Edmonds/Kingston ferry crossing lanes, to include the waters 
withinone-quarter nautical mile on either side of a straight line 
connectingthe Edmonds and Kingston ferry landings during the hours that 
theferry is operating.
    (e) Authorization to deviate from this section.
    (1) Commander, Thirteenth Coast Guard District may, upon 
writtenrequest, issue an authorization to deviate from this section if 
theproposed deviation provides a level of safety equivalent to or 
beyondthat provided by the required procedure. An application 
forauthorization must state the need for the deviation and describe 
theproposed alternative operation.
    (2) PSVTS may, upon verbal request, authorize a deviation fromthis 
section for a voyage, or part of a voyage, if the proposeddeviation 
provides a level of safety equivalent to or beyond thatprovided by the 
required procedure.

[[Page 808]]

The deviation request must bemade well in advance to allow the 
requesting vessel and the VesselTraffic Center (VTC) sufficient time to 
assess the safety of theproposed deviation. Discussions between the 
requesting vessel and theVTC should include, but are not limited to, 
information on vesselhandling characteristics, traffic density, radar 
contracts, andenvironmental conditions.
    (3) In an emergency, the master, pilot, or person directing 
themovement of the vessel following the TSS may deviate from this 
sectionto the extent necessary to avoid endangering persons, property, 
or theenvironment, and shall report the deviation to the VTC as soon 
aspossible.

[CGD 13-98-002, 63 FR 7708, Feb. 17, 1998]



Sec. 165.1302  Bangor Naval Submarine Base, Bangor, WA.

    (a) Location. The following is a security zone: The watersof the 
Hood Canal encompassed by a line commencing on the east shoreof Hood 
Canal at latitude 47[deg]43[min]17[sec] N., 
longitude122[deg]44[min]44[sec] W., thence to 
latitude47[deg]43[min]32[sec] N., longitude 122[deg]44[min]40[sec] 
W.;thence to latitude 47[deg]43[min]50[sec] N., 
longitude122[deg]44[min]40[sec] W.; thence to 
latitude47[deg]44[min]24[sec] N., longitude 122[deg]44[min]22[sec] 
W.;thence to latitude 47[deg]45[min]47[sec] N., 
longitude122[deg]43[min]22[sec] W.; thence to 
latitude47[deg]46[min]23[sec] N., longitude 122[deg]42[min]42[sec] 
W.;thence to latitude 47[deg]46[min]23[sec] N., 
longitude122[deg]42[min]20[sec] W.; thence to 
latitude47[deg]46[min]20[sec] N., longitude 122[deg]42[min]12[sec] 
W.:thence southerly along the shoreline to the point of beginning.
    (b) Security zone anchorage. The following is a securityzone 
anchorage: Area No. 2. Waters of Hood Canal within a circle of1,000 
yards diameter centered on a point located at 
latitude47[deg]46[min]26[sec] N., longitude 122[deg]42[min]49[sec] W.
    (c) Special Regulations. (1) Section 165.33 paragraphs, (a),(e), and 
(f) do not apply to the following vessels or individuals onboard those 
vessels:
    (i) Public vessels of the United States, other than United 
StatesNaval vessels.
    (ii) Vessels that are performing work at Naval Submarine BaseBangor 
pursuant to a contract with the United States Navy whichrequires their 
presence in the security zone.
    (iii) Any other vessels or class of vessels mutually agreed uponin 
advance by the Captain of the Port and Commanding Officer, 
NavalSubmarine Base Bangor. Vessels operating in the security zone 
underthis exemption must have previously obtained a copy of a 
certificateof exemption permitting their operation in the security zone 
from theSecurity Office, Naval Submarine Base Bangor. This written 
exemptionshall state the date(s) on which it is effective and may 
contain anyfurther restrictions on vessel operations within the security 
zone ashave been previously agreed upon by the Captain of the Port 
andCommanding Officer, Naval Submarine Base Bangor. The certificate 
ofexemption shall be maintained on board the exempted vessel so long 
assuch vessel is operating in the security zone.
    (2) Any vessel authorized to enter or remain in the security zonemay 
anchor in the security zone anchorage.
    (3) Other vessels desiring access to this zone shall 
securepermission from the Captain of the Port through the Security 
Office ofthe Naval Submarine Base Bangor. The request shall be forwarded 
in atimely manner to the Captain of the Port by the appropriate 
Navyofficial.
    (d) Enforcement. The U.S. Coast Guard may be assisted in thepatrol 
and monitoring of this security zone by the U.S. Navy.

[CDG13 87-06, 52 FR 47924, Dec. 17, 1987]



Sec. 165.1303  Puget Sound and adjacent waters, WA--regulated navigationarea.

    (a) The following is a regulated navigation area: the waters ofthe 
United States east of a line extending from Discovery Island Lightto New 
Dungeness Light and all points in the Puget Sound area northand south of 
these lights.
    (b) Regulations. (1) Tank vessel navigation restrictions:Tank 
vessels larger than 125,000 deadweight tons bound for a port orplace in 
the United States may not operate in the regulated navigationarea.
    (2) Commander, Thirteenth Coast Guard District may, upon 
writtenrequest, issue an authorization to deviate from paragraph (b)(1) 
ofthis section if

[[Page 809]]

it is determined that such deviation provides anadequate level of 
safety. Any application for authorization must statethe need and fully 
describe the proposed procedure.
    (c) Precautionary Area Regulations. (1) A vessel in aprecautionary 
area which is depicted on National Oceanic andAtmospheric Administration 
(NOAA) nautical charts, exceptprecautionary ``RB'' (a circular area of 
2,500 yardsradius centered at 48-26[min]24[sec] N.,122-45[min]12[sec] 
W.), must keep the center of theprecautionary area to port.
    Note: The center of precautionary area ``RB'' isnot marked by a 
buoy.
    (2) The Puget Sound Vessel Traffic Service (PSVTS) may, uponverbal 
request, authorize a onetime deviation from paragraph (c)(1) ofthis 
section for a voyage, or part of a voyage, if the proposeddeviation 
provides a level of safety equivalent to or beyond thatprovided by the 
required procedure. The deviation request must be madewell in advance to 
allow the requesting vessel and the Vessel TrafficCenter (VTC) 
sufficient time to assess the safety of the proposeddeviation. 
Discussions between the requesting vessel and the VTCshould include, but 
are not limited to, information on the vesselhandling characteristics, 
traffic density, radar contacts, andenvironmental conditions.
    (3) In an emergency, the master, pilot, or person directing 
themovement of the vessel may deviate from paragraph (c)(1) of 
thissection to the extent necessary to avoid endangering 
persons,property, or the environment, and shall report the deviation to 
theVTC as soon as possible.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended byCGD 13-97-003, 62 
FR 23660, May 1, 1997]



Sec. 165.1304  Bellingham Bay, Bellingham, WA.

    (a) Location. The following area is a safety zone: Allwaters of 
Bellingham Bay, Washington, bounded by a circle with aradius of 1000 
yards centered on the fireworks launching site locatedon the Georgia 
Pacific Lagoon Seawall at position latitude48[deg]44[min]56[sec] N, 
longitude 122[deg]29[min]40[sec] W,including the entrances to the I & J 
Street Waterway and theWhatcom Creek Waterway. [Datum: NAD 83]
    (b) Effective dates. This section is effective annually onJuly 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified byFederal 
Register notice.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into this safety zone isprohibited unless 
authorized by the Captain of the Port, Puget Sound,Seattle, WA.

[CGD13-95-008, 60 FR 61480, Nov. 30, 1995, asamended by CGD 13-96-028, 
61 FR 47824, Sept. 11, 1996]



Sec. 165.1305  Commencement Bay, Tacoma, WA.

    (a) Location. The following area is a safety zone: Allportions of 
Commencement Bay bounded by the following coordinates:Latitude 
47[deg]17[min]34[sec] N, Longitude122[deg]28[min]36[sec] W; thence to 
Latitude47[deg]17[min]06[sec] N, Longitude 122[deg]27[min]40[sec] 
W;thence to Latitude 47[deg]16[min]42[sec] N, 
Longitude122[deg]28[min]06[sec] W; thence to 
Latitude47[deg]17[min]10[sec] W, Longitude 122[deg]29[min]02[sec] 
W;thence returning to the origin. This safety zone resembles a 
rectanglelying adjacent to the shoreline along Ruston Way. Floating 
markerswill be placed by the sponsor of the event to delineate the 
boundariesof the safety zone. [Datum: NAD 1983].
    (b) Effective dates. This section is effective annually onJuly the 
fourth from 2 p.m. to 12:30 a.m. July the fifth unlessotherwise 
specified by Federal Register notice.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into this safety zone isprohibited unless 
authorized by the Captain of the Port, Puget Sound,Seattle, WA.

[CGD13-95-009, 60 FR 61481, Nov. 30, 1995]



Sec. 165.1306  Lake Union, Seattle, WA.

    (a) Location. The following area is a safety zone: Allportions of 
the waters of Lake Union bounded by the followingcoordinates: Latitude 
47[deg]38[min]32[sec] N, Longitude122[deg]20[min]34[sec] W; thence to 
Latitude47[deg]38[min]32[sec] N, Longitude 122[deg]19[min]48[sec] 
W;thence to Latitude 47[deg]38[min]10[sec] N, 
Longitude122[deg]19[min]45[sec] W; thence to 
Latitude47[deg]38[min]10[sec] N, Longitude

[[Page 810]]

122[deg]20[min]24[sec]W; thence returning to the origin. This safety 
zone begins 1,000 feetsouth of Gas Works Park and encompasses all waters 
from east to westfor 2,500 feet. Floating markers will be placed by the 
sponsor of thefireworks demonstration to delineate the boundaries of the 
safetyzone. [Datum: NAD 1983]
    (b) Effective dates. This section is effective annually onJuly 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified byFederal 
Register notice.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into the safety zone isprohibited unless 
authorized by the Captain of the Port, Puget Sound,Seattle, WA. The 
Captain of the Port may establish transit lanes alongthe east and west 
shorelines of Lake Union and may allow boaters totransit north and south 
through the safety zone in these lanes. Ifestablished, these transit 
lanes will remain open until 10 p.m. andthen be closed until the end of 
the fireworks display (approximately30 minutes).

[CGD13-95-010, 60 FR 61483, Nov. 30, 1995]



Sec. 165.1307  Elliott Bay, Seattle, WA.

    (a) Location. The following area is a safety zone: Allportions of 
Elliott Bay bounded by the following coordinates: 
Latitude47[deg]37[min]22[sec] N, Longitude 122[deg]22[min]06[sec] 
W;thence to Latitude 47[deg]37[min]06[sec] N, 
Longitude122[deg]21[min]45[sec] W; thence to 
Latitude47[deg]36[min]54[sec] N, Longitude 122[deg]22[min]05[sec] 
W;thence to Latitude 47[deg]37[min]08[sec] N, 
Longitude122[deg]22[min]27[sec] W; thence returning to the origin. 
Thissafety zone resembles a square centered around the barge from 
whichthe fireworks will be launched and begins 100 yards from the 
shorelineof Myrtle Edwards Park. Floating markers will be placed by the 
sponsorof the fireworks display to delineate the boundaries of the 
safetyzone [Datum NAD 1983].
    (b) Effective dates. This section is effective annually onJuly 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified byFederal 
Register notice.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into this safety zone isprohibited unless 
authorized by the Captain of the Port, puget sound,Seattle, WA.

[CGD13-95-007, 60 FR 61482, Nov. 30, 1995, asamended by CGD13-97-015, 62 
FR 39445, July 23, 1997]



Sec. 165.1308  Columbia River, Vancouver, WA.

    (a) Location. The following area is a safety zone: Allwaters of the 
Columbia River at Vancouver, Washington, bounded by aline commencing at 
the northern base of the Interstate 5 highwaybridge at latitude 
45[deg]37[min]17[sec] N, longitude122[deg]40[min]22[sec] W; thence south 
along the Interstate 5highway bridge to latitude 45[deg]37[min]03[sec] 
N, longitude122[deg]40[min]32[sec] W; thence to 
latitude45[deg]36[min]28[sec] N, longitude 122[deg]38[min]35[sec] 
W;thence to Ryan's Point at latitude 45[deg]36[min]42[sec] N,longitude 
122[deg]38[min]35[sec] W; thence along the Washingtonshoreline to the 
point of origin. [Datum: NAD 83].
    (b) Effective dates. This section is effective annually onJuly 
fourth from 9 p.m. to 11 p.m. (PDT) unless otherwise specified byFederal 
Register notice.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into this safety zone isprohibited unless 
authorized by the Captain of the Port, Portland,Oregon.

[CGD13-95-055, 61 FR 18949, Apr. 30, 1996]



Sec. 165.1309  Eagle Harbor, Bainbridge Island, WA.

    (a) Regulated Area. A regulated navigation area isestablished on 
that portion of Eagle Harbor bounded by a linebeginning at: 
47[deg]36[min]56[sec] N, 122[deg]30[min]36[sec] W;thence to 
47[deg]37[min]11[sec] N, 122[deg]30[min]36[sec] W;thence to 
47[deg]37[min]25[sec] N, 122[deg]30[min]17[sec] W;thence to 
47[deg]37[min]24[sec] N, 122[deg]30[min]02[sec] W;thence to 
47[deg]37[min]16[sec] N, 122[deg]29[min]55[sec] W;thence to 
47[deg]37[min]03[sec] N, 122[deg]30[min]027sec; W;thence returning along 
the shoreline to point of origin. [Datum NAD1983].
    (b) Regulations. All vessels and persons are prohibited 
fromanchoring, dredging, laying cable, dragging, seining, bottom 
fishing,conducting salvage operations, or any other activity which 
couldpotentially disturb the seabed in the designated area. Vessels 
mayotherwise transit or navigate within this area without reservation.
    (c) Waiver. The Captain of the Port, Puget Sound, uponadvice from 
the U.S. EPA Project Manager and the

[[Page 811]]

Washington StateDepartment of Natural Resources, may, upon written 
request, authorizea waiver from this section if it is determined that 
the proposedoperation supports USEPA remedial objectives, or can be 
performed in amanner that ensures the integrity of the sediment cap. A 
writtenrequest must describe the intended operation, state the need, 
anddescribe the proposed precautionary measures. Requests should 
besubmitted in triplicate, to facilitate review by U.S. EPA, CoastGuard, 
and Washington State Agencies. USEPA managed remedial design,remedial 
action, habitat mitigation, or monitoring activitiesassociated with the 
Wyckoff/Eagle Harbor Superfund Site are excludedfrom the waiver 
requirement. USEPA is required, however, to alert theCoast Guard in 
advance concerning any of the above-mentionedactivities that may, or 
will, take place in the Regulated Area.

[CGD 13-98-004, 64 FR 72561, Dec. 28, 1999]



Sec. 165.1310  Strait of Juan de Fuca and adjacent coastal waters of NorthwestWashington; Makah Whale Hunting--Regulated Navigation Area.

    (a) The following area is a Regulated Navigation Area (RNA): 
From48[deg]02.25[min] N, 124[deg]42.1[min] W northward along themainland 
shoreline of Washington State to Cape Flattery and thenceeastward along 
the mainland shoreline of Washington State to48[deg]22[min] N, 
124[deg]34[min] W; thence due north to48[deg]24.55[min] N, 
124[deg]34[min] W; thence northwesterly to48[deg]27.1[min] N, 
124[deg]41.7[min] W; thence due west to48[deg]27.1[min] N, 
124[deg]45.5[min] W; thence southwesterly to48[deg]20.55[min] N, 
124[deg]51.05[min] W, thence west south westto 48[deg]18.0[min] N 
124[deg]59.0[min] W, thence due south to48[deg]02.25[min] N, 
124[deg]59.0[min] W) thence due east back tothe shoreline of Washington 
at 48[deg]02.25[min] N,124[deg]42.1[min] W. Datum: NAD 1983.
    (b) During a whale hunt, while the international numeral pennantfive 
(5) is flown by a Makah whale hunt vessel, the following areawithin the 
RNA is a Moving Exclusion Zone: The column of water fromthe surface to 
the seabed with a radius of 500 yards centered on theMakah whale hunt 
vessel displaying international numeral pennant five(5). This Moving 
Exclusionary Zone is activated only when surfacevisibility exceeds one 
nautical mile, between sunrise and sunset, andthe Makah whale hunt 
vessel displays the international numeral pennantfive (5). The Moving 
Exclusionary Zone is deactivated upon sunset,visibility is reduced to 
less than one nautical mile, or when theMakah hunt vessel strikes 
international numeral pennant five (5).
    (c) Unless otherwise authorized by the Commander, Thirteenth 
CoastGuard District or his or her representative, no person or vessel 
mayenter the active Moving Exclusionary Zone except for:
    (1) Authorized Makah whale hunt vessel actively engaged in 
huntingoperations under direction of the master of the Makah vessel 
flyinginternational numeral pennant five (5), and
    (2) A single authorized media pool vessel operating in 
accordancewith paragraph (f) of this section.
    (d) The international numeral pennant five (5) is only authorizedto 
be displayed from one Makah whale hunt vessel during actual whalehunt 
operations. No other vessels may display this pennant within theRNA at 
any time. Whale hunt operations commence when a whale huntvessel is 
underway and its master intends to have a whale killedduring the voyage. 
Whale hunt operations cease once this intent isabandoned, a whale is 
landed, or when the international numeralpennant five (5) is struck.
    (e) The Makah Tribe shall make SECURITE broadcasts beginning onehalf 
hour before the commencement of a hunt and every half hourthereafter 
until hunting activities are concluded. This broadcastshall be made on 
channel 16 VHF-FM and state:

    A whale hunt is proceeding today within the Regulated NavigationArea 
established for Makah whaling activities. The (name of vessel) isa 
(color and description of vessel) and will be flying 
internationalnumeral pennant five (5) while engaged in whaling 
operations. Thispennant is yellow and blue in color. Mariners are 
required by federalregulation to stay 500 yards away from (name of 
vessel), and arestrongly urged to remain even further away from whale 
hunt activitiesas an additional safety measure.

    (f)(1) Credentialed members of the media interested in enteringthe 
Moving Exclusionary Zone may request

[[Page 812]]

permission to operate asingle media vessel in the Moving Exclusionary 
Zone by telephoningCoast Guard Public Affairs, as soon as practicable at 
(206)220-7237 during normal working hours, and (206) 220-7001after 
hours. Coast Guard preauthorization is required prior to entryinto the 
Moving Exclusionary Zone by a single media pool vessel.
    (2) The media pool vessel must be a U.S. documented vessel. Themedia 
pool vessel must be under command at all times within the 
MovingExclusionary zone by a master licensed in the U.S. to carry 
passengerfor hire. All expenses, liabilities and risks associated 
withoperation of the media pool vessel lie with members of the pool 
andthe pool vessel owners and operators.
    (3) The master of the media pool vessel shall maneuver to 
avoidpositioning the pool vessel between whales and hunt vessel(s), out 
ofthe line of fire, at a prudent distance and location relative to 
whalehunt operations, and in a manner that avoids hindering the hunt 
orpath of the whale in any way.
    (4) Although permitted to maneuver within the Moving 
ExclusionaryZone, personnel aboard the media pool vessel are still 
required tofollow safety and law enforcement related instructions of 
Coast Guardpersonnel.

[CGD 13-98-023, 63 FR 52609, Oct. 1, 1998, asamended by CGD 13-98-023, 
64 FR 61212, Nov. 10, 1999]



Sec. 165.1311  Olympic View Resource Area, Tacoma, WA.

    (a) Regulated Area. A regulated navigation area isestablished on 
that portion of Commencement Bay bounded by a linebeginning at: 
47[deg]15[min]40.19753[sec] N,122[deg]26[min]09.27617[sec] W; thence 
to47[deg]15[min]42.21070[sec] N, 122[deg]26[min]10.65290[sec] W;thence 
to 47[deg]15[min]41.84696[sec] N,122[deg]26[min]11.80062[sec] W; thence 
to47[deg]15[min]45.57725[sec] N, 122[deg]26[min]14.35173[sec] W;thence 
to 47[deg]15[min]53.06020[sec] N,122[deg]26[min]06.61366[sec] W; thence 
to47[deg]15[min]46.74493[sec] N, 122[deg]26[min]02.50574[sec] W;thence 
returning along the shoreline to the point of origin. [DatumNAD 1983].
    (b) Regulations. All vessels and persons are prohibited 
fromanchoring, dredging, laying cable, dragging, seining, bottom 
fishing,conducting salvage operations, or any other activity which 
couldpotentially disturb the seabed in the designated area. Vessels 
mayotherwise transit or navigate within this area without reservation.
    (c) Waiver. The Captain of the Port, Puget Sound, uponadvice from 
the United States Environmental Protection Agency (USEPA)Project Manager 
and the Washington State Department of NaturalResources, may, upon 
written request, authorize a waiver from thissection if it is determined 
that the proposed operation supports USEPAremedial objectives, or can be 
performed in a manner that ensures theintegrity of the sediment cap. A 
written request must describe theintended operation, state the need, and 
describe the proposedprecautionary measures. Requests shall be submitted 
in triplicate, tofacilitate review by USEPA, Coast Guard, and Washington 
StateAgencies. USEPA managed remedial design, remedial action, 
habitatmitigation, or monitoring activities associated with the Olympic 
ViewResource Area Superfund Site are excluded from the waiver 
requirement.USEPA is required, however, to alert the Coast Guard in 
advanceconcerning any of the above-mentioned activities that may, or 
will,take place in the Regulated Area.

[CGD13-02-016, 68 FR 17735, Apr. 11, 2003]



Sec. 165.1312  Security Zone; Portland Rose Festival on Willamette River.

    (a) Location. The following area is a security zone: Allwaters of 
the Willamette River, from surface to bottom, encompassed bythe 
Hawthorne and Steel Bridges.
    (b) Regulations. In accordance with Sec. 165.33,entry into this 
zone is prohibited unless authorized by the CoastGuard Captain of the 
Port, Portland or his designated representatives.Section 165.33 also 
contains other general requirements.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section is enforced annually inJune 
from the first Wednesday in June falling on the 4th or laterthrough the 
following Monday in June. The event will be 6 days inlength and the 
specific dates of enforcement will be published eachyear

[[Page 813]]

in the Federal Register. In 2005, the zone will beenforced on Wednesday, 
June 8, through Monday, June 13.

[CGD13-02-020, 68 FR 31979, May 29, 2003, asamended by CDG13-05-007, 70 
FR 33353, June 8, 2005]



Sec. 165.1313  Security zone regulations, tank ship protection, Puget Sound andadjacent waters, Washington

    (a) Notice of enforcement or suspension of enforcement. Thetank ship 
security zone established by this section will be enforcedonly upon 
notice by the Captain of the Port Puget Sound. Captain ofthe Port Puget 
Sound will cause notice of the enforcement of the tankship security zone 
to be made by all appropriate means to effect thewidest publicity among 
the affected segments of the public includingpublication in the Federal 
Register as practicable, inaccordance with 33 CFR 165.7(a). Such means 
of notification may alsoinclude but are not limited to, Broadcast Notice 
to Mariners or LocalNotice to Mariners. The Captain of the Port Puget 
Sound will issue aBroadcast Notice to Mariners and Local Notice to 
Mariners notifyingthe public when enforcement of the tank ship security 
zone issuspended.
    (b) The following definitions apply to this section:
    (1) Federal Law Enforcement Officer means any employee oragent of 
the United States government who has the authority to carryfirearms and 
make warrantless arrests and whose duties involve theenforcement of 
criminal laws of the United States.
    (2) Navigable waters of the United States means those watersdefined 
as such in 33 CFR part 2.
    (3) Navigation Rules means the Navigation Rules,International-
Inland.
    (4) Official patrol means those persons designated by theCaptain of 
the Port to monitor a tank ship security zone, permit entryinto the 
zone, give legally enforceable orders to persons or vesselswith in the 
zone and take other actions authorized by the Captain ofthe Port. 
Persons authorized in paragraph (k) to enforce this sectionare 
designated as the official patrol.
    (5) Public vessel means vessels owned, chartered, oroperated by the 
United States, or by a State or political subdivisionthereof.
    (6) Tank ship security zone is a regulated area of water,established 
by this section, surrounding tank ships for a 500-yardradius that is 
necessary to provide for the security of these vessels.
    (7) Tank ship means a self-propelled tank vessel that isconstructed 
or adapted primarily to carry oil or hazardous material inbulk as cargo 
or cargo residue in the cargo spaces. The definition oftank ship does 
not include tank barges.
    (8) Washington Law Enforcement Officer means any GeneralAuthority 
Washington Peace Officer, Limited Authority Washington PeaceOfficer, or 
Specially Commissioned Washington Peace Officer as definedin Revised 
Code of Washington section 10.93.020.
    (c) Security zone: There is established a tank ship securityzone 
extending for a 500-yard radius around all tank ships located inthe 
navigable waters of the United States in Puget Sound, WA, east of123 
degrees, 30 minutes West Longitude. [Datum: NAD 1983]
    (d) Compliance: The tank ship security zone established bythis 
section remains in effect around tank ships at all times, whetherthe 
tank ship is underway, anchored, or moored. Upon notice ofenforcement by 
the Captain of the Port Puget Sound, the Coast Guardwill enforce the 
tank ship security zone in accordance with rules setout in this section. 
Upon notice of suspension of enforcement by theCaptain of the Port Puget 
Sound, all persons and vessels areauthorized to enter, transit, and exit 
the tank ship security zone,consistent with the Navigation Rules.
    (e) The Navigation Rules shall apply at all times within a tankship 
security zone.
    (f) When within a tank ship security zone all vessels shalloperate 
at the minimum speed necessary to maintain a safe course andshall 
proceed as directed by the on-scene official patrol or tank shipmaster. 
No vessel or person is allowed within 100 yards of a tankship, unless 
authorized by the on-scene official patrol or tank shipmaster.
    (g) To request authorization to operate within 100 yards of a 
tankship, contact the on-scene official patrol or

[[Page 814]]

tank ship master onVHF-FM channel 16 or 13.
    (h) When conditions permit, the on-scene official patrol or tankship 
master should:
    (1) Permit vessels constrained by their navigational draft 
orrestricted in their ability to maneuver to pass within 100 yards of 
atank ship in order to ensure a safe passage in accordance with 
theNavigation Rules;
    (2) Permit commercial vessels anchored in a designated anchoragearea 
to remain at anchor when within 100 yards of a passing tank ship;and
    (3) Permit vessels that must transit via a navigable channel 
orwaterway to pass within 100 yards of a moored or anchored tank 
shipwith minimal delay consistent with security.
    (i) Exemption. Public vessels as defined in paragraph (b) ofthis 
section are exempt from complying with paragraphs (c), (d), (f),(g), 
(h), (j), and (k) of this section.
    (j) Exception. 33 CFR Part 161 promulgates Vessel TrafficService 
regulations. Measures or directions issued by Vessel TrafficService 
Puget Sound pursuant to 33 CFR Part 161 shall take precedenceover the 
regulations in this section.
    (k) Enforcement. Any Coast Guard commissioned, warrant orpetty 
officer may enforce the rules in this section. In the navigablewaters of 
the United States to which this section applies, whenimmediate action is 
required and representatives of the Coast Guardare not present or not 
present in sufficient force to provideeffective enforcement of this 
section in the vicinity of a tank ship,any Federal Law Enforcement 
Officer or Washington Law EnforcementOfficer may enforce the rules 
contained in this section pursuant to 33CFR Sec. 6.04-11. In addition, 
the Captain of thePort may be assisted by other federal, state or local 
agencies inenforcing this section.

[CGD13-02-018, 68 FR 15374, Mar. 31, 2003]



Sec. 165.1314  Safety Zone; Fort Vancouver Fireworks Display, Columbia River,Vancouver, Washington.

    (a) Location. The following area is a safety zone: Allwaters of the 
Columbia River at Vancouver, Washington bounded by aline commencing at 
the northern base of the Interstate 5 highwaybridge at latitude 
45[deg]37[sec] 16.5[min] N, longitude122[deg]40[sec] 22.5[min]' W; 
thence south along the Interstate 5highway bridge to Hayden Island, 
Oregon at latitude 45[deg]36[sec]51.5[min] N, longitude 122[deg]40[sec] 
39[min] W; thence eastalong Hayden Island to latitude 45[deg]36[sec] 
36[min] N, longitude122[deg]39[sec] 48[min] W (not to include Hayden 
Bay); thence northacross the river thru the preferred channel buoy, RG 
Fl(2+1)R 6s, tothe Washington shoreline at latitude 45[deg]37[sec] 
1.5[min] N,longitude 122[deg]39[sec] 29[min] W; thence west along 
theWashington shoreline to the point of origin.
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.23 of this part, no person or vessel may enteror remain in this zone 
unless authorized by the Captain or the Port orhis designated 
representatives.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section will be enforced everyJuly 4, 
from 9:30 p.m. (P.D.T.) to 11 p.m. (P.D.T.).

[CGD13-03-001, 68 FR 31610, May 28, 2003]



Sec. 165.1315  Safety Zones: Fireworks displays in the Captain of the PortPortland Zone.

    (a) Safety zones. The following areas are designated safetyzones:
    (1) Cinco de Mayo Fireworks Display, Portland, OR:
    (i) Location. Waters on the Willamette River bounded by theMorrison 
Bridge to the north, Hawthorne Bridge to the south, and theshoreline to 
the east and west.
    (ii) Enforcement period. One day in early May.
    (2) Portland Rose Festival Fireworks Display, Portland, OR:
    (i) Location. Waters on the Willamette River bounded by theMorrison 
Bridge to the north, Hawthorne Bridge to the south, and theshoreline to 
the east and west.
    (ii) Enforcement period. One day in late May or early June.
    (3) Tri-City Chamber of Commerce Fireworks Display, ColumbiaPark, 
Kennewick, WA:
    (i) Location. Waters on the Columbia River bounded byshoreline to 
the north and south, Interstate 395 bridge to the east,and 1000 feet of 
water to

[[Page 815]]

the west of the launching barge whichis centered at 46 degrees 13 
minutes 38 seconds North, 119 degrees 08minutes 52 seconds West.
    (ii) Enforcement date. Every July 4th.
    (4) Cedco Inc. Fireworks Display, North Bend, OR
    (i) Location. Waters on the Coos River bounded by shorelineto the 
east and west and 1000 feet of water to the north and south ofthe 
launching barge which is centered at 43 degrees 23 minutes 45seconds 
North, 124 degrees 12 minutes 50 seconds West.
    (ii) Enforcement period. One day in early July.
    (5) Astoria 4th of July Fireworks, Astoria, OR
    (i) Location. All waters of the Columbia River at Astoria,Oregon 
enclosed by the following points: North from the Oregonshoreline at 123 
degrees 50 minutes 1 second West to 46 degrees 11minutes 50 seconds 
North, thence east to 123 degrees 49 minutes 15seconds West, thence 
south to the Oregon shoreline and finallywesterly along the Oregon 
shoreline to the point of origin.
    (ii) Enforcement period. One day in early July.
    (6) Oregon Food Bank Blues Festival Fireworks, Portland, OR
    (i) Location. Waters on the Willamette River bounded by theHawthorne 
Bridge to the north, Marquam Bridge to the south, andshoreline to the 
east and west.
    (ii) Enforcement period. One day in early July.
    (7) Oregon Symphony Concert Fireworks Display, Portland, OR
    (i) Location. All waters of the Willamette River bounded bythe 
Hawthorne Bridge to the north, Marquam Bridge to the south, andshoreline 
to the east and west.
    (ii) Enforcement period. One day in late August.
    (8) Florence Chamber 4th of July Fireworks Display, Florence,OR
    (i) Location. All water of the Siuslaw River enclosed by 
thefollowing points: 43[deg]58[min]05[sec] N,124[deg]05[min]54[sec] W 
following the shoreline to43[deg]58[min]20[sec] N 124[deg]04[min]46[sec] 
W then south to43[deg]58[min]07[sec] N 124[deg]04[min]40[sec] W 
following theshoreline to 43[deg]57[min]48[sec] N 124[deg]05[min]54[sec] 
Wthen back to the point of origin.
    (ii) Enforcement period. This section is enforced annuallyon July 
fourth from 9 p.m. to 11 p.m. (PDT).
    (9) Oaks Park July 4th Celebration, Portland, OR
    (i) Location. All water of the Willamette River enclosed bythe 
following points: 45[deg]28[min]26[sec] N22[deg]39[min]43[sec] W 
following the shoreline to45[deg]28[min]10[sec] N 122[deg]39[min]54[sec] 
W then west to45[deg]28[min]41[sec] N 122[deg]40[min]06[sec] W following 
theshoreline to 45[deg]28[min]31[sec] N 122[deg]40[min]01[sec] Wthen 
back to the point of origin.
    (ii) Enforcement period. This section is enforced annuallyon July 
fourth from 9 p.m. to 11 p.m. (PDT).
    (10) Rainier Days Fireworks Celebration, Rainier, OR
    (i) Location. All water of the Columbia River enclosed bythe 
following points: 46[deg]06[min]04[sec] N,122[deg]56[min]35[sec] W 
following the shoreline to46[deg]05[min]53[sec] N 122[deg]55[min]58[sec] 
W then south to46[deg]05[min]24[sec] N 122[deg]55[min]58[sec] W 
following theshoreline to 46[deg]05[min]38[sec] N 122[deg]56[min]35[sec] 
Wthen back to the point of origin.
    (ii) Enforcement period. This section is enforced annuallyon the 
second Saturday of July each year from 9 p.m. to 11 p.m. (PDT).Except 
that when the first Saturday falls on July 1, this section willbe 
enforced on the third Saturday of July.
    (11) Ilwaco July 4th Committee Fireworks, Ilwaco, WA
    (i) Location. All water of the Columbia River extending outto a 
700[min] radius from the launch site at 46[deg]18[min]17[sec]N 
124[deg]01[min]55[sec] W.
    (ii) Enforcement period. This section is enforced annuallyon the 
first Saturday of July from 9 p.m. to 11 p.m. (PDT).
    (12) Milwaukie Centennial Fireworks Display, Milwaukie, OR
    (i) Location. All water of the Willamette River enclosed bythe 
following points: 45[deg]26[min]41[sec] N,122[deg]38[min]46[sec] W 
following the shoreline to45[deg]26[min]17[sec] N 122[deg]38[min]36[sec] 
W then west to45[deg]26[min]17[sec] N 122[deg]38[min]55[sec] W following 
theshoreline to 45[deg]26[min]36[sec] N 122[deg]38[min]50[sec] Wthen 
back to the point of origin.
    (ii) Enforcement period. This section is enforced annuallyon the 
third Saturday of July each year from 9 p.m. to 11 p.m. (PDT).Except 
that when the first Saturday falls on July 1, this section

[[Page 816]]

will be enforced on the fourth Saturday of July.
    (13) Splash Aberdeen Waterfront Festival, Aberdeen, WA
    (i) Location. All water of the Chehalis River extending outto 500 
feet of the following points: 46[deg]58[min]40[sec] 
N,123[deg]47[min]45[sec] W.
    (ii) Enforcement period. This section is enforced annuallyon July 
fourth from 9 p.m. to 11 p.m. (PDT).
    (14) City of Coos Bay July 4th Celebration, Coos Bay, OR
    (i) Location. All water of the Coos River extending out to1200 feet 
of the following points: 43[deg]22[min]12[sec] N,124[deg]12[min]39[sec] 
W.
    (ii) Enforcement period. This section is enforced annuallyon July 
fourth from 9 p.m. to 11 p.m. (PDT).
    (b) Regulations. (1) In accordance withSec. 165.23, entry into 
these zones is prohibited unlessauthorized by the Coast Guard Captain of 
the Port, Portland or hisdesignated representatives. Section 165.23 also 
contains other generalrequirements. Announcement of enforcement periods 
may be made by themethods described in 33 CFR 165.7, or any other 
reasonable method.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.

[CGD01-03-008, 68 FR 32368, May 30, 2003, asamended by CGD13-06-009, 71 
FR 30805, May 31, 2006]



Sec. 165.1316  Safety Zone; Columbia River, Astoria, Oregon.

    (a) Location. The following area is a safety zone: Allwaters of the 
Columbia River at Astoria, Oregon enclosed by thefollowing points: North 
from the Oregon shoreline at123[deg]49[min]36[sec] West to 
46[deg]11[min]51[sec] Norththence east to 123[deg]48[min]53[sec] West 
thence south to theOregon shoreline and finally westerly along the 
Oregon shoreline tothe point of origin.
    (b) Regulations. In accordance with the general regulationsin Sec. 
165.23 of this part, no person or vessel may enteror remain in this zone 
unless authorized by the Captain or the Port orhis designated 
representatives.
    (c) Authority. In addition to 33 U.S.C. 1231, the authorityfor this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section will normally beenforced on the 
second Saturday of August from 9:30 p.m. (PDT) to10:30 p.m. (PDT). 
Announcement of enforcement periods may be made bythe methods described 
in 33 CFR 165.7, or any other reasonable method.

[CGD13-03-013, 68 FR 42290, July 17, 2003]



Sec. 165.1317  Security and Safety Zone; Large Passenger Vessel Protection, PugetSound and adjacent waters, Washington.

    (a) Notice of enforcement or suspension of enforcement. Thelarge 
passenger vessel security and safety zone established by thissection 
will be enforced only upon notice by the Captain of the PortPuget Sound. 
Captain of the Port Puget Sound will cause notice of theenforcement of 
the large passenger vessel security and safety zone tobe made by all 
appropriate means to effect the widest publicity amongthe affected 
segments of the public including publication in theFederal Register as 
practicable, in accordance with 33 CFR165.7(a). Such means of 
notification may also include but are notlimited to, Broadcast Notice to 
Mariners or Local Notice to Mariners.The Captain of the Port Puget Sound 
will issue a Broadcast Notice toMariners and Local Notice to Mariners 
notifying the public whenenforcement of the large passenger vessel 
security and safety zone issuspended.
    (b) Definitions. The following definitions apply to thissection:
    Federal Law Enforcement Officer means any employee or agentof the 
United States government who has the authority to carryfirearms and make 
warrantless arrests and whose duties involve theenforcement of criminal 
laws of the United States.
    Large Passenger Vessel means any cruise ship over 100 feetin length 
carrying passengers for hire, and any auto ferries andpassenger ferries 
over 100 feet in length carrying passengers for hiresuch as the 
Washington State Ferries, M/V COHO and Alaskan MarineHighway Ferries. 
Large Passenger Vessel does not include vesselsinspected and 
certificated under 46 CFR, Chapter I, Subchapter T suchas excursion 
vessels, sight seeing vessels, dinner cruise vessels, andwhale watching 
vessels.

[[Page 817]]

    Large Passenger Vessel Security and Safety Zone is aregulated area 
of water established by this section, surrounding largepassenger vessels 
for a 500-yard radius to provide for the securityand safety of these 
vessels.
    Navigable waters of the United States means those watersdefined as 
such in 33 CFR part 2.
    Navigation Rules means the Navigation Rules,International--Inland.
    Official Patrol means those persons designated by theCaptain of the 
Port to monitor a large passenger vessel security andsafety zone, permit 
entry into the zone, give legally enforceableorders to persons or 
vessels within the zone and take other actionsauthorized by the Captain 
of the Port. Persons authorized in paragraph(l) to enforce this section 
are designated as the Official Patrol.
    Public vessel means vessels owned, chartered, or operated bythe 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any GeneralAuthority 
Washington Peace Officer, Limited Authority Washington PeaceOfficer, or 
Specially Commissioned Washington Peace Officer as definedin Revised 
Code of Washington section 10.93.020.
    (c) Security and safety zone. There is established a largepassenger 
vessel security and safety zone extending for a 500-yardradius around 
all large passenger vessels located in the navigablewaters of the United 
States in Puget Sound, WA, east of123[deg]30[min] West Longitude. 
[Datum: NAD 1983].
    (d) Compliance. The large passenger vessel security andsafety zone 
established by this section remains in effect around largepassenger 
vessels at all times, whether the large passenger vessel isunderway, 
anchored, or moored. Upon notice of enforcement by theCaptain of the 
Port Puget Sound, the Coast Guard will enforce thelarge passenger vessel 
security and safety zone in accordance withrules set out in this 
section. Upon notice of suspension ofenforcement by the Captain of the 
Port Puget Sound, all persons andvessels are authorized to enter, 
transit, and exit the large passengervessel security and safety zone, 
consistent with the Navigation Rules.
    (e) The Navigation Rules shall apply at all times within a 
largepassenger vessel security and safety zone.
    (f) When within a large passenger vessel security and safety zoneall 
vessels must operate at the minimum speed necessary to maintain asafe 
course and must proceed as directed by the on-scene officialpatrol or 
large passenger vessel master. No vessel or person isallowed within 100 
yards of a large passenger vessel that is underwayor at anchor, unless 
authorized by the on-scene official patrol orlarge passenger vessel 
master. No vessel or person is allowed within25 yards of a large 
passenger vessel that is moored.
    (g) To request authorization to operate within 100 yards of alarge 
passenger vessel that is underway or at anchor, contact the on-scene 
official patrol or large passenger vessel master on VHF-FMchannel 16 or 
13.
    (h) When conditions permit, the on-scene official patrol or 
largepassenger vessel master should:
    (1) Permit vessels constrained by their navigational draft 
orrestricted in their ability to maneuver to pass within 100 yards of 
alarge passenger vessel in order to ensure a safe passage in 
accordancewith the Navigation Rules; and
    (2) Permit vessels that must transit via a navigable channel 
orwaterway to pass within 100 yards of an anchored large passengervessel 
or within 25 yards of a moored large passenger vessel withminimal delay 
consistent with security.
    (i) When a large passenger vessel approaches within 100 yards ofany 
vessel that is moored or anchored, the stationary vessel must staymoored 
or anchored while it remains within the large passengervessel's security 
and safety zone unless it is either ordered by, orgiven permission by 
the Captain of the Port Puget Sound, hisdesignated representative or the 
on-scene official patrol to dootherwise.
    (j) Exemption. Public vessels as defined in paragraph (b) ofthis 
section are exempt from complying with paragraphs (c), (d), (f),(g), 
(h), and (i), of this section.
    (k) Exception. 33 CFR part 161 contains Vessel TrafficService 
regulations. When measures or directions

[[Page 818]]

issued by VesselTraffic Service Puget Sound pursuant to 33 CFR part 161 
also apply,the measures or directions govern rather than the regulations 
in thissection.
    (l) Enforcement. Any Coast Guard commissioned, warrant orpetty 
officer may enforce the rules in this section. In the navigablewaters of 
the United States to which this section applies, whenimmediate action is 
required and representatives of the Coast Guardare not present or not 
present in sufficient force to provideeffective enforcement of this 
section in the vicinity of a largepassenger vessel, any Federal Law 
Enforcement Officer or WashingtonLaw Enforcement Officer may enforce the 
rules contained in thissection pursuant to 33 CFR 6.04-11. In addition, 
the Captain ofthe Port may be assisted by other federal, state or local 
agencies inenforcing this section.
    (m) Waiver. The Captain of the Port Puget Sound may waiveany of the 
requirements of this section for any vessel or class ofvessels upon 
finding that a vessel or class of vessels, operationalconditions or 
other circumstances are such that application of thissection is 
unnecessary or impractical for the purpose of portsecurity, safety or 
environmental safety.

[CGD13-03-018, 69 FR 2068, Jan. 14, 2004; 69 FR4245, Jan. 29, 2004]



Sec. 165.1318  Security and Safety Zone Regulations, Large Passenger VesselProtection, Portland, OR Captain of the Port Zone

    (a) Notice of enforcement or suspension of enforcement. Thelarge 
passenger vessel security and safety zone established by thissection 
will be enforced only upon notice by the Captain of the PortPortland. 
Captain of the Port Portland will cause notice of theenforcement of the 
large passenger vessel security and safety zone tobe made by all 
appropriate means to effect the widest publicity amongthe affected 
segments of the public including publication in theFederal Register as 
practicable, in accordance with 33 CFR165.7(a). Such means of 
notification may also include but are notlimited to, Broadcast Notice to 
Mariners or Local Notice to Mariners.The Captain of the Port Portland 
will issue a Broadcast Notice toMariners and Local Notice to Mariners 
notifying the public whenenforcement of the large passenger vessel 
security and safety zone issuspended.
    (b) Definitions. As used in this section--
    Federal Law Enforcement Officer means any employee or agentof the 
United States government who has the authority to carryfirearms and make 
warrantless arrests and whose duties involve theenforcement of criminal 
laws of the United States.
    Large passenger vessel means any vessel over 100 feet inlength (33 
meters) carrying passengers for hire including, but notlimited to, 
cruise ships, auto ferries, passenger ferries, andexcursion vessels.
    Large passenger vessel security and safety zone is aregulated area 
of water, established by this section, surroundinglarge passenger 
vessels for a 500 yard radius that is necessary toprovide for the 
security and safety of these vessels.
    Navigable waters of the United States means those watersdefined as 
such in 33 CFR part 2.
    Navigation Rules means the Navigation Rules, International-Inland.
    Official Patrol means those persons designated by theCaptain of the 
Port to monitor a large passenger vessel security andsafety zone, permit 
entry into the zone, give legally enforceableorders to persons or 
vessels with in the zone and take other actionsauthorized by the Captain 
of the Port. Persons authorized as FederalLaw Enforcement Officers to 
enforce this section are designated as theOfficial Patrol.
    Oregon Law Enforcement Officer means any Oregon PeaceOfficer as 
defined in Oregon Revised Statutes section 161.015.
    Public vessel means vessels owned, chartered, or operated bythe 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any GeneralAuthority 
Washington Peace Officer, Limited Authority Washington PeaceOfficer, or 
Specially Commissioned Washington Peace Officer as definedin Revised 
Code of Washington section 10.93.020.

[[Page 819]]

    (c) Security and safety zone. There is established alarge passenger 
vessel security and safety zone extending for a 500yard radius around 
all large passenger vessels in the navigable watersof the United States, 
in Portland, OR at the Columbia River Bar``C'' buoy and extending 
eastward on the Columbia River toKennewick, WA and upriver through 
Lewiston, ID on the Snake River.
    (d) Compliance. The large passenger vessel security andsafety zone 
established by this section remains in effect around largepassenger 
vessels at all times, whether the large passenger vessel isunderway, 
anchored, or moored. Upon notice of enforcement by theCaptain of the 
Port Portland, the Coast Guard will enforce the largepassenger vessel 
security and safety zone in accordance with rules setout in this 
section. Upon notice of suspension of enforcement by theCaptain of the 
Port Portland, all persons and vessels are authorizedto enter, transit, 
and exit the large passenger vessel security andsafety zone, consistent 
with the Navigation Rules.
    (e) Navigation Rules. The Navigation Rules shall apply atall times 
within a large passenger vessel security and safety zone.
    (f) Restrictions based on distance from large passengervessel. When 
within a large passenger vessel security and safetyzone, all vessels 
shall operate at the minimum speed necessary tomaintain a safe course 
and shall proceed as directed by the on-sceneofficial patrol or large 
passenger vessel master. No vessel or personis allowed within 100 yards 
of a large passenger vessel that isunderway or at anchor, unless 
authorized by the on-scene officialpatrol or large passenger vessel 
master.
    (g) Requesting authorization to operate within 100 yards oflarge 
passenger vessel. To request authorization to operate within100 yards of 
a large passenger vessel that is underway or at anchor,contact the on-
scene official patrol or large passenger vessel masteron VHF-FM channel 
16 or 13.
    (h) Maneuver-restricted vessels. When conditions permit, theon-scene 
official patrol or large passenger vessel master should:
    (1) Permit vessels constrained by their navigational draft 
orrestricted in their ability to maneuver to pass within 100 yards of 
alarge passenger vessel in order to ensure a safe passage in 
accordancewith the Navigation Rules; and
    (2) Permit commercial vessels anchored in a designated anchoragearea 
to remain at anchor within 100 yards of a passing large passengervessel; 
and
    (3) Permit vessels that must transit via a navigable channel 
orwaterway to pass within 100 yards of an anchored large 
passengervessel.
    (i) Stationary vessels. When a large passenger vesselapproaches 
within 100 yards of any vessel that is moored or anchored,the stationary 
vessel must stay moored or anchored while it remainswith in the large 
passenger vessel's security and safety zone unlessit is either ordered 
by, or given permission by the Captain of thePort Portland, his 
designated representative or the on-scene officialpatrol to do 
otherwise.
    (j) Exemption. Public vessels as defined in paragraph (b) ofthis 
section are exempt from complying with paragraphs (c), (d), (f),(g), 
(h), and (i), of this section.
    (k) Enforcement. Any Coast Guard commissioned, warrant orpetty 
officer may enforce the rules in this section. In the navigablewaters of 
the United States to which this section applies, whenimmediate action is 
required and representatives of the Coast Guardare not present or not 
present in sufficient force to provideeffective enforcement of this 
section in the vicinity of a largepassenger vessel, any Federal Law 
Enforcement Officer, Oregon LawEnforcement Officer or Washington Law 
Enforcement Officer may enforcethe rules contained in this section 
pursuant to 33 CFR 6.04-11.In addition, the Captain of the Port may be 
assisted by other federal,state or local agencies in enforcing this 
section.
    (l) Waiver. The Captain of the Port Portland may waive anyof the 
requirements of this section for any vessel or class of vesselsupon 
finding that a vessel or class of vessels, operational conditionsor 
other circumstances are such

[[Page 820]]

that application of this sectionis unnecessary or impractical for the 
purpose of port security, safetyor environmental safety.

[CGD13-03-022, 68 FR 53679, Sept. 12, 2003]



Sec. 165.1319  Safety Zone Regulations, Seafair Blue Angels Air Show Performance,Seattle, WA.

    (a) Enforcement period. This section will be enforcedannually during 
the last week in July and the first two weeks ofAugust from 8 a.m. until 
4 p.m., each day during the event. The eventwill be one week or less in 
duration. The specific dates during thistime frame will be published in 
the Federal Register.
    (b) Location. The following is a safety zone: All waters ofLake 
Washington, Washington State, enclosed by the following points:Near the 
termination of Roanoke Way 47[deg]35[min]44[sec] 
N,122[deg]14[min]47[sec] W; thence to 47[deg]35[min]48[sec] 
N,122[deg]15[min]45[sec] W; thence to 47[deg]36[min]02.1[sec] 
N,122[deg]15[min]50.2[sec] W; thence to 47[deg]35[min]56.6[sec] 
N,122[deg]16[min]29.2[sec] W; thence to 47[deg]35[min]42[sec] 
N,122[deg]16[min]24[sec] W; thence to the east side of the entranceto 
the west highrise of the Interstate 90 bridge; thence westerlyalong the 
south side of the bridge to the shoreline on the westernterminus of the 
bridge; thence southerly along the shoreline toAndrews Bay at 
47[deg]33[min]06[sec] N, 122[deg]15[min]32[sec]W; thence northeast along 
the shoreline of Bailey Peninsula to itsnortheast point at 
47[deg]33[min]44[sec] N,122[deg]15[min]04[sec] W; thence easterly along 
the east-west linedrawn tangent to Bailey Peninsula; thence northerly 
along the shore ofMercer Island to the point of origin. [Datum: NAD 
1983]
    (c) Regulations. In accordance with the general regulationsin 33 CFR 
Part 165, Subpart C, no person or vessel may enter or remainin the zone 
except for support vessels and support personnel, vesselsregistered with 
the event organizer, or other vessels authorized bythe Captain of the 
Port or his designated representatives. Vessels andpersons granted 
authorization to enter the safety zone shall obey alllawful orders or 
directions of the Captain of the Port or hisdesignated representatives.

[CGD13-04-002, 69 FR 35250, June 24, 2004]



Sec. 165.1321  Security Zone; Protection of Military Cargo, Captain of the PortZone Puget Sound, WA.

    (a) Notice of enforcement or suspension of enforcement. TheCaptain 
of the Port Puget Sound will enforce the security zonesestablished by 
this section only upon notice. Captain of the PortPuget Sound will cause 
notice of the enforcement of these securityzone to be made by all 
appropriate means to effect the widestpublicity among the affected 
segments of the public includingpublication in the Federal Register as 
practicable, inaccordance with 33 CFR 165.7(a). Such means of 
notification may alsoinclude but are not limited to, Broadcast Notice to 
Mariners or LocalNotice to Mariners. The Captain of the Port Puget Sound 
will issue aBroadcast Notice to Mariners and Local Notice to Mariners 
notifyingthe public when enforcement of these security zones is 
suspended.
    (b) Definitions. The following definitions apply to thissection:
    Designated Representative means those persons designated bythe 
Captain of the Port to monitor these security zones, permit entryinto 
these zones, give legally enforceable orders to persons orvessels with 
in these zones and take other actions authorized by theCaptain of the 
Port. Persons authorized in paragraph (g) to enforcethis section and 
Vessel Traffic Service Puget Sound (VTS) areDesignated Representatives.
    Federal Law Enforcement Officer means any employee or agentof the 
United States government who has the authority to carryfirearms and make 
warrantless arrests and whose duties involve theenforcement of criminal 
laws of the United States.
    Navigable waters of the United States means those watersdefined as 
such in 33 CFR Part 2.
    Public vessel means vessels owned, chartered, or operated bythe 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any GeneralAuthority 
Washington Peace Officer, Limited Authority Washington PeaceOfficer, or 
Specially Commissioned Washington Peace Officer as definedin Revised 
Code of Washington section 10.93.020.

[[Page 821]]

    (c) Security zone. The following areas are securityzones:
    (1) Blair Waterway Security Zone: The Security Zone in theBlair 
Waterway, Commencement Bay, WA, includes all waters enclosed bya line 
connecting the following points: 47[deg]16[min]57[min][min]N, 
122[deg]24[min]39[min][min] W, which is approximately thebeginning of 
Pier No. 23 (also known as the Army pier); thennorthwesterly to 
47[deg]17[min]05[min][min] N,122[deg]24[min]52[min][min] W, which is the 
end of the Pier No. 23(Army pier); then southwesterly to 
47[deg]16[min]42[min][min] N,122[deg]25[min] 18[min][min] W, which is 
the approximate locationof a private buoy on the end of the sewage 
outfall; then southeasterlyto 47[deg]16[min]33[min][min] N, 
122[deg]25[min]04[min][min]W, which is approximately the northwestern 
end of Pier No. 5; thennortheasterly to the northwestern end of Pier No. 
1; thensoutheasterly along the shoreline of the Blair Waterway to the 
BlairWaterway turning basin; then along the shoreline around the 
BlairWaterway turning basin; then northwesterly along the shoreline of 
theBlair Waterway to the Commencement Bay Directional Light (light 
listnumber 17159); then northeasterly along the shoreline to the point 
oforigin. [Datum: NAD 1983].
    (2) Sitcum Waterway Security Zone: The Security Zone in theSitcum 
Waterway, Commencement Bay, WA, includes all waters enclosed bya line 
connecting the following points: 47[deg]16[min]33[min][min]N, 
122[deg]25[min]04[min][min] W, which is approximately thenorthwestern 
end of Pier No. 5; then northwesterly to47[deg]16[min]42[min][min] N, 
122[deg]25[min]18[min][min] W,which is the approximate location of a 
private buoy on the end of thesewage outfall; then southwesterly to 
47[deg]16[min]23[min][min]N, 122[deg]25[min]36[min][min] W; then 
southeasterly to47[deg]16[min]10[min][min] N, 
122[deg]25[min]27[min][min] W,which is the northwestern corner of Pier 
No. 2; then extendingnortheasterly to 47[deg]16[min]13[min][min] 
N,122[deg]25[min]13[min][min] W; then extending southeasterly alongthe 
shoreline of the Sitcum Waterway; then northeasterly along theshoreline 
at the terminus of the Sitcum Waterway and thennorthwesterly along the 
shoreline of the Sitcum Waterway; thennortheasterly along the shoreline 
of Pier No. 5 to the point oforigin. [Datum: NAD 1983].
    (3) Budd Inlet Security Zone: The Security Zone in BuddInlet, West 
Bay, Olympia WA includes all waters enclosed by a lineconnecting the 
following points: 47[deg]03[min]12[sec] N,122[deg]54[min]21[sec] W, 
which is approximately the northwesternend of the fence line enclosing 
Berth 1 at Port of Olympia; thennortherly to 47[deg]03[min]15[sec] N, 
122[deg]54[min]21[sec] W,which is the approximate 300 feet north along 
the shoreline; thenwesterly to 47[deg]03[min]15[sec] N, 
122[deg]54[min]26[sec] W;then southerly to 47[deg]03[min]06[sec] 
N,122[deg]54[min]26[sec] W; then southeasterly to47[deg]03[min]03[sec] 
N, 122[deg]54[min]20[sec] W, which isapproximately the end of the T-
shaped pier; then north to47[deg]03[min]04[sec] N, 
122[deg]54[min]19.5[sec] W, which isapproximately the southwestern 
corner of berth 1; then northerly alongthe shoreline to the point of 
origin. [Datum: NAD 1983].
    (d) Obtaining permission to enter, move within, or exit thesecurity 
zones. All vessels must obtain permission from the COTP ora Designated 
Representative to enter, move within, or exit thesecurity zones 
established in this section when these security zonesare enforced. 
Vessels 20 meters or greater in length should seekpermission from the 
COTP or a Designated Representative at least 4hours in advance. Vessels 
less than 20 meters in length should seekpermission at least 1 hour in 
advance. VTS Puget Sound may be reachedon VHF channel 14.
    (e) Compliance. Upon notice of enforcement by the Captain ofthe Port 
Puget Sound, the Coast Guard will enforce these securityzones in 
accordance with rules set out in this section. Upon notice ofsuspension 
of enforcement by the Captain of the Port Puget Sound, allpersons and 
vessels are authorized to enter, transit, and exit thesesecurity zones.
    (f) Regulations. Under the general regulations in 33 CFRpart 165 
subpart D, this section applies to any vessel or person inthe navigable 
waters of the United States to which this sectionapplies. No person or 
vessel may enter the security zones establishedin this section unless 
authorized by the Captain of the Port or hisdesignated representatives. 
Vessels and persons granted permission toenter the security zone shall 
obey all lawful orders or directions ofthe Captain of the Port or his 
designated representatives. All vesselsshall operate at the minimum 
speed necessary to maintain a safecourse.

[[Page 822]]

    (g) Enforcement. Any Coast Guard commissioned, warrantor petty 
officer may enforce the rules in this section. In thenavigable waters of 
the United States to which this section applies,when immediate action is 
required and representatives of the CoastGuard are not present or not 
present in sufficient force to provideeffective enforcement of this 
section, any Federal Law EnforcementOfficer or Washington Law 
Enforcement Officer may enforce the rulescontained in this section 
pursuant to 33 CFR 6.04-11. Inaddition, the Captain of the Port may be 
assisted by other federal,state or local agencies in enforcing this 
section pursuant to 33 CFR6.04-11.
    (h) Exemption. Public vessels as defined in paragraph (b) ofthis 
section are exempt from the requirements in this section.
    (i) Waiver. For any vessel, the Captain of the Port PugetSound may 
waive any of the requirements of this section, upon findingthat 
operational conditions or other circumstances are such thatapplication 
of this section is unnecessary or impractical for thepurpose of port 
security, safety or environmental safety.

[CGD13-04-019, 69 FR 52603, Aug. 27, 2004, asamended by CGD13-04-040, 69 
FR 71711, Dec. 10, 2004;CGD13-04-46, 70 FR 2019, Jan. 12, 2005;CGD13-05-
031, 70 FR 45537, Aug. 8, 2005]

                     Fourteenth Coast Guard District



Sec. 165.1401  Apra Harbor, Guam--safety zones.

    (a) The following is designated as Safety Zone A--The watersof the 
Pacific Ocean and Apra Outer Harbor encompassed within an arcof 725 
yards radius centered at the center of Wharf H. (Located 
at13[deg]27[min]47[sec] N and 144[deg]39[min]01.9[sec] E. Based onWorld 
Geodetic System 1984 Datum)
    (b) The following is designated Safety Zone B--The waters ofApra 
Outer Harbor encompassed within an arc of 680 yards radiuscentered at 
the center of Naval Wharf Kilo. (Located at13[deg]26[min]43[sec] N, 
144[deg]37[min]46.7[sec] E. Based onWorld Geodetic system 1984 Datum)
    (c) Special regulations. (1) Section 165.23 does not applyto Safety 
Zone A and/or Safety Zone B, except when Wharf H and/orNaval Wharf Kilo, 
or a vessel berthed at Wharf H and/or Naval WharfKilo, is displaying a 
red (BRAVO) flag by day or a red light by night.
    (2) In accordance with the general regulations in 165.23 of 
thispart, entry into these zones is prohibited unless authorized by 
theCaptain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1402  Apra Outer Harbor, Guam--regulated navigation area.

    (a) The following is a regulated navigation area--The watersof the 
Pacific Ocean and Apra Outer Harbor enclosed by a linebeginning at 
latitude 13[deg]26[min]47[sec] N, longitude144[deg]35[min]07[sec] E; 
thence to Spanish Rocks at latitude13[deg]27[min]09.5[sec] N, longitude 
144[deg]37[min]20.6[sec] E;thence along the shoreline of Apra Outer 
Harbor to latitude13[deg]26[min]28.1[sec] N, longitude 
144[deg]39[min]52.5[sec] E(the northwest corner of Polaris Point); 
thence to latitude13[deg]26[min]40.2[sec] N, longitude 
144[deg]39[min]28.1[sec] E;thence to latitude 13[deg]26[min]32.1[sec] N, 
longitude144[deg]39[min]02.8[sec] E; thence along the shoreline of 
ApraOuter Harbor to Orote Point at latitude 13[deg]26[min]42[sec] 
N,longitude 144[deg]36[min]58.5[sec] E; thence to the beginning.(Based 
on WGS 84 Datum)
    (b) Regulations:
    (1) Except for public vessels of the United States, vessels maynot 
enter Apra Outer Harbor without permission of the Captain of thePort if 
they have on board more than 25 tons of high explosives.
    (2) Except for vessels not more than 65 feet in length, towboatsor 
tugs without tows, no vessel may pass another vessel in thevicinity of 
the Outer Harbor entrance.
    (3) Vessels over 100 gross tons shall:
    (i) Steady on the entrance range at least 2 miles west of 
theentrance when approaching Apra Outer Harbor and;
    (ii) [Reserved]
    (iii) Steady on the range when departing Apra Outer Harbor.
    (4) Vessels may not anchor in the fairway. The fairway is the 
areawithin 375 feet on either side of a line beginning at 
latitude13[deg]26[min]47[sec] N, longitude 144[deg]35[min]07[sec] 
E;thence to latitude 13[deg]27[min]14.1[sec] N, 
longitude144[deg]39[min]14.4[sec] E; thence to 
latitude13[deg]26[min]35.2[sec] N, longitude 144[deg]39[min]46.4[sec] 
E;thence to latitude

[[Page 823]]

13[deg]26[min]30.8[sec] N, longitude144[deg]39[min]44.4[sec] E. (Based 
on WGS 84 Datum)
    (5) Vessels over 100 gross tons may not proceed at a speedexceeding 
12 knots within the harbor.
    (6) No vessel may leave Apra Outer Harbor until any inbound 
vesselover 65 feet in length has cleared the Outer Harbor Entrance.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCGD 96-026, 61 FR 
33669, June 28, 1996;USCG-1998-3799, 63 FR 35533, June 30, 1998]



Sec. 165.1403  Security Zones; Tinian, Commonwealth of the Northern MarianaIslands.

    (a) Location. The following areas are security zones:
    (1) The waters of the Pacific Ocean off Tinian 
between14[deg]59[min]04.9[sec] N, 145[deg]34[min]58.6[sec] E 
to14[deg]59[min]20.1[sec] N, 145[deg]35[min]41.5[sec] E 
to14[deg]59[min]09.8[sec] N, 145[deg]36[min]02.1[sec] E 
to14[deg]57[min]49.3[sec] N, 145[deg]36[min]28.7[sec] E 
to14[deg]57[min]29.1[sec] N, 145[deg]35[min]31.1[sec] E and backto 
14[deg]59[min]04.9[sec] N, 145[deg]34[min]58.6[sec] E. Thiszone will be 
enforced when one, or more, of the Maritime PrepositionShips is in the 
zone or moored at Mooring A located at14[deg]58[min]57.0[sec] N and 
145[deg]35[min]40.8[sec] E orMooring B located at 
14[deg]58[min]15.9[sec] N,145[deg]35[min]54.8[sec] E.
    (2) Additionally, a 50-yard security zone in all directions 
aroundMoorings A and B will be enforced when no vessels are moored 
theretobut mooring balls are anchored and on station.
    Note to Sec. 165.1403(a): All positions oflatitude and longitude 
are from International Spheroid, Astro Pier1944 (Saipan) Datum (NOAA 
Chart 81071).
    (b) Regulations. (1) In accordance with general regulationsin Sec. 
165.33 of this part, entry into this security zoneis prohibited unless 
authorized by the Captain of the Port.

[COTP Honolulu Reg. 86-08, 51 FR 42220, Nov. 24, 1986,as amended by 
USCG-2001-9286, 66 FR 33642, June 25,2001; COTP Guam 07-005, 72 FR 
65460, Nov. 21, 2007]



Sec. 165.1404  Apra Harbor, Guam--security zone.

    (a) The following is designated as Security Zone C--Thewaters of 
Apra Outer Harbor, Guam surrounding Naval Mooring Buoy No.702 (Located 
at 13[deg]27[min]30.1[sec] N and144[deg]38[min]12.9[sec] E. Based on 
World Geodetic System 1984Datum) and the Maritime Prepositioning ships 
moored thereto. Thesecurity zone will extend 100 yards in all directions 
around thevessel and its mooring. Additionally, a 50 yard security zone 
willremain in effect in all directions around buoy No. 702 when no 
vesselis moored thereto.
    (b) In accordance with the general regulations inSec. 165.33 of 
this part, entry into Security Zone C isprohibited unless authorized by 
the Captain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1405  Regulated Navigation Areas and Security Zones; Designated 

EscortedVessels-Philippine Sea and Apra Harbor, Guam (including Cabras IslandChannel), 
          and Tanapag Harbor, Saipan, Commonwealth of the 
          NorthernMariana Islands (CNMI).

    (a) Regulated navigation area. The following areas,designated by 
coordinates referencing World Geodetic Datum (1984), areregulated 
navigation areas (RNAs).
    (1) Philippine Sea, Guam--All waters from the surfaceto the bottom 
of the Philippine Sea, Guam, encompassed by linesconnecting the 
following points, beginning at 13[deg]27[min]10[sec]N, 
144[deg]35[min]05[sec] E, thence easterly to13[deg]27[min]17[sec] N, 
144[deg]37[min]27[sec] E, thence southwesterly to 13[deg]26[min]52[sec] 
N, 144[deg]37[min]05[sec] E,thence westerly to 13[deg]26[min]37[sec] 
N,144[deg]35[min]05[sec] E, thence due north back to point of origin.
    (2) Apra Harbor, Guam--All waters from surface tobottom of Apra 
Harbor, Guam, shoreward of the COLREGS Demarcation asdescribed in 33 CFR 
part 80.
    (3) Tanapag Harbor, Saipan--The waters from surface tobottom of 
Tanapag Harbor, Saipan (CNMI), encompassed by linesconnecting the 
following points, beginning at 15[deg]12[min]10[sec]N, 
145[deg]40[min]28[sec] E, thence north easterly to15[deg]14[min]08[sec] 
N, 145[deg]42[min]00[sec] E, thence dueeast to 15[deg]14[min]08[sec] N, 
145[deg]44[min]02[sec] E,thence south easterly to 15[deg]13[min]54[sec] 
N,144[deg]44[min]20[sec] E, thence south westerly along the shorelineto 
15[deg]13[min]11[sec] N, 145[deg]43[min]01[sec] E, thencesouth westerly 
to 15[deg]12[min]10[sec] N,145[deg]40[min]28[sec] E.
    (4) Cabras Island Channel, Guam--All waters fromsurface to bottom of

[[Page 824]]

Cabras Island Channel, Guam, beginning atpoint 13[deg]27[min]34[sec] N, 
144[deg]39[min]39[sec] E andextending south easterly to position 
13[deg]27[min]24[sec] N,144[deg]39[min]59[sec] E then heading easterly 
along the shorelineto position 13[deg]27[min]31[sec] N, 
144[deg]40[min]22[sec] Ethen heading north to position 
13[deg]27[min]37[sec] N,144[deg]40[min]22[sec] E following the shoreline 
in a westerlydirection back to point of origin.
    (b) Security zones. A 100-yard radius security zone isestablished 
around, and is centered on, each escorted vessel withinthe regulated 
navigation areas in paragraph (a) of this section. Asecurity zone is 
activated when an escorted vessel enters an RNA andremains active until 
the escorted vessel leaves the RNA. This is amoving security zone when 
the escorted vessel is in transit andbecomes a fixed zone when the 
escorted vessel is anchored or moored. Asecurity zone will not extend 
beyond the boundary of the RNA in thissection.
    (c) Definitions. As used in this section:
    (1) Designated representative means any Coast Guardcommissioned, 
warrant, or petty officer that has been authorized toact on behalf of 
the COTP.
    (2) Escorted Vessel means any vessel operating in the RNAdeemed by 
the COTP to be in need of escort protection for securityreasons or under 
other circumstances. A designated representativeaboard a Coast Guard 
cutter or patrol boat will accompany vesselsdeemed in need of escort 
protection into the RNA.
    (3) Navigation rules mean international and inlandnavigation rules 
in 33 CFR chapter I, subchapters D and E.
    (4) Vessel means every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on water, except U.S. Coast Guard or U.S. navalvessels.
    (d) Regulations. (1) No person or vessel may enter into thesecurity 
zones under this section unless authorized by the COTP Guamor a 
designated representative.
    (2) A vessel in the RNA established under paragraph (a) of 
thissection operating within 500 yards of an escorted vessel must 
proceedat a minimum speed necessary to maintain a safe course, 
unlessrequired to maintain speed by the navigation rules.
    (3) When an escorted vessel in the RNA approaches within 100 yardsof 
a vessel that is moored, or anchored in a designated anchoragearea, the 
stationary vessel must stay moored or anchored while itremains within 
the escorted vessel's security zone unless it is eitherordered by, or 
given permission from the COTP Guam or a designatedrepresentative to do 
otherwise.
    (4) The COTP will inform the public of the existence or status ofthe 
security zones around escorted vessels in the RNA periodically 
byBroadcast Notice to Mariners.
    (5) Persons or vessels that must enter a security zone or 
exceedspeed limits established in this section may contact the COTP 
atcommand center telephone number (671) 339-6100 or on VHFchannel 16 
(156.8 Mhz) to request permission.
    (6) All persons and vessels within 500 yards of an escorted vesselin 
the RNA must comply with the orders of the COTP Guam or hisdesignated 
representatives.
    (e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD14-02-002, 68 FR 4384, Jan. 29, 2003]



Sec. 165.1406  Safety Zone: Pacific Missile Range Facility (PMRF), Barking Sands,Island of Kauai, Hawaii.

    (a) Location. The following area is established as a safetyzone 
during launch operations at PMRF, Kauai, Hawaii: The watersbounded by 
the following coordinates: (22[deg]01.2[min] N,159[deg]47.3[min] W), 
(22[deg]01.2[min] N, 159[deg]50.7[min] W),(22[deg]06.3[min] N, 
159[deg]50.7[min] W), (22[deg]06.3[min] N,159[deg]44.8[min] W). (Datum: 
OHD)
    (b) Activation. The above safety zone will be activatedduring launch 
operations at PMRF, Kauai, Hawaii. The Coast Guard willprovide notice 
that the safety zone will be activated throughpublished and broadcast 
local notice to mariners prior to scheduledlaunch dates.
    (c) Regulation. The area described in paragraph (a) of thissection 
will be closed to all vessels and persons, except thosevessels and 
persons authorized by the Commander, Fourteenth CoastGuard District, or 
the Captain of the

[[Page 825]]

Port (COTP) Honolulu,Hawaii, whenever Strategic Target System (STARS) 
vehicles are to belaunched by the United States Government from the 
PMRF, Barking Sands,Kauai, Hawaii.
    (d) The general regulations governing safety zones contained in 
33CFR 165.23 apply.

[CGD14 92-05, 57 FR 54508, Nov. 19, 1992, as amended byCGD 96-026, 61 FR 
33669, June 28, 1996]



Sec. 165.1407  Security Zones; Oahu, HI.

    (a) Location. The following areas, from the surface of thewater to 
the ocean floor, are security zones that are activated andenforced 
subject to the provisions of paragraphs (c) and (d). Allcoordinates 
below are expressed in degrees, minutes, and tenths orhundredths of 
minutes.
    (1) Honolulu Harbor. All waters of Honolulu Harbor andHonolulu 
entrance channel commencing at a line between entrancechannel buoys no. 
1 and no. 2, to a line between the fixed day beaconsno. 14 and no. 15 
west of Sand Island Bridge.
    (2) Honolulu Harbor Anchorages B, C, and D. All watersextending 100 
yards in all directions from each vessel in excess of300 gross tons 
anchored in Honolulu Harbor Anchorage B, C, or D, asdefined in 33 CFR 
110.235(a).
    (3) Kalihi Channel and Keehi Lagoon, Oahu. All waters ofKalihi 
Channel and Keehi Lagoon beginning at Kalihi Channel entrancebuoy no. 1 
and continuing along the general trend of Kalihi Channel today beacon 
no. 13, thence continuing on a bearing of 332.5[deg]T toshore, thence 
east and south along the general trend of the shorelineto day beacon no. 
15, thence southeast to day beacon no. 14, thencesoutheast along the 
general trend of the shoreline of Sand Island, tothe southwest tip of 
Sand Island at 21[deg]18.0[min]N/157[deg]53.05[min] W, thence southwest 
on a bearing of 233[deg]Tto Kalihi Channel entrance buoy no. 1.
    (4) Honolulu International Airport--(i) HonoluluInternational 
Airport, North Section. All waters surroundingHonolulu International 
Airport from 21[deg]18.25[min] N/157[deg]55.58[deg] W, thence south to 
21[deg]18.0[min] N/157[deg]55.58[min] W, thence east to the western edge 
of Kalihi Channel,thence north along the western edge of the channel to 
day beacon no.13, thence northwest at a bearing of 332.5[deg]T to shore.
    (ii) Honolulu International Airport, South Section. Allwaters near 
Honolulu International Airport from 21[deg]18.0[min]N/157[deg]55.58[min] 
W, thence south to 21[deg]16.5[min]N/157[deg]55.58[min] W, thence east 
to 21[deg]16.5[min]N/157[deg]54.0[min] W (the extension of the western 
edge of KalihiChannel), thence north along the western edge of the 
channel to KalihiChannel buoy ``5'', thence west to 21[deg]18.0[min]N/
157[deg]55.58[min] W.
    (5) Barbers Point Offshore Moorings. All waters around theTesoro 
Single Point and the Chevron Conventional Buoy Mooringsbeginning at 
21[deg]16.43[min] N/158[deg]06.03[min] W, thencenortheast to 
21[deg]17.35[min] N/158[deg]3.95[min] W, thencesoutheast to 
21[deg]16.47[min] N/ 158[deg]03.5[min] W, thencesouthwest to 
21[deg]15.53[min] N/158[deg]05.56[min] W, thencenorth to the beginning 
point.
    (6) Barbers Point Harbor, Oahu. All waters contained withinthe 
Barbers Point Harbor, Oahu, enclosed by a line drawn betweenHarbor 
Entrance Channel Light 6 and the jetty point day beacon 
at21[deg]19.5[min] N/158[deg]07.26[min] W.
    (7) Kahe Point, Oahu. All waters adjacent to the HawaiianElectric 
Company power plant at Kahe Point within 500 yards of21[deg] 21.30' N/
158[min] 07.7[deg] W (lighted tower).
    (b) Definitions. As used in this section, MARSEC Level 2or Maritime 
Security Level 2 means, as defined in 33 CFR 101.105,the level for which 
appropriate additional protective securitymeasures shall be maintained 
for a period of time as a result ofheightened risk of a transportation 
security incident.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into thesecurity 
zones described in this section is prohibited unlessauthorized by the 
Coast Guard Captain of the Port, Honolulu or his orher designated 
representatives.
    (2) Persons desiring to transit the areas of the security zonesmay 
contact the Captain of the Port at Command Center telephone number(808) 
842-2600 or on VHF channel 16 (156.8 Mhz) to seekpermission to transit 
the area. Written requests may be submitted tothe Captain of Port, U.S. 
Coast Guard Sector Honolulu, Sand IslandAccess Road, Honolulu, Hawaii 
96819, or faxed to (808)842-2622. If permission is granted, all persons 
and vesselsmust comply with the instructions

[[Page 826]]

of the Captain of the Port orhis or her designated representatives. For 
all seaplane trafficentering or transiting the security zones, a 
seaplane's compliancewith all Federal Aviation Administration 
regulations (14 CFR parts 91and 99) regarding flight-plan approval is 
deemed adequate permissionto transit the waterway security zones 
described in this section.
    (d) Notice of enforcement or suspension of enforcement ofsecurity 
zones. (1) The security zones described in paragraphs (a)(3) (Kalihi 
Channel and Keehi Lagoon, Oahu), (a)(4)(i) (HonoluluInternational 
Airport, North Section), (a)(4)(ii) (HonoluluInternational Airport, 
South Section), (a)(6) (Barbers Point Harbor,Oahu), and (a)(7) (Kahe 
Point, Oahu) of this section, will be enforcedonly upon the occurrence 
of one of the following events--
    (i) Whenever the Maritime Security (MARSEC) level, as defined in33 
CFR part 101, is raised to 2 or higher; or
    (ii) Whenever the Captain of the Port, after considering 
allavailable facts, determines that there is a heightened risk of 
atransportation security incident or other serious maritime 
incident,including but not limited to any incident that may cause a 
significantloss of life, environmental damage, transportation system 
disruption,or economic disruption in a particular area.
    (2) A notice will be published in the Federal Registerreporting when 
events in paragraph (d)(1)(i) or (d)(1)(ii) haveoccurred.
    (3) The Captain of the Port of Honolulu will cause notice of 
theenforcement of the security zones listed in paragraph (d)(1) of 
thissection and notice of suspension of enforcement to be made 
byappropriate means to affect the widest publicity, including the use 
ofbroadcast notice to mariners and publication in the local notice 
tomariners.
    (e) Informational notices. The Captain of the Port willcause notice 
of the presence of the security zones established inparagraph (a)(2) of 
this section, Honolulu Harbor Anchorages B, C, andD, to be made by 
appropriate means to affect the widest publicity,including the use of 
broadcast notice to mariners and publication inthe local notice to 
mariners.
    (f) Enforcement. Any Coast Guard commissioned, warrant, orpetty 
officer, and any other Captain of the Port representativepermitted by 
law, may enforce the rules in this section.
    (g) Waiver. The Captain of the Port, Honolulu may waive anyof the 
requirements of this section for any vessel or class of vesselsupon his 
or her determination that application of this section isunnecessary or 
impractical for the purpose of port and maritimesecurity.
    (h) Penalties. Vessels or persons violating this section aresubject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C.192.

[CGD14-04-116, 70 FR 75040, Dec. 19, 2005, asamended by CGD14-07-001, 72 
FR 44777, Aug. 9, 2007; 72FR 57863, Oct. 11, 2007]



Sec. 165.1408  Security Zones; Maui, HI.

    (a) Location. The following areas, from the surface of thewater to 
the ocean floor, are security zones that are activated andenforced 
subject to the provisions in paragraph (c):
    (1) Kahului Harbor, Maui. All waters extending 100 yards inall 
directions from each large passenger vessel in Kahului Harbor,Maui, HI 
or within 3 nautical miles seaward of the Kahului HarborCOLREGS 
DEMARCATION (See 33 CFR 80.1460). This is a moving securityzone when the 
LPV is in transit and becomes a fixed zone when the LPVis anchored, 
position-keeping, or moored.
    (2) Lahaina, Maui. All waters extending 100 yards in alldirections 
from each large passenger vessel in Lahaina, Maui, wheneverthe LPV is 
within 3 nautical miles of Lahaina Light (LLNR 28460). Thesecurity zone 
around each LPV is activated and enforced whether theLPV is underway, 
moored, position-keeping, or anchored, and willcontinue in effect until 
such time as the LPV departs Lahaina and the3-mile enforcement area.
    (b) Definitions. As used in this section, large passengervessel or 
LPV means a cruise ship more than 300 feet inlength that carries 
passengers for hire, and any passenger ferry morethan 300 feet in length 
that carries passengers for hire.

[[Page 827]]

    (c) Regulations. (1) Under 33 CFR 165.33, entry intothe security 
zones created by this section is prohibited unlessauthorized by the 
Coast Guard Captain of the Port, Honolulu or his orher designated 
representatives. When authorized passage through alarge passenger vessel 
security zone, all vessels must operate at theminimum speed necessary to 
maintain a safe course and must proceed asdirected by the Captain of the 
Port or his or her designatedrepresentatives. No person is allowed 
within 100 yards of an LPV thatis underway, moored, position-keeping, or 
at anchor, unless authorizedby the Captain of the Port or his or her 
designated representative.
    (2) When conditions permit, the Captain of the Port, or his or 
herdesignated representative, may permit vessels that are at 
anchor,restricted in their ability to maneuver, or constrained by draft 
toremain within an LPV security zone in order to ensure 
navigationalsafety.
    (3) Persons desiring to transit the areas of the security zones 
inthis section may contact the Captain of the Port at Command 
Centertelephone number (808) 842-2600 or on VHF channel 16 (156.8Mhz) to 
seek permission to transit the area. Written requests may besubmitted to 
the Captain of Port, U.S. Coast Guard Sector Honolulu,Sand Island Access 
Road, Honolulu, Hawaii 96819, or faxed to (808)842-2622. If permission 
is granted, all persons and vesselsmust comply with the instructions of 
the Captain of the Port or his orher designated representatives. For all 
seaplane traffic entering ortransiting the security zones, compliance 
with all Federal AviationAdministration regulations (14 CFR parts 91 and 
99) regarding flight-plan approval is deemed adequate permission to 
transit the waterwaysecurity zones described in this section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, orpetty 
officer, and any other Captain of the Port representativepermitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, Honolulu may waive anyof the 
requirements of this section for any vessel or class of vesselsupon his 
or her determination that application of this section isunnecessary or 
impractical for the purpose of port and maritimesecurity.
    (f) Penalties. Vessels or persons violating this section aresubject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C.192.

[CGD14-04-116, 70 FR 75040, Dec. 19, 2005, asamended by CGD 14-07-001, 
72 FR 44777, Aug. 9, 2007]



Sec. 165.1409  Security Zones; Hawaii, HI.

    (a) Location. The following areas, from the surface of thewater to 
the ocean floor, are security zones that are activated andenforced 
subject to the provisions in paragraph (c):
    (1) Hilo Harbor, Hawaii. All waters extending 100 yards inall 
directions from each large passenger vessel in Hilo Harbor,Hawaii, HI or 
within 3 nautical miles seaward of the Hilo HarborCOLREGS DEMARCATION 
(See 33 CFR 80.1480). This is a moving securityzone when the LPV is in 
transit and becomes a fixed zone when the LPVis anchored, position-
keeping, or moored.
    (2) Kailua-Kona, Hawaii. All waters extending 100 yards inall 
directions from each large passenger vessel in Kailua-Kona,Hawaii, 
whenever the LPV is within 3 nautical miles of KukailimokuPoint. The 
100-yard security zone around each LPV is activated andenforced whether 
the LPV is underway, moored, position-keeping, oranchored and will 
continue in effect until such time as the LPVdeparts Kailua-Kona and the 
3-mile enforcement area.
    (3) Kawaihae Harbor, Hawaii. All waters extending 100 yardsin all 
directions from each large passenger vessel in Kawaihae Harbor,Hawaii, 
or within 3 nautical miles seaward of the Kawaihae HarborCOLREGS 
DEMARCATION (See 33 CFR 80.1470). The 100-yard security zonearound each 
LPV is activated and enforced whether the LPV is underway,moored, 
position-keeping, or anchored.
    (b) Definitions. As used in this section, large passengervessel or 
LPV means a cruise ship more than 300 feet inlength that carries 
passengers for hire, and any passenger ferry morethan 300 feet in length 
that carries passengers for hire.

[[Page 828]]

    (c) Regulations. (1) Under 33 CFR 165.33, entry intothe security 
zones created by this section is prohibited unlessauthorized by the 
Coast Guard Captain of the Port, Honolulu or his orher designated 
representative. When authorized passage through a largepassenger vessel 
security zone, all vessels must operate at theminimum speed necessary to 
maintain a safe course and must proceed asdirected by the Captain of the 
Port or his or her designatedrepresentatives. No person is allowed 
within 100 yards of a largepassenger vessel that is underway, moored, 
position-keeping, or atanchor, unless authorized by the Captain of the 
Port or his or herdesignated representatives.
    (2) When conditions permit, the Captain of the Port, or his or 
herdesignated representatives, may permit vessels that are at 
anchor,restricted in their ability to maneuver, or constrained by draft 
toremain within an LPV security zone in order to ensure 
navigationalsafety.
    (3) Persons desiring to transit the areas of the security zones 
inthis section may contact the Captain of the Port at Command 
Centertelephone number (808) 842-2600 or on VHF channel 16 (156.8Mhz) to 
seek permission to transit the area. Written requests may besubmitted to 
the Captain of Port, U.S. Coast Guard Sector Honolulu,Sand Island Access 
Road, Honolulu, Hawaii 96819, or faxed to (808)842-2622. If permission 
is granted, all persons and vesselsmust comply with the instructions of 
the Captain of the Port or his orher designated representatives. For all 
seaplane traffic entering ortransiting the security zones, compliance 
with all Federal AviationAdministration regulations (14 CFR parts 91 and 
99) regarding flight-plan approval is deemed adequate permission to 
transit the waterwaysecurity zones described in this section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, orpetty 
officer, and any other Captain of the Port representativepermitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, Honolulu may waive anyof the 
requirements of this section for any vessel or class of vesselsupon his 
or her determination that application of this section isunnecessary or 
impractical for the purpose of port and maritimesecurity.
    (f) Penalties. Vessels or persons violating this section aresubject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C.192.

[CGD14-04-116, 70 FR 75041, Dec. 19, 2005, asamended by CGD14-07-001, 72 
FR 44777, Aug. 9, 2007]



Sec. 165.1410  Security Zones; Kauai, HI.

    (a) Location. The following areas, from the surface of thewater to 
the ocean floor, are security zones that are activated andenforced 
subject to the provisions in paragraph (c):
    (1) Nawiliwili Harbor, Lihue, Kauai. All waters extending100 yards 
in all directions from each large passenger vessel inNawiliwili Harbor, 
Kauai, HI or within 3 nautical miles seaward of theNawiliwili Harbor 
COLREGS DEMARCATION (See 33 CFR 80.1450). This is amoving security zone 
when the LPV is in transit and becomes a fixedzone when the LPV is 
anchored, position-keeping, or moored.
    (2) Port Allen, Kauai. All waters extending 100 yards in 
alldirections from each large passenger vessel in Port Allen, Kauai, 
HIor within 3 nautical miles seaward of the Port Allen 
COLREGSDEMARCATION (See 33 CFR 80.1440). This is a moving security zone 
whenthe LPV is in transit and becomes a fixed zone when the LPV 
isanchored, position-keeping, or moored.
    (b) Definitions. As used in this section, large passengervessel or 
LPV means a cruise ship more than 300 feet inlength that carries 
passengers for hire, and any passenger ferry morethan 300 feet in length 
that carries passengers for hire.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into thesecurity 
zones created by this section is prohibited unless authorizedby the 
Coast Guard Captain of the Port, Honolulu or his or herdesignated 
representative. When authorized passage through an LPVsecurity zone, all 
vessels must operate at the minimum speed necessaryto maintain a safe 
course and must proceed as directed by the Captainof the Port or his or 
her designated representative. No person isallowed within 100 yards

[[Page 829]]

of a large passenger vessel that isunderway, moored, position-keeping, 
or at anchor, unless authorized bythe Captain of the Port or his or her 
designated representative.
    (2) When conditions permit, the Captain of the Port, or his or 
herdesignated representative, may permit vessels that are at 
anchor,restricted in their ability to maneuver, or constrained by draft 
toremain within an LPV security zone in order to ensure 
navigationalsafety.
    (3) Persons desiring to transit the areas of the security zonesmay 
contact the Captain of the Port at Command Center telephone number(808) 
842-2600 or on VHF channel 16 (156.8 Mhz) to seekpermission to transit 
the area. Written requests may be submitted tothe Captain of Port, U.S. 
Coast Guard Sector Honolulu, Sand IslandAccess Road, Honolulu, Hawaii 
96819, or faxed to (808)842-2622. If permission is granted, all persons 
and vesselsmust comply with the instructions of the Captain of the Port 
or his orher designated representatives. For all seaplane traffic 
entering ortransiting the security zones, compliance with all Federal 
AviationAdministration regulations (14 CFR parts 91 and 99) regarding 
flight-plan approval is deemed adequate permission to transit the 
waterwaysecurity zones described in this section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, orpetty 
officer, and any other Captain of the Port representativepermitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, Honolulu may waive anyof the 
requirements of this section for any vessel or class of vesselsupon his 
or her determination that application of this section isunnecessary or 
impractical for the purpose of port and maritimesecurity.
    (f) Penalties. Vessels or persons violating this section aresubject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C.192.

[CGD14-04-116, 70 FR 75041, Dec. 19, 2005, asamended by CGD14-07-001, 72 
FR 44778, Aug. 9, 2007]



Sec. 165.1411  Security zone; waters surrounding U.S. Forces vessel SBX-1,HI.

    (a) Location. The following area, in U.S. navigable waterswithin the 
Honolulu Captain of the Port Zone (see 33 CFR3.70-10), from the surface 
of the water to the ocean floor, isa security zone: All waters extending 
500 yards in all directions fromU.S. Forces vessel SBX-1. The security 
zone moves with theSBX-1 while it is in transit and becomes fixed when 
theSBX-1 is anchored, position-keeping, or moored.
    (b) Regulations. The general regulations governing securityzones 
contained in 33 CFR 165.33 apply. Entry into, transit through,or 
anchoring within this zone while it is activated, and thus subjectto 
enforcement, is prohibited unless authorized by the Captain of thePort 
or a designated representative thereof.
    (c) Suspension of enforcement. The Coast Guard will 
suspendenforcement of the security zone described in this section 
wheneverthe SBX-1 is within the Honolulu Defensive Sea Area (see 6 
FR6675).
    (d) Informational notice. The Captain of the Port ofHonolulu will 
cause notice of the enforcement of the security zonedescribed in this 
section to be made by broadcast notice to mariners.The SBX-1 is easy to 
recognize because it contains a largewhite object shaped like an egg 
supported by a platform that is largerthan a football field. The 
platform in turn is supported by sixpillars similar to those on large 
oil-drilling platforms.
    (e) Authority to enforce. Any Coast Guard commissioned,warrant, or 
petty officer, and any other Captain of the Portrepresentative permitted 
by law, may enforce the security zonedescribed in this section.
    (f) Waiver. The Captain of the Port may waive any of therequirements 
of this rule for any person, vessel, or class of vesselupon finding that 
application of the security zone is unnecessary orimpractical for the 
purpose of maritime security.
    (g) Penalties. Vessels or persons violating this rule aresubject to 
the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C.192.

[USCG-2007-0195, 73 FR 13131, Mar. 12, 2008]

[[Page 830]]

                    Seventeenth Coast Guard District



Sec. 165.1701  Port Valdez, Valdez, Alaska--safety zone.

    The waters within the following boundaries are a safetyzone--The 
area within 200 yards of any waterfront facility atthe Trans-Alaska 
Pipeline Valdez Terminal complex or vessels moored oranchored at the 
Trans-Alaska Pipeline Valdez Terminal complex and thearea within 200 
yards of any tank vessel maneuvering to approach,moor, unmoor, or depart 
the Trans-Alaska Pipeline Valdez Terminalcomplex.



Sec. 165.1702  Gastineau Channel, Juneau, Alaska--safety zone.

    (a) The waters within the following boundaries are a safety zone:A 
line beginning at the Standard Oil Company Pier West Light (LLNR3217), 
located at position 58[deg]17.9[min] N, 134[deg]24.8[min]W, in the 
direction of 140[deg] True to Rock Dump Lighted Buoy 2A(LLNR 3213) at 
position 58[deg]17.2[min] N, 134[deg]23.8[min] W;thence in the direction 
of 003[deg] True to a point at position58[deg]17.4[min] N, 
134[deg]23.7[min] W, on the north shore ofGastineau Channel; thence 
northwesterly along the north shore ofGastineau Channel to the point of 
origin.
    (b) Special Regulations:
    (1) All vessels may transit or navigate within the safety zone.
    (2) No vessels, other than a large passenger vessel (includingcruise 
ships and ferries) may anchor within the Safety zone withoutthe express 
consent from the Captain of the Port, Southeast Alaska.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended byCGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.1703  Ammunition Island, Port Valdez, Alaska.

    (a) Location. The waters within the following boundaries isa safety 
zone--the area within a radius of 1330 yards ofAmmunition Island, 
centered on latitude 61[deg]07[min]28[sec] N,longitude 
146[deg]18[min]29[sec] W, (NAD 83) and the vessel mooredor anchored at 
Ammunition Island.
    (b) The area 200 yards off the vessel navigating the VesselTraffic 
system from abeam of Naked Island, maneuvering to approach,moor, unmoor 
at Ammunition Island, or the departure of the vessel fromAmmunition 
Island.
    (c) Special regulation. (1) Section 165.23 does not apply 
toparagraph (a) of this section, except when the vessel is moored 
toAmmunition Island.
    (d) Effective August 25, 1987 Notice of vessels arrival will bemade 
in the Notice to Mariners, Local Notice to Mariners and in theLocal 
Valdez news-paper, prior to the vessel arrival.

[52 FR 30671, Aug. 17, 1987, as amended byUSCG-1998-3799, 63 FR 35533, 
June 30, 1998; COTP PrinceWilliam Sound 02-010, 67 FR 45313, July 9, 
2002]



Sec. 165.1704  Prince William Sound, Alaska-regulated navigation area.

    (a) The following is a regulated navigation area: The 
navigablewaters of the United States north of a line drawn from 
CapeHinchinbrook Light to Schooner Rock Light, comprising that portion 
ofPrince William Sound between 146[deg]30[min] W. and147[deg]20[min] W. 
and includes Valdez Arm, Valdez Narrows, and PortValdez.
    (b) Within the regulated navigation area described in paragraph(a) 
of this section, Sec. 161.60 of this chapter establishesa VTS Special 
Area for the waters of Valdez Arm, Valdez Narrows, andPort Valdez 
northeast of a line bearing 307[deg] True from TonguePoint at 
61[deg]02[min]06[sec] N., 146[deg]40[min] W.; andsouthwest of a line 
bearing 307[deg] True from Entrance Island Lightat 61[deg]05[min]06[sec] 
N., 146[deg]36[min]42[sec] W.
    (c) Regulations. In addition to the requirements set forthin Sec. 
161.13 and Sec. 161.60(c) of this chapter,a tank vessel of 20,000 
deadweight tons or more that intends tonavigate within the regulated 
navigation area must:
    (1) Report compliance with part 164 of this chapter, to the 
VesselTraffic Center (VTC);
    (2) Have at least two radiotelephones capable of operating on 
thedesignated VTS frequency, one of which is capable of 
batteryoperation;
    (3) When steady wind conditions in the VTS Special Area or 
PortValdez exceed, or are anticipated to exceed 40 knots, proceed 
asdirected by the VTC (entry into the VTS Special Area and Port Valdezis 
prohibited);
    (4) When transiting the VTS Special Area, limit speed to 12 knots;

[[Page 831]]

    (5) If laden and intending to navigate the VTS Special Area,limit 
speed to 12 knots except between Middle Rock and Potato Pointwhere the 
speed limit shall be 6 knots; and
    (6) Until December 31, 2004, have an operating 
AutomaticIdentification System Shipborne Equipment (AISSE) system 
installed.
    (i) The designated digital selective calling frequency (DSC) 
inPrince William Sound is 156.525MHz (VHF Channel 70).
    (ii) AISSE equipped vessels will not be required to make voiceradio 
position reports at designated reporting points required bySec. 
161.20(b), unless otherwise directed by the VTC.
    (iii) Whenever a vessel's AISSE becomes non-operational, asdefined 
in Sec. 164.43(c) of this chapter, before enteringor while underway in 
the VTS area, a vessel must:
    (A) Notify the VTC;
    (B) Make the required voice radio position reports as set forth 
inSec. 161.60 and required by Sec. 161.20(b) of thischapter;
    (C) Make other voice radio reports as required by the VTS; and
    (D) Restore the AISSE to operating condition as soon as possible.
    (iv) Whenever a vessel's AISSE becomes non-operational due to aloss 
of position correction information (i.e., the U.S. CoastGuard dGPS 
system cannot provide the required error correctionmessages) a vessel 
must:
    (A) Make the required voice radio position reports as set forth 
inSec. 161.60 and required by Sec. 161.20(b) of thischapter; and
    (B) Make other voice radio reports as required by the VTS.
    (v) Whenever a vessel's AISSE becomes non-operational beforegetting 
underway in the VTS area, permission to get underway must beobtained 
from the VTC.

    Note: Regulations pertaining to Automatic IdentificationSystem 
Shipborne Equipment (AISSE) required capabilities are set forthin Part 
164 of this chapter.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended byCGD 95-033, 60 FR 
28333, May 31, 1995; CGD 97-023, 62 FR33365, June 19, 1997; USCG-1998-
3799, 63 FR 35533, June30, 1998; USCG-2003-14757, 68 FR 39368, July 1, 
2003;USCG-2003-14757, 68 FR 60570, Oct. 22, 2003]



Sec. 165.1706  Gastineau Channel, Juneau, Alaska--Safety Zone.

    (a) Location. The following area is a safety zone: thewaters in 
Juneau Harbor within a 300 yard radius of the vessel orwaterfront 
facility located at 58[deg]17[min]41[sec] N,134[deg]24[min]22[sec] W 
used to conduct fireworks displays.
    (b) Effective date. The safety zone becomes effective onJuly 3 each 
year at 10 p.m. ADT. It terminates at the conclusion ofthe fireworks 
display at approximately 2:30 a.m. ADT on July 5 eachyear, unless sooner 
terminated by the Captain of the Port. If thefireworks display is 
postponed because of inclement weather, the dateand duration of the 
safety zone will be announced in the Local Noticesto Mariners.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into this zone isprohibited unless authorized 
by the Captain of the Port, SoutheastAlaska.

[59 FR 31934, June 21, 1994, as amended by COTP SoutheastAlaska 00-018, 
65 FR 81363, Dec. 26, 2000]



Sec. 165.1708  Tongass Narrows, Ketchikan, Alaska--Safety Zone.

    (a) Location. The following area is a safety zone: thewaters in 
Tongass Narrows within a 300 yard radius of the bargelocated at 
55[deg]20[min]32[sec] N, 131[deg]39[min]40[sec] Wused to conduct 
fireworks displays.
    (b) Effective date. The safety zone becomes effective onJuly 3 each 
year at 10 p.m. ADT. It terminates at the conclusion ofthe fireworks 
display at approximately 2:30 a.m. ADT on July 5 eachyear, unless sooner 
terminated by the Captain of the Port. If thefireworks display is 
postponed because of inclement weather, the dateand duration of the 
safety zone will be announced in the Local Noticesto Mariners.
    (c) Regulation. In accordance with the general regulationsin Sec. 
165.23 of this part, entry into this zone isprohibited unless authorized 
by the Captain of the Port, SoutheastAlaska.

[59 FR 31933, June 21, 1994, as amended at 65 FR 81362, Dec.26, 2000]

[[Page 832]]



Sec. 165.1709  Security Zones: Liquefied Natural Gas Tanker Transits andOperations at Phillips Petroleum LNG Pier, Cook Inlet, AK.

    (a) Location. The following areas are established assecurity zones 
during the specified conditions:
    (1) All navigable waters within a 1000-yard radius of theLiquefied 
Natural Gas (LNG) tankers during their inbound and outboundtransits 
through Cook Inlet, Alaska between the Phillips Petroleum LNGPier, 
60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W, andthe Homer Pilot 
Station at 59[deg]34[min]86[sec] N and151[deg]25[min]74[sec] W. On the 
inbound transit, this securityzone remains in effect until the tanker is 
alongside the PhillipsPetroleum LNG Pier, 60[deg]40[min]43[sec] N 
and151[deg]24[min]10[sec] W.
    (2) All navigable waters within a 1000-yard radius of theLiquefied 
Natural Gas tankers while they are moored at PhillipsPetroleum LNG Pier, 
60[deg]40[min]43[sec] N and151[deg]24[min]10[sec] W.
    (b) Special Regulations. (1) For the purpose of thissection, the 
general regulations contained in 33 CFR 165.33 apply toall but the 
following vessels in the areas described in paragraph (a):
    (i) Vessels scheduled to moor and offload or load cargo at 
otherNikiski marine terminals that have provided the Coast Guard with 
anAdvance Notice of Arrival.
    (ii) Commercial fishing vessels, including drift net and set 
netvessels, fishing from the waters within the zone, if
    (A) The owner of the vessel has previously requested approval 
fromthe Captain of the Port representative, Marine Safety 
DetachmentKenai, Alaska, to fish in the security zone and
    (B) Has provided the Captain of the Port representative, 
MarineSafety Detachment Kenai, Alaska current information about the 
vessel,including:
    (1) The name and/or the official number, if documented, orstate 
number, if numbered by a state issuing authority;
    (2) A brief description of the vessel, including length,color, and 
type of vessel;
    (3) The name, Social Security number, current address, andtelephone 
number of the vessel's master, operator or person in charge;and
    (4) Upon request, information on the vessel's crew.
    (C) A vessel owner or operator is required to submit theinformation 
one time, but shall provide the Captain of the Portrepresentative 
updated information when any part of it changes.
    (D) The Captain of the Port must approve a vessel's request priorto 
being allowed into the security zone at the Phillips Petroleum LNGPier.
    (E) The vessel is operated in compliance with any specific 
ordersissued to the vessel by the Captain of the Port or other 
regulationscontrolling the operation of vessels within the security zone 
that maybe in effect.
    (2) All persons and vessels shall comply with the instructions ofthe 
Captain of the Port representative or the designated on-scenepatrol 
personnel. These personnel are comprised of commissioned,warrant, and 
petty officers of the Coast Guard. Upon being hailed by aU. S. Coast 
Guard vessel by siren, radio, flashing light, or othermeans, the 
operator of a vessel shall proceed as directed.
    (3) The Marine Safety Detachment Kenai, Alaska will notify 
themaritime community of these security zones by publishing a 
LocalNotice to Mariners and via a bimonthly marine Broadcast Notice 
toMariners.

[COTP 02-001, 67 FR 44059, July 1, 2002]



Sec. 165.1710  Port Valdez and Valdez Narrows, Valdez, Alaska--securityzones.

    (a) Location. The following areas are security zones:
    (1) Trans-Alaska Pipeline (TAPS) Valdez Terminal complex(Terminal), 
Valdez, Alaska and TAPS tank vessels. All watersenclosed within a line 
beginning on the southern shoreline of PortValdez at 
61[deg]05[min]03.6[sec] N, 146[deg]25[min]42[sec] W;thence northerly to 
yellow buoy at 61[deg]06[min]00[sec] N,146[deg]25[min]42[sec] W; thence 
east to the yellow buoy at61[deg]06[min]00[sec] N, 
146[deg]21[min]30[sec] W; thence southto 61[deg]05[min]06[sec] N, 
146[deg]21[min]30[sec] W; thencewest along the shoreline and including 
the area 2000 yards inlandalong the shoreline to the beginning point.
    (2) Tank vessel moving security zone. All waters within 200yards of 
any TAPS tank vessel maneuvering to approach, moor, unmoor ordepart the 
TAPS Terminal or transiting, maneuvering, laying to oranchored within

[[Page 833]]

the boundaries of the Captain of the Port, PrinceWilliam Sound Zone 
described in 33 CFR 3.85-20 (b).
    (3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters200 yards 
either side of the Valdez Narrows Tanker Optimum Track linebounded by a 
line beginning at 61[deg]05[min]15[sec] N,146[deg]37[min]18[sec] W; 
thence south west to61[deg]04[min]00[sec] N, 146[deg]39[min]52[sec] W; 
thencesoutherly to 61[deg]02[min]32.5[sec] N, 146[deg]41[min]25[sec]W; 
thence north west to 61[deg]02[min]40.5[sec] N,146[deg]41[min]47[sec] W; 
thence north east to61[deg]04[min]07.5[sec] N, 146[deg]40[min]15[sec] W; 
thencenorth east to 61[deg]05[min]22[sec] N, 146[deg]37[min]38[sec] 
W;thence south east back to the starting point at61[deg]05[min]15[sec] 
N, 146[deg]37[min]18[sec] W.
    (b) Regulations. (1) The general regulations in 33 CFR165.33 apply 
to the security zones described in paragraph (a) of thissection.
    (2) Tank vessels transiting directly to the TAPS terminal 
complex,engaged in the movement of oil from the terminal or fuel to 
theterminal, and vessels used to provide assistance or support to 
thetank vessels directly transiting to the terminal, or to the 
terminalitself, and that have reported their movements to the Vessel 
TrafficService, as required under 33 CFR part 161 andSec. 165.1704, may 
operate as necessary to ensure safepassage of tank vessels to and from 
the terminal.
    (3) All persons and vessels must comply with the instructions ofthe 
Coast Guard Captain of the Port and the designated on-scene 
patrolpersonnel. These personnel comprise commissioned, warrant, and 
pettyofficers of the Coast Guard. Upon being hailed by a vessel 
displayinga U.S. Coast Guard ensign by siren, radio, flashing light, or 
othermeans, the operator of the vessel must proceed as directed. 
CoastGuard Auxiliary and local or state agencies may be present to 
informvessel operators of the requirements of this section and 
otherapplicable laws.

[COTP Prince William Sound 02-011, 71 FR 2154, Jan. 13,2006]



Sec. 165.1711  Security Zones; Waters of the Seventeenth Coast Guard District

    (a) Definitions. As used in this section--
    Alaska Marine Highway System vessel (``AMHSvessel'') means any 
vessel owned or operated by the AlaskaMarine Highway System, including, 
but not limited to: M/V AURORA, M/VCHENEGA, M/V COLUMBIA, M/V 
FAIRWEATHER, M/V KENNICOTT, M/V LECONTE,M/V LITUYA, M/V MALASPINA, M/V 
MATANUSKA, M/V TAKU, and the M/VTUSTUMENA.
    Designated on Scene Representative means any U.S. CoastGuard 
commissioned, warrant or petty officer who has been authorizedby the 
District Commander or local Captain of the Port (COTP), asdefined in 33 
CFR part 3, subpart 3.85, to act on his or her behalf,or other Federal, 
State or local law enforcement Officers designatedby the COTP.
    Escorted HCPV or AMHS vessel means a HCPV or AMHS vesselthat is 
accompanied by one or more Coast Guard assets or Federal,State or local 
law enforcement agency assets as listed below:
    (1) Coast Guard surface or air asset displaying the Coast 
Guardinsignia.
    (2) State, Federal or local law enforcement assets displaying 
theapplicable agency markings and or equipment associated with 
theagency.
    Federal Law Enforcement Officer means any Federal governmentlaw 
enforcement officer who has authority to enforce federal criminallaws.
    High Capacity Passenger Vessel (``HCPV'') meansa passenger vessel 
greater than 100 feet in length that is authorizedto carry more than 500 
passengers for hire.
    State law enforcement Officer means any State or localgovernment law 
enforcement officer who has authority to enforce Stateor local criminal 
laws.
    (b) Location. The following areas are security zones: allwaters 
within 100 yards around escorted High Capacity PassengerVessels or 
escorted Alaska Marine Highway System vessels in thenavigable waters of 
the Seventeenth Coast Guard District as defined in33 CFR 3.85-1, from 
surface to bottom.
    (c) Regulations. (1) No vessel may approach within 100 yardsof an 
escorted HCPV or escorted AMHS vessel during their transitswithin the 
navigable waters of the Seventeenth Coast Guard District.
    (2) Moored or anchored vessels that are overtaken by this movingzone

[[Page 834]]

must remain stationary at their location until the escortedvessel 
maneuvers at least 100 yards away.
    (3) The local Captain of the Port may notify the maritime andgeneral 
public by marine information broadcast of the periods duringwhich 
individual security zones have been activated by providingnotice in 
accordance with 33 CFR 165.7.
    (4) Persons desiring to transit within 100 yards of a 
moving,escorted HCPV or AMHS vessel in the Seventeenth Coast Guard 
Districtmust contact the designated on scene representative on VHF 
channel 16(156.800 MHz) or VHF channel 13 (156.650 MHz) to receive 
permission.
    (5) If permission is granted to transit within 100 yards of 
anescorted HCPV or AMHS vessel, all persons and vessels must comply 
withthe instructions of the designated on scene representative.
    (6) All commercial fishing vessels as defined by 46 U.S.C.2101(11a) 
while actively engaged in fishing are exempted from theprovisions of 
this section.

[CGD17-05-002, 71 FR 19123, Apr. 13, 2006]



                  Subpart G_Protection of Naval Vessels

    Authority: 14 U.S.C. 91 and 633; 49 CFR 1.45.

    Source: LANT AREA-02-001, 67 FR 31960, May13, 2002, unless otherwise 
noted.



Sec. 165.2010  Purpose.

    This subpart establishes the geographic parameters of naval 
vesselprotection zones surrounding U.S. naval vessels in the 
navigablewaters of the United States. This subpart also establishes when 
theU.S. Navy will take enforcement action in accordance with 
thestatutory guidelines of 14 U.S.C. 91. Nothing in the rules 
andregulations contained in this subpart shall relieve any 
vessel,including U.S. naval vessels, from the observance of the 
NavigationRules. The rules and regulations contained in this subpart 
supplement,but do not replace or supercede, any other regulation 
pertaining tothe safety or security of U.S. naval vessels.



Sec. 165.2015  Definitions.

    The following definitions apply to this subpart:
    Atlantic Area means that area described in 33 CFR3.04-1 Atlantic 
Area.
    Large U.S. naval vessel means any U.S. naval vessel greaterthan 100 
feet in length overall.
    Naval defensive sea area means those areas described in 32CFR part 
761.
    Naval vessel protection zone is a 500-yard regulated area ofwater 
surrounding large U.S. naval vessels that is necessary toprovide for the 
safety or security of these U.S. naval vessels.
    Navigable waters of the United States means those watersdefined as 
such in 33 CFR part 2.
    Navigation rules means the Navigation Rules, International-Inland.
    Official patrol means those personnel designated andsupervised by a 
senior naval officer present in command and tasked tomonitor a naval 
vessel protection zone, permit entry into the zone,give legally 
enforceable orders to persons or vessels within the zone,and take other 
actions authorized by the U.S. Navy.
    Pacific Area means that area described in 33 CFR3.04-3 Pacific Area.
    Restricted area means those areas established by the ArmyCorps of 
Engineers and set out in 33 CFR part 334.
    Senior naval officer present in command is, unless 
otherwisedesignated by competent authority, the senior line officer of 
the U.S.Navy on active duty, eligible for command at sea, who is present 
andin command of any part of the Department of Navy in the area.
    U.S. naval vessel means any vessel owned, operated,chartered, or 
leased by the U.S. Navy; any pre-commissioned 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.
    Vessel means every description of watercraft or otherartificial 
contrivance used, or capable of being used, as a means oftransportation 
on water, except U.S. Coast Guard or U.S. navalvessels.



Sec. 165.2020  Enforcement authority.

    (a) Coast Guard. Any Coast Guard commissioned, warrant orpetty 
officer

[[Page 835]]

may enforce the rules and regulations contained inthis subpart.
    (b) Senior naval officer present in command. In thenavigable waters 
of the United States, when immediate action isrequired and 
representatives of the Coast Guard are not present or notpresent in 
sufficient force to exercise effective control in thevicinity of large 
U.S. naval vessels, the senior naval officer presentin command is 
responsible for the enforcement of the rules andregulations contained in 
this subpart to ensure the safety andsecurity of all large naval vessels 
present. In meeting thisresponsibility, the senior naval officer present 
in command maydirectly assist any Coast Guard enforcement personnel who 
are present.



Sec. 165.2025  Atlantic Area.

    (a) This section applies to any vessel or person in the 
navigablewaters of the United States within the boundaries of the U.S. 
CoastGuard Atlantic Area, which includes the First, Fifth, Seventh, 
Eighthand Ninth U.S. Coast Guard Districts.

    Note to Sec. 165.2025 paragraph (a): Theboundaries of the U.S. 
Coast Guard Atlantic Area and the First, Fifth,Seventh, Eighth and Ninth 
U.S. Coast Guard Districts are set out in 33CFR part 3.

    (b) A naval vessel protection zone exists around U.S. navalvessels 
greater than 100 feet in length overall at all times in thenavigable 
waters of the United States, whether the large U.S. navalvessel is 
underway, anchored, moored, or within a floating drydock,except when the 
large naval vessel is moored or anchored within arestricted area or 
within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a 
navalvessel protection zone.
    (d) When within a naval vessel protection zone, all vessels 
shalloperate at the minimum speed necessary to maintain a safe 
course,unless required to maintain speed by the Navigation Rules, and 
shallproceed as directed by the Coast Guard, the senior naval 
officerpresent in command, or the official patrol. When within a naval 
vesselprotection zone, no vessel or person is allowed within 100 yards 
of alarge U.S. naval vessel unless authorized by the Coast Guard, 
thesenior naval officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of alarge 
U.S. naval vessel, contact the Coast Guard, the senior navalofficer 
present in command, or the official patrol on VHF-FM channel16.
    (f) When conditions permit, the Coast Guard, senior naval 
officerpresent in command, or the official patrol should:
    (1) Give advance notice on VHF-FM channel 16 of all large U.S.naval 
vessel movements; and
    (2) Permit vessels constrained by their navigational draft 
orrestricted in their ability to maneuver to pass within 100 yards of 
alarge U.S. naval vessel in order to ensure a safe passage inaccordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchoragearea 
to remain at anchor when within 100 yards of passing large U.S.naval 
vessels; and
    (4) Permit vessels that must transit via a navigable channel 
orwaterway to pass within 100 yards of a moored or anchored large 
U.S.naval vessel with minimal delay consistent with security.

    Note to Sec. 165.2025 paragraph (f): The listedactions are 
discretionary and do not create any additional right toappeal or 
otherwise dispute a decision of the Coast Guard, the seniornaval officer 
present in command, or the official patrol.



Sec. 165.2030  Pacific Area.

    (a) This section applies to any vessel or person in the 
navigablewaters of the United States within the boundaries of the U.S. 
CoastGuard Pacific Area, which includes the Eleventh, 
Thirteenth,Fourteenth, and Seventeenth U.S. Coast Guard Districts.

    Note to paragraph (a): The boundaries of the U.S. CoastGuard Pacific 
Area and the Eleventh, Thirteenth, Fourteenth, andSeventeenth U.S. Coast 
Guard Districts are set out in 33 CFR part 3.

    (b) A naval vessel protection zone exists around U.S. navalvessels 
greater than 100 feet in length overall at all times in thenavigable 
waters of the United States, whether the large U.S. navalvessel is 
underway, anchored,

[[Page 836]]

moored, or within a floating drydock, except when the large naval vessel 
is moored or anchored withina restricted area or within a naval 
defensive sea area.
    (c) The Navigation Rules shall apply at all times within a 
navalvessel protection zone.
    (d) When within a naval vessel protection zone, all vessels 
shalloperate at the minimum speed necessary to maintain a safe 
course,unless required to maintain speed by the Navigation Rules, and 
shallproceed as directed by the Coast Guard, the senior naval 
officerpresent in command, or the official patrol. When within a naval 
vesselprotection zone, no vessel or person is allowed within 100 yards 
of alarge U.S. naval vessel unless authorized by the Coast Guard, 
thesenior naval officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of alarge 
U.S. naval vessel, contact the Coast Guard, the senior navalofficer 
present in command, or the official patrol on VHF-FM channel16.
    (f) When conditions permit, the Coast Guard, senior naval 
officerpresent in command, or the official patrol should:
    (1) Give advance notice on VHF-FM channel 16 of all large U.S.naval 
vessel movements;
    (2) Permit vessels constrained by their navigational draft 
orrestricted in their ability to maneuver to pass within 100 yards of 
alarge U.S. naval vessel in order to ensure a safe passage inaccordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchoragearea 
to remain at anchor when within 100 yards of passing large U.S.naval 
vessels; and
    (4) Permit vessels that must transit via a navigable channel 
orwaterway to pass within 100 yards of a moored or anchored large 
U.S.naval vessel with minimal delay consistent with security.

    Note to paragraph (f): The listed actions are discretionaryand do 
not create any additional right to appeal or otherwise disputea decision 
of the Coast Guard, the senior naval officer present incommand, or the 
official patrol.

[PAC AREA-02-001, 67 FR 38394, June 4, 2002]



PART 166_SHIPPING SAFETY FAIRWAYS--Table of Contents




                            Subpart A_General

Sec.
166.100 Purpose.
166.103 Geographic coordinates.
166.105 Definitions.
166.110 Modification of areas.

        Subpart B_Designations of Fairways and Fairway Anchorages

166.200 Shipping safety fairways and anchorage areas, Gulfof Mexico.
166.300 Areas along the coast of California.
166.400 Areas along the coast of Alaska.
166.500 Areas along the Atlantic Coast.

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.



                            Subpart A_General



Sec. 166.100  Purpose.

    The purpose of these regulations is to establish and 
designateshipping safety fairways and fairway anchorages to 
provideunobstructed approaches for vessels using U.S. ports.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



Sec. 166.103  Geographic coordinates.

    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 33811, Sept. 8, 1987]



Sec. 166.105  Definitions.

    (a) Shipping safety fairway or fairway means a lane orcorridor in 
which no artificial island or fixed structure, whethertemporary or 
permanent, will be permitted. Temporary underwaterobstacles may be 
permitted under certain conditions described forspecific areas in 
Subpart B. Aids to navigation approved by the U.S.Coast Guard may be 
established in a fairway.

[[Page 837]]

    (b) Fairway anchorage means an anchorage areacontiguous to and 
associated with a fairway, in which fixed structuresmay be permitted 
within certain spacing limitations, as described forspecific areas in 
Subpart B.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



Sec. 166.110  Modification of areas.

    Fairways and fairway anchorages are subject to modification 
inaccordance with 33 U.S.C. 1223(c); 92 Stat. 1473.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



        Subpart B_Designations of Fairways and Fairway Anchorages



Sec. 166.200  Shipping safety fairways and anchorage areas, Gulf of Mexico.

    (a) Purpose. Fairways and anchorage areas as described inthis 
section are established to control the erection of structurestherein to 
provide safe approaches through oil fields in the Gulf ofMexico to 
entrances to the major ports along the Gulf Coast.
    (b) Special Conditions for Fairways in the Gulf of Mexico.Temporary 
anchors and attendant cables or chains attached to floatingor 
semisubmersible drilling rigs outside a fairway may be placedwithin a 
fairway described in this section for the Gulf of Mexico,provided the 
following conditions are met:
    (1) Anchors installed within fairways to stablize 
semisubmersibledrilling rigs shall be allowed to remain 120 days. This 
period may beextended by the Army Corps of Engineers, as provided 
bySec. 209.135(b).
    (2) Drilling rigs must be outside of any fairway boundary towhatever 
distance is necessary to ensure that the minimum depth ofwater over an 
anchor line within a fairway is 125 feet.
    (3) No anchor buoys or floats or related rigging will be allowedon 
the surface of the water or to a depth of at least 125 feet fromthe 
surface, within a fairway.
    (4) Aids to Navigation or danger markings must be installed 
asrequired by 33 CFR Subchapter C.
    (c) Special Conditions for Fairway Anchorages in the Gulf ofMexico. 
Structures may be placed within an area designated as afairway 
anchorage, but the number of structures will be limited byspacing as 
follows:
    (1) The center of a structure to be erected shall not be less 
thantwo (2) nautical miles from the center of any existing structure.
    (2) In a drilling or production complex, associated 
structuresconnected by walkways shall be considered one structure for 
purposesof spacing, and shall be as close together as practicable having 
dueconsideration for the safety factors involved.
    (3) A vessel fixed in place by moorings and used in conjunctionwith 
the associated structures of a drilling or production complex,shall be 
considered an attendant vessel and the extent of the complexshall 
include the vessel and its moorings.
    (4) When a drilling or production complex extends more than 
fivehundred (500) yards from the center, a new structure shall not 
beerected closer than two (2) nautical miles from the outer limit of 
thecomplex.
    (5) An underwater completion installation in an anchorage areashall 
be considered a structure and shall be marked with a lightedbuoy 
approved by the United States Coast Guard underSec. 66.01.
    (d) Designated Areas--(1) Brazos Santiago PassSafety Fairway. The 
areas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]03[min]27[sec].....................  97[deg]08[min]36[sec]
26[deg]02[min]57[sec].....................  97[deg]07[min]11[sec]
26[deg]02[min]06[sec].....................  96[deg]57[min]24[sec]
25[deg]58[min]54[sec].....................  96[deg]19[min]00[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]04[min]27[sec].....................  97[deg]08[min]36[sec]
26[deg]04[min]58[sec].....................  97[deg]07[min]07[sec]
26[deg]04[min]12[sec].....................  96[deg]59[min]30[sec]
26[deg]04[min]00[sec].....................  96[deg]57[min]24[sec]
26[deg]00[min]54[sec].....................  96[deg]19[min]00[sec]
------------------------------------------------------------------------

    (2) Brazos Santiago Pass Anchorage Areas. The areas enclosedby rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
 26[deg]02[min]57[sec]....................  97[deg]07[min]11[sec]
26[deg]02[min]06[sec].....................  96[deg]57[min]24[sec]
25[deg]58[min]54[sec].....................  96[deg]57[min]24[sec]
25[deg]58[min]54[sec].....................  97[deg]07[min]18[sec]
26[deg]02[min]57[sec].....................  97[deg]07[min]11[sec]
------------------------------------------------------------------------


[[Page 838]]


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]04[min]58[sec].....................  97[deg]07[min]07[sec]
26[deg]09[min]00[sec].....................  97[deg]07[min]00[sec]
26[deg]09[min]00[sec].....................  96[deg]59[min]30[sec]
26[deg]04[min]12[sec].....................  96[deg]59[min]30[sec]
26[deg]04[min]58[sec].....................  97[deg]07[min]07[sec]
------------------------------------------------------------------------

    (3) Port Mansfield Safety Fairway. The area between a rhumbline 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]33[min]39[sec].....................  97[deg]16[min]04[sec]
26[deg]33[min]43[sec].....................  97[deg]14[min]38[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]34[min]04[sec].....................  97[deg]16[min]05[sec]
26[deg]34[min]40[sec].....................  97[deg]15[min]47[sec]
26[deg]34[min]43[sec].....................  97[deg]14[min]40[sec]
------------------------------------------------------------------------

    (4) Aransas Pass Safety Fairway. The area between rhumblines joining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]49[min]21[sec].....................  97[deg]02[min]08[sec]
27[deg]48[min]11[sec].....................  97[deg]01[min]06[sec]
27[deg]46[min]26[sec].....................  96[deg]57[min]40[sec]
27[deg]45[min]14[sec].....................  96[deg]55[min]26[sec]
27[deg]44[min]09[sec].....................  96[deg]53[min]25[sec]
27[deg]42[min]47[sec].....................  96[deg]51[min]39[sec]
27[deg]39[min]24[sec].....................  96[deg]48[min]26[sec]
27[deg]21[min]59[sec].....................  96[deg]11[min]42[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]50[min]15[sec].....................  97[deg]01[min]32[sec]
27[deg]49[min]54[sec].....................  96[deg]59[min]56[sec]
27[deg]45[min]22[sec].....................  96[deg]51[min]19[sec]
27[deg]44[min]35[sec].....................  96[deg]48[min]31[sec]
27[deg]43[min]49[sec].....................  96[deg]45[min]47[sec]
27[deg]35[min]17[sec].....................  96[deg]27[min]46[sec]
27[deg]33[min]33[sec].....................  96[deg]24[min]06[sec]
27[deg]25[min]53[sec].....................  96[deg]07[min]56[sec]
------------------------------------------------------------------------


separated by areas enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]41[min]10[sec].....................  96[deg]47[min]23[sec]
27[deg]34[min]50[sec].....................  96[deg]34[min]01[sec]
27[deg]34[min]59[sec].....................  96[deg]31[min]56[sec]
27[deg]42[min]03[sec].....................  96[deg]46[min]51[sec]
27[deg]41[min]10[sec].....................  96[deg]47[min]23[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]33[min]06[sec].....................  96[deg]30[min]21[sec]
27[deg]23[min]33[sec].....................  96[deg]10[min]12[sec]
27[deg]24[min]19[sec].....................  96[deg]09[min]26[sec]
27[deg]33[min]15[sec].....................  96[deg]28[min]16[sec]
27[deg]33[min]06[sec].....................  96[deg]30[min]21[sec]
------------------------------------------------------------------------

    (5) Aransas Pass Anchorage Areas. The areas enclosed byrhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]49[min]54[sec].....................  96[deg]59[min]56[sec]
27[deg]45[min]22[sec].....................  96[deg]51[min]19[sec]
27[deg]51[min]46[sec].....................  96[deg]40[min]12[sec]
27[deg]53[min]36[sec].....................  96[deg]56[min]30[sec]
27[deg]49[min]54[sec].....................  96[deg]59[min]56[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]45[min]14[sec].....................  96[deg]55[min]26[sec]
27[deg]43[min]00[sec].....................  96[deg]55[min]27[sec]
27[deg]44[min]09[sec].....................  96[deg]53[min]25[sec]
27[deg]45[min]14[sec].....................  96[deg]55[min]26[sec]
------------------------------------------------------------------------

    (6) Matagorda Entrance Safety Fairway. The areas betweenrhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]24[min]50[sec].....................  96[deg]19[min]38[sec]
28[deg]22[min]16[sec].....................  96[deg]17[min]40[sec]
28[deg]14[min]48[sec].....................  96[deg]09[min]42[sec]
28[deg]11[min]24[sec].....................  96[deg]06[min]06[sec]
28[deg]10[min]06[sec].....................  96[deg]04[min]42[sec]
27[deg]38[min]02[sec].....................  95[deg]49[min]39[sec]
------------------------------------------------------------------------


with rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]25[min]31[sec].....................  96[deg]18[min]48[sec]
28[deg]23[min]38[sec].....................  96[deg]16[min]00[sec]
28[deg]16[min]12[sec].....................  96[deg]08[min]06[sec]
28[deg]12[min]30[sec].....................  96[deg]04[min]12[sec]
28[deg]11[min]13[sec].....................  96[deg]02[min]46[sec]
27[deg]38[min]12[sec].....................  95[deg]47[min]19[sec]
------------------------------------------------------------------------

    (7) Matagorda Entrance Anchorage Areas. The areas enclosedby rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]22[min]16[sec].....................  96[deg]17[min]40[sec]
28[deg]14[min]48[sec].....................  96[deg]09[min]42[sec]
28[deg]12[min]42[sec].....................  96[deg]12[min]12[sec]
28[deg]20[min]12[sec].....................  96[deg]20[min]12[sec]
28[deg]22[min]16[sec].....................  96[deg]17[min]40[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]23[min]38[sec].....................  96[deg]16[min]00[sec]
28[deg]25[min]36[sec].....................  96[deg]13[min]36[sec]
28[deg]18[min]12[sec].....................  96[deg]05[min]36[sec]

[[Page 839]]

 
28[deg]16[min]12[sec].....................  96[deg]08[min]06[sec]
28[deg]23[min]38[sec].....................  96[deg]16[min]00[sec]
------------------------------------------------------------------------

    (8) Freeport Harbor Safety Fairway. The area between rhumblines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]55[min]19[sec].....................  95[deg]17[min]46[sec]
28[deg]52[min]58[sec].....................  95[deg]16[min]06[sec]
28[deg]44[min]52[sec].....................  95[deg]07[min]43[sec]
28[deg]43[min]32[sec].....................  95[deg]06[min]18[sec]
28[deg]04[min]48[sec].....................  94[deg]26[min]12[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]55[min]59[sec].....................  95[deg]16[min]55[sec]
28[deg]54[min]05[sec].....................  95[deg]14[min]10[sec]
28[deg]45[min]58[sec].....................  95[deg]5[min]48[sec]
28[deg]44[min]39[sec].....................  95[deg]04[min]22[sec]
28[deg]07[min]46[sec].....................  94[deg]26[min]12[sec]
------------------------------------------------------------------------

    (9) Freeport Harbor Anchorage Areas. The areas enclosed byrhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]52[min]58[sec].....................  95[deg]16[min]06[sec]
28[deg]44[min]52[sec].....................  95[deg]07[min]43[sec]
28[deg]42[min]24[sec].....................  95[deg]12[min]00[sec]
28[deg]51[min]30[sec].....................  95[deg]18[min]42[sec]
28[deg]52[min]58[sec].....................  95[deg]16[min]06[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]54[min]05[sec].....................  95[deg]14[min]10[sec]
28[deg]56[min]54[sec].....................  95[deg]09[min]18[sec]
28[deg]47[min]42[sec].....................  95[deg]02[min]42[sec]
28[deg]45[min]58[sec].....................  95[deg]05[min]48[sec]
28[deg]54[min]05[sec].....................  95[deg]14[min]10[sec]
------------------------------------------------------------------------

    (10) Galveston Entrance Safety Fairways. The areas betweenrhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]44[min]03[sec].....................  94[deg]26[min]12[sec]
28[deg]04[min]48[sec].....................  94[deg]26[min]12[sec]
28[deg]07[min]46[sec].....................  94[deg]26[min]12[sec]
29[deg]06[min]24[sec].....................  94[deg]26[min]12[sec]
29[deg]07[min]42[sec].....................  94[deg]27[min]48[sec]
29[deg]18[min]10[sec].....................  94[deg]39[min]16[sec]
29[deg]19[min]39[sec].....................  94[deg]41[min]33[sec]
29[deg]20[min]44[sec].....................  94[deg]40[min]44[sec]
29[deg]19[min]23[sec].....................  94[deg]37[min]08[sec]
29[deg]10[min]30[sec].....................  94[deg]22[min]54[sec]
29[deg]10[min]17[sec].....................  94[deg]22[min]30[sec]
29[deg]09[min]06[sec].....................  94[deg]20[min]36[sec]
28[deg]17[min]17[sec].....................  92[deg]57[min]59[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]44[min]13[sec].....................  94[deg]23[min]57[sec]
29[deg]06[min]24[sec].....................  94[deg]23[min]55[sec]
29[deg]07[min]41[sec].....................  94[deg]22[min]23[sec]
28[deg]11[min]57[sec].....................  92[deg]53[min]25[sec]
------------------------------------------------------------------------

    (11) Galveston Entrance Anchorage Areas. The areas enclosedby rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
9[deg]18[min]10[sec]......................  94[deg]39[min]16[sec]
29[deg]08[min]04[sec].....................  94[deg]28[min]12[sec]
29[deg]03[min]13[sec].....................  94[deg]36[min]48[sec]
29[deg]14[min]48[sec].....................  94[deg]45[min]12[sec]
29[deg]18[min]10[sec].....................  94[deg]39[min]16[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]19[min]23[sec].....................  94[deg]37[min]08[sec]
29[deg]22[min]18[sec].....................  94[deg]32[min]00[sec]
29[deg]14[min]23[sec].....................  94[deg]25[min]53[sec]
29[deg]13[min]24[sec].....................  94[deg]27[min]33[sec]
29[deg]19[min]23[sec].....................  94[deg]37[min]08[sec]
------------------------------------------------------------------------

    (12) Sabine Pass Safety Fairway. The areas between rhumblines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]38[min]25[sec].....................  93[deg]50[min]02[sec]
29[deg]35[min]19[sec].....................  93[deg]49[min]10[sec]
29[deg]33[min]00[sec].....................  93[deg]46[min]26[sec]
29[deg]32[min]03[sec].....................  93[deg]46[min]44[sec]
29[deg]30[min]39[sec].....................  93[deg]43[min]41[sec]
29[deg]28[min]30[sec].....................  93[deg]41[min]09[sec]
29[deg]07[min]28[sec].....................  93[deg]41[min]08[sec]
28[deg]17[min]17[sec].....................  92[deg]57[min]59[sec]
28[deg]11[min]57[sec].....................  92[deg]53[min]25[sec]
27[deg]51[min]58[sec].....................  92[deg]36[min]20[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]38[min]48[sec].....................  93[deg]48[min]59[sec]
29[deg]37[min]32[sec].....................  93[deg]48[min]02[sec]
29[deg]36[min]28[sec].....................  93[deg]47[min]14[sec]
29[deg]32[min]52[sec].....................  93[deg]43[min]00[sec]
29[deg]31[min]13[sec].....................  93[deg]41[min]04[sec]
29[deg]29[min]20[sec].....................  93[deg]38[min]51[sec]
29[deg]08[min]08[sec].....................  93[deg]38[min]52[sec]
28[deg]39[min]02[sec].....................  93[deg]13[min]39[sec]
28[deg]36[min]15[sec].....................  93[deg]11[min]15[sec]
27[deg]52[min]09[sec].....................  92[deg]33[min]40[sec]
------------------------------------------------------------------------

    (13) Sabine Pass Anchorage Areas--(i) Sabine PassInshore Anchorage 
Area. The area enclosed by rhumb lines joiningpoints at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]37[min]32[sec].....................  93[deg]48[min]02[sec]
29[deg]37[min]32[sec].....................  93[deg]21[min]25[sec]
29[deg]32[min]52[sec].....................  93[deg]43[min]00[sec]

[[Page 840]]

 
29[deg]36[min]28[sec].....................  93[deg]47[min]14[sec]
------------------------------------------------------------------------

    (ii) Sabine Bank Offshore (North) Anchorage Area. The areaenclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]26[min]06[sec].....................  93[deg]43[min]00[sec]
29[deg]26[min]06[sec].....................  93[deg]41[min]08[sec]
29[deg]24[min]06[sec].....................  93[deg]41[min]08[sec]
29[deg]24[min]06[sec].....................  93[deg]43[min]00[sec]
------------------------------------------------------------------------

    (iii) Sabine Bank Offshore (South) Anchorage Area. The areaenclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]16[min]55[sec].....................  93[deg]43[min]00[sec]
29[deg]16[min]55[sec].....................  93[deg]41[min]08[sec]
29[deg]14[min]29[sec].....................  93[deg]41[min]08[sec]
29[deg]14[min]29[sec].....................  93[deg]43[min]00[sec]
------------------------------------------------------------------------

    (iv) Sabine Bank Offshore (East) Anchorage Area. The areaenclosed by 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]26[min]06[sec].....................  93[deg]38[min]52[sec]
29[deg]26[min]06[sec].....................  93[deg]37[min]00[sec]
29[deg]24[min]06[sec].....................  93[deg]37[min]00[sec]
29[deg]24[min]06[sec].....................  93[deg]38[min]52[sec]
------------------------------------------------------------------------

    (14) Coastwise Safety Fairways--(i) Brazos SantiagoPass to Aransas 
Pass. The areas between rhumb lines joining pointsat:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]04[min]12[sec].....................  96[deg]59[min]30[sec]
26[deg]09[min]00[sec].....................  96[deg]59[min]30[sec]
27[deg]46[min]26[sec].....................  96[deg]57[min]40[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
25[deg]58[min]54[sec].....................  96[deg]57[min]24[sec]
26[deg]02[min]06[sec].....................  96[deg]57[min]24[sec]
26[deg]04[min]00[sec].....................  96[deg]57[min]24[sec]
27[deg]40[min]36[sec].....................  96[deg]55[min]30[sec]
27[deg]43[min]00[sec].....................  96[deg]55[min]27[sec]
27[deg]45[min]14[sec].....................  96[deg]55[min]26[sec]
------------------------------------------------------------------------

    (ii) Aransas Pass to Calcasieu Pass. The areas between rhumblines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]43[min]00[sec].....................  96[deg]55[min]27[sec]
27[deg]44[min]09[sec].....................  96[deg]53[min]25[sec]
27[deg]45[min]22[sec].....................  96[deg]51[min]19[sec]
27[deg]51[min]46[sec].....................  96[deg]40[min]12[sec]
28[deg]11[min]24[sec].....................  96[deg]06[min]06[sec]
28[deg]12[min]30[sec].....................  96[deg]04[min]12[sec]
28[deg]42[min]24[sec].....................  95[deg]12[min]00[sec]
28[deg]44[min]52[sec].....................  95[deg]07[min]43[sec]
28[deg]45[min]58[sec].....................  95[deg]05[min]48[sec]
28[deg]47[min]42[sec].....................  95[deg]02[min]42[sec]
29[deg]07[min]42[sec].....................  94[deg]27[min]48[sec]
29[deg]10[min]17[sec].....................  94[deg]22[min]30[sec]
29[deg]29[min]30[sec].....................  93[deg]58[min]24[sec]
29[deg]32[min]03[sec].....................  93[deg]46[min]44[sec]
29[deg]33[min]00[sec].....................  93[deg]46[min]26[sec]
29[deg]32[min]52[sec].....................  93[deg]43[min]00[sec]
29[deg]37[min]32[sec].....................  93[deg]21[min]25[sec]
------------------------------------------------------------------------


with rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]40[min]36[sec].....................  96[deg]55[min]30[sec]
27[deg]42[min]47[sec].....................  96[deg]51[min]39[sec]
27[deg]44[min]35[sec].....................  96[deg]48[min]31[sec]
28[deg]10[min]06[sec].....................  96[deg]04[min]42[sec]
28[deg]11[min]13[sec].....................  96[deg]02[min]46[sec]
28[deg]43[min]32[sec].....................  95[deg]06[min]18[sec]
28[deg]44[min]39[sec].....................  95[deg]04[min]22[sec]
29[deg]06[min]24[sec].....................  94[deg]26[min]12[sec]
29[deg]06[min]24[sec].....................  94[deg]23[min]55[sec]
29[deg]07[min]41[sec].....................  94[deg]22[min]23[sec]
29[deg]09[min]06[sec].....................  94[deg]20[min]36[sec]
29[deg]27[min]40[sec].....................  93[deg]57[min]18[sec]
29[deg]30[min]39[sec].....................  93[deg]43[min]41[sec]
29[deg]31[min]13[sec].....................  93[deg]41[min]04[sec]
29[deg]33[min]56[sec].....................  93[deg]28[min]35[sec]
29[deg]32[min]57[sec].....................  93[deg]17[min]00[sec]
------------------------------------------------------------------------

    (15) Calcasieu Pass Safety Fairway. The areas between rhumblines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]45[min]00[sec].....................  93[deg]20[min]58[sec]
29[deg]40[min]56[sec].....................  93[deg]20[min]18[sec]
29[deg]38[min]18[sec].....................  93[deg]20[min]42[sec]
29[deg]37[min]32[sec].....................  93[deg]21[min]25[sec]
29[deg]32[min]57[sec].....................  93[deg]17[min]00[sec]
29[deg]31[min]08[sec].....................  93[deg]14[min]38[sec]
28[deg]39[min]02[sec].....................  93[deg]13[min]39[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]45[min]05[sec].....................  93[deg]20[min]03[sec]
29[deg]41[min]12[sec].....................  93[deg]19[min]37[sec]
29[deg]37[min]30[sec].....................  93[deg]18[min]15[sec]
29[deg]31[min]16[sec].....................  93[deg]12[min]16[sec]
28[deg]36[min]15[sec].....................  93[deg]11[min]15[sec]
------------------------------------------------------------------------

    (16) Calcasieu Pass Anchorage Areas--(i) CalcasieuPass North 
Anchorage Area. The area enclosed by rhumb lines joiningpoints at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]41[min]12[sec].....................  93[deg]19[min]37[sec]
29[deg]41[min]12[sec].....................  93[deg]12[min]28[sec]
29[deg]31[min]16[sec].....................  93[deg]12[min]16[sec]
29[deg]37[min]30[sec].....................  93[deg]18[min]15[sec]
------------------------------------------------------------------------


[[Page 841]]

    (ii) Calcasieu Pass South Anchorage Area. The areaenclosed by rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]59[min]30[sec].....................  93[deg]16[min]30[sec]
28[deg]59[min]30[sec].....................  93[deg]14[min]00[sec]
28[deg]56[min]00[sec].....................  93[deg]14[min]00[sec]
28[deg]56[min]00[sec].....................  93[deg]16[min]30[sec]
------------------------------------------------------------------------

    (17) Lower Mud Lake Safety Fairway. The area enclosed byrhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]43[min]24[sec].....................  93[deg]00[min]18[sec]
29[deg]42[min]00[sec].....................  93[deg]00[min]18[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]43[min]33[sec].....................  93[deg]00[min]48[sec]
29[deg]42[min]00[sec].....................  93[deg]00[min]48[sec]
------------------------------------------------------------------------

    (18) Freshwater Bayou Safety Fairway. The area between linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]31[min]59[sec].....................  92[deg]18[min]45[sec]
29[deg]31[min]10[sec].....................  92[deg]18[min]54[sec]
29[deg]31[min]13[sec].....................  92[deg]19[min]14[sec]
29[deg]27[min]44[sec].....................  92[deg]19[min]53[sec]
------------------------------------------------------------------------


and a line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]27[min]34[sec].....................  92[deg]18[min]45[sec]
29[deg]31[min]03[sec].....................  92[deg]18[min]06[sec]
29[deg]31[min]06[sec].....................  92[deg]18[min]26[sec]
29[deg]31[min]55[sec].....................  92[deg]18[min]17[sec]
------------------------------------------------------------------------

    (19) Southwest Pass Safety Fairway. The area between linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]34[min]48[sec].....................  92[deg]03[min]12[sec]
29[deg]30[min]48[sec].....................  92[deg]07[min]00[sec]
29[deg]23[min]30[sec].....................  92[deg]08[min]24[sec]
------------------------------------------------------------------------


and lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]34[min]24[sec].....................  92[deg]02[min]24[sec]
29[deg]30[min]24[sec].....................  92[deg]06[min]12[sec]
29[deg]23[min]24[sec].....................  92[deg]07[min]30[sec]
------------------------------------------------------------------------

    (20) Atchafalaya Pass Safety Fairway. The area between aline joining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]22[min]36[sec].....................  91[deg]23[min]28[sec]
29[deg]14[min]42[sec].....................  91[deg]30[min]28[sec]
------------------------------------------------------------------------


and a line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]14[min]05[sec].....................  91[deg]29[min]34[sec]
29[deg]21[min]59[sec].....................  91[deg]22[min]34[sec]
------------------------------------------------------------------------

    (21) Bayou Grand Caillou Safety Fairway. The area between aline 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]10[min]59[sec].....................  90[deg]57[min]26[sec]
29[deg]05[min]24[sec].....................  90[deg]58[min]10[sec]
29[deg]01[min]08[sec].....................  91[deg]00[min]44[sec]
------------------------------------------------------------------------


and a line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]00[min]40[sec].....................  90[deg]59[min]43[sec]
29[deg]05[min]06[sec].....................  90[deg]57[min]03[sec]
29[deg]09[min]46[sec].....................  90[deg]56[min]27[sec]
------------------------------------------------------------------------

    (22) Cat Island Pass Safety Fairway. The area between linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]05[min]57[sec].....................  90[deg]34[min]32[sec]
29[deg]04[min]56[sec].....................  90[deg]35[min]09[sec]
29[deg]03[min]14[sec].....................  90[deg]35[min]10[sec]
29[deg]03[min]14[sec].....................  90[deg]35[min]17[sec]
29[deg]01[min]24[sec].....................  90[deg]34[min]55[sec]
------------------------------------------------------------------------


and lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]06[min]00[sec].....................  90[deg]34[min]21[sec]
29[deg]05[min]31[sec].....................  90[deg]34[min]12[sec]
29[deg]03[min]13[sec].....................  90[deg]34[min]13[sec]
29[deg]03[min]13[sec].....................  90[deg]34[min]07[sec]
29[deg]01[min]34[sec].....................  90[deg]33[min]47[sec]
------------------------------------------------------------------------

    (23) Belle Pass Safety Fairway. The area between a linejoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]05[min]06[sec].....................  90[deg]14[min]07[sec]
29[deg]02[min]50[sec].....................  90[deg]14[min]46[sec]
------------------------------------------------------------------------


and a line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]02[min]56[sec].....................  90[deg]13[min]48[sec]
29[deg]05[min]06[sec].....................  90[deg]13[min]10[sec]
------------------------------------------------------------------------

    (24) Barataria Pass Safety Fairway. The area between a linejoining 
points at:

[[Page 842]]



------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]16[min]00[sec].....................  89[deg]57[min]00[sec]
29[deg]14[min]54[sec].....................  89[deg]55[min]48[sec]
------------------------------------------------------------------------


and a line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]16[min]30[sec].....................  89[deg]56[min]06[sec]
29[deg]15[min]18[sec].....................  89[deg]55[min]00[sec]
------------------------------------------------------------------------

    (25) Grand Bayou Pass Safety Fairway. The areas between aline 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]17[min]36[sec].....................  89[deg]41[min]36[sec]
29[deg]16[min]48[sec].....................  89[deg]42[min]12[sec]
------------------------------------------------------------------------


and a line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]17[min]18[sec].....................  89[deg]40[min]36[sec]
29[deg]16[min]18[sec].....................  89[deg]41[min]18[sec]
------------------------------------------------------------------------

    (26) Empire to the Gulf Safety Fairway. The area between aline 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]15[min]22[sec].....................  89[deg]36[min]55[sec]
29[deg]13[min]52[sec].....................  89[deg]37[min]15[sec]
------------------------------------------------------------------------


and a line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]13[min]24[sec].....................  89[deg]36[min]11[sec]
29[deg]14[min]54[sec].....................  89[deg]35[min]51[sec]
------------------------------------------------------------------------

    (27) Gulf Safety Fairway. Aransas Pass Safety Fairway toSouthwest 
Pass Safety Fairway. The areas between rhumb linesjoining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]33[min]06[sec].....................  96[deg]30[min]21[sec]
27[deg]33[min]15[sec].....................  96[deg]28[min]16[sec]
27[deg]33[min]33[sec].....................  96[deg]24[min]06[sec]
28[deg]00[min]36[sec].....................  90[deg]08[min]18[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]34[min]50[sec].....................  96[deg]34[min]01[sec]
27[deg]34[min]59[sec].....................  96[deg]31[min]56[sec]
27[deg]35[min]17[sec].....................  96[deg]27[min]46[sec]
27[deg]38[min]02[sec].....................  95[deg]49[min]39[sec]
27[deg]38[min]12[sec].....................  95[deg]47[min]19[sec]
27[deg]44[min]03[sec].....................  94[deg]26[min]12[sec]
27[deg]44[min]13[sec].....................  94[deg]23[min]57[sec]
27[deg]51[min]58[sec].....................  92[deg]36[min]20[sec]
27[deg]52[min]09[sec].....................  92[deg]33[min]40[sec]
28[deg]02[min]32[sec].....................  90[deg]09[min]28[sec]
------------------------------------------------------------------------

    (28) Southwest Pass (Mississippi River) SafetyFairway--(i) Southwest 
Pass (Mississippi River) to GulfSafety Fairway. The area enclosed by 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]54[min]33[sec].....................  89[deg]26[min]07[sec]
28[deg]52[min]42[sec].....................  89[deg]27[min]06[sec]
28[deg]50[min]00[sec].....................  89[deg]27[min]06[sec]
28[deg]02[min]32[sec].....................  90[deg]09[min]28[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]54[min]18[sec].....................  89[deg]25[min]46[sec]
28[deg]53[min]30[sec].....................  89[deg]25[min]18[sec]
28[deg]53[min]30[sec].....................  89[deg]23[min]48[sec]
28[deg]50[min]40[sec].....................  89[deg]24[min]48[sec]
28[deg]48[min]48[sec].....................  89[deg]24[min]48[sec]
28[deg]47[min]24[sec].....................  89[deg]26[min]30[sec]
28[deg]00[min]36[sec].....................  90[deg]08[min]18[sec]
------------------------------------------------------------------------

    (ii) Southwest Pass (Mississippi River) to Sea SafetyFairway. The 
area enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]54[min]33[sec].....................  89[deg]26[min]07[sec]
28[deg]52[min]42[sec].....................  89[deg]27[min]06[sec]
28[deg]50[min]00[sec].....................  89[deg]27[min]06[sec]
28[deg]47[min]24[sec].....................  89[deg]26[min]30[sec]
28[deg]36[min]28[sec].....................  89[deg]18[min]45[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]54[min]18[sec].....................  89[deg]25[min]46[sec]
28[deg]53[min]30[sec].....................  89[deg]25[min]18[sec]
28[deg]53[min]30[sec].....................  89[deg]23[min]48[sec]
28[deg]50[min]40[sec].....................  89[deg]24[min]48[sec]
28[deg]48[min]48[sec].....................  89[deg]24[min]48[sec]
28[deg]45[min]06[sec].....................  89[deg]22[min]12[sec]
28[deg]43[min]27[sec].....................  89[deg]21[min]01[sec]
28[deg]37[min]54[sec].....................  89[deg]17[min]06[sec]
------------------------------------------------------------------------

    (iii) Southwest Pass (Mississippi River) to South Pass(Mississippi 
River) Safety Fairway. The areas between rhumb linejoining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]45[min]06[sec].....................  89[deg]22[min]12[sec]
28[deg]55[min]56[sec].....................  89[deg]03[min]09[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]43[min]27[sec].....................  89[deg]21[min]01[sec]
28[deg]54[min]55[sec].....................  89[deg]00[min]44[sec]
------------------------------------------------------------------------

    (29) Southwest Pass (Mississippi River) Anchorage. The areaenclosed 
by rhumb lines joining points at:

[[Page 843]]



------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]53[min]30[sec].....................  89[deg]23[min]48[sec]
28[deg]53[min]30[sec].....................  89[deg]21[min]48[sec]
28[deg]55[min]06[sec].....................  89[deg]21[min]48[sec]
28[deg]55[min]06[sec].....................  89[deg]19[min]18[sec]
28[deg]52[min]41[sec].....................  89[deg]17[min]30[sec]
28[deg]50[min]40[sec].....................  89[deg]21[min]14[sec]
28[deg]50[min]40[sec].....................  89[deg]24[min]48[sec]
------------------------------------------------------------------------

    (30) South Pass (Mississippi River) SafetyFairway--(i) South Pass to 
Sea Safety Fairway. Theareas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]59[min]18[sec].....................  89[deg]08[min]30[sec]
28[deg]58[min]42[sec].....................  89[deg]07[min]30[sec]
28[deg]58[min]09[sec].....................  89[deg]08[min]30[sec]
28[deg]55[min]56[sec].....................  89[deg]03[min]09[sec]
28[deg]54[min]55[sec].....................  89[deg]00[min]44[sec]
28[deg]54[min]15[sec].....................  88[deg]59[min]00[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
East jetty light:
    28[deg]59[min]24[sec].................  89[deg]08[min]12[sec]
    29[deg]00[min]09[sec].................  89[deg]07[min]24[sec]
    29[deg]00[min]00[sec].................  89[deg]07[min]00[sec]
    28[deg]57[min]56[sec].................  89[deg]02[min]18[sec]
    28[deg]57[min]18[sec].................  89[deg]00[min]48[sec]
    28[deg]56[min]16[sec].................  88[deg]58[min]29[sec]
    28[deg]55[min]42[sec].................  88[deg]57[min]06[sec]
------------------------------------------------------------------------

    (ii) South Pass (Mississippi River) to Mississippi River-GulfOutlet 
Channel Safety Fairway. The areas between rhumb linesjoining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]57[min]18[sec].....................  89[deg]00[min]48[sec]
29[deg]04[min]18[sec].....................  88[deg]48[min]31[sec]
29[deg]24[min]35[sec].....................  88[deg]57[min]17[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]56[min]16[sec].....................  88[deg]58[min]29[sec]
29[deg]03[min]30[sec].....................  88[deg]45[min]42[sec]
29[deg]23[min]06[sec].....................  88[deg]54[min]11[sec]
29[deg]26[min]28[sec].....................  88[deg]55[min]39[sec]
------------------------------------------------------------------------

    (31) South Pass (Mississippi River) Anchorage. The areaswithin rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]00[min]00[sec].....................  89[deg]07[min]00[sec]
29[deg]03[min]36[sec].....................  89[deg]02[min]18[sec]
28[deg]57[min]56[sec].....................  89[deg]02[min]18[sec]
------------------------------------------------------------------------

    (32) Mississippi River-Gulf Outlet Safety Fairway. (i) Theareas 
between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]42[min]10[sec].....................  89[deg]25[min]49[sec]
29[deg]29[min]33[sec].....................  89[deg]07[min]47[sec]
29[deg]27[min]14[sec].....................  89[deg]03[min]20[sec]
29[deg]24[min]38[sec].....................  89[deg]00[min]00[sec]
29[deg]24[min]35[sec].....................  88[deg]57[min]17[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]42[min]29[sec].....................  89[deg]25[min]31[sec]
29[deg]29[min]53[sec].....................  89[deg]07[min]31[sec]
29[deg]27[min]01[sec].....................  89[deg]01[min]54[sec]
29[deg]26[min]38[sec].....................  88[deg]58[min]43[sec]
------------------------------------------------------------------------

    (ii) Mississippi River-Gulf Outlet Channel to Mobile ShipChannel 
Safety Fairway. The areas within rhumb lines joining pointsat:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]26[min]38[sec].....................  88[deg]58[min]43[sec]
29[deg]29[min]57[sec].....................  88[deg]54[min]48[sec]
29[deg]38[min]59[sec].....................  88[deg]44[min]04[sec]
29[deg]56[min]43[sec].....................  88[deg]20[min]50[sec]
29[deg]58[min]03[sec].....................  88[deg]19[min]05[sec]
30[deg]05[min]29[sec].....................  88[deg]09[min]19[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]26[min]28[sec].....................  88[deg]55[min]39[sec]
29[deg]27[min]54[sec].....................  88[deg]53[min]54[sec]
29[deg]37[min]32[sec].....................  88[deg]42[min]28[sec]
29[deg]55[min]14[sec].....................  88[deg]19[min]15[sec]
29[deg]56[min]34[sec].....................  88[deg]17[min]30[sec]
30[deg]03[min]50[sec].....................  88[deg]08[min]01[sec]
30[deg]05[min]15[sec].....................  88[deg]06[min]05[sec]
------------------------------------------------------------------------

    (33) Mississippi River-Gulf Outlet Anchorage. (i) The areaswithin 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]27[min]01[sec].....................  89[deg]01[min]54[sec]
29[deg]32[min]12[sec].....................  88[deg]55[min]42[sec]
29[deg]29[min]57[sec].....................  88[deg]54[min]48[sec]
29[deg]26[min]38[sec].....................  88[deg]58[min]43[sec]
------------------------------------------------------------------------

    (ii) The areas within rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]26[min]28[sec].....................  88[deg]55[min]39[sec]
29[deg]27[min]54[sec].....................  88[deg]53[min]54[sec]
29[deg]24[min]33[sec].....................  88[deg]52[min]27[sec]
29[deg]23[min]06[sec].....................  88[deg]54[min]11[sec]
------------------------------------------------------------------------

    (34) Gulfport Safety Fairway. The areas between rhumb linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]20[min]54[sec].....................  89[deg]05[min]36[sec]

[[Page 844]]

 
30[deg]13[min]56[sec].....................  88[deg]59[min]42[sec]
30[deg]11[min]09[sec].....................  88[deg]59[min]56[sec]
30[deg]06[min]45[sec].....................  88[deg]56[min]24[sec]
30[deg]05[min]42[sec].....................  88[deg]56[min]24[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]21[min]27[sec].....................  89[deg]04[min]38[sec]
30[deg]14[min]11[sec].....................  88[deg]58[min]29[sec]
30[deg]11[min]29[sec].....................  88[deg]58[min]45[sec]
30[deg]07[min]42[sec].....................  88[deg]55[min]37[sec]
------------------------------------------------------------------------

    (35) Biloxi Safety Fairway. The area between lines joiningpoints at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]24[min]06[sec].....................  88[deg]50[min]57[sec]
30[deg]23[min]15[sec].....................  88[deg]50[min]22[sec]
30[deg]21[min]11[sec].....................  88[deg]47[min]36[sec]
30[deg]20[min]13[sec].....................  88[deg]47[min]04[sec]
30[deg]15[min]06[sec].....................  88[deg]47[min]06[sec]
30[deg]13[min]09[sec].....................  88[deg]47[min]46[sec]
30[deg]12[min]23[sec].....................  88[deg]49[min]02[sec]
------------------------------------------------------------------------


and lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]24[min]27[sec].....................  88[deg]50[min]31[sec]
30[deg]23[min]57[sec].....................  88[deg]49[min]31[sec]
30[deg]21[min]42[sec].....................  88[deg]46[min]36[sec]
30[deg]20[min]25[sec].....................  88[deg]45[min]55[sec]
30[deg]14[min]57[sec].....................  88[deg]45[min]57[sec]
30[deg]12[min]56[sec].....................  88[deg]46[min]39[sec]
30[deg]12[min]00[sec].....................  88[deg]45[min]25[sec]
------------------------------------------------------------------------

    (36) Ship Island Pass to Horn Island Pass Safety Fairway.The areas 
between rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]05[min]42[sec].....................  88[deg]56[min]24[sec]
30[deg]06[min]38[sec].....................  88[deg]31[min]26[sec]
------------------------------------------------------------------------


and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]07[min]42[sec].....................  88[deg]55[min]37[sec]
30[deg]08[min]27[sec].....................  88[deg]36[min]57[sec]
------------------------------------------------------------------------

    (37) Pascagoula Safety Fairway. The areas between rhumblines joining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]20[min]46[sec].....................  88[deg]34[min]39[sec]
30[deg]20[min]21[sec].....................  88[deg]34[min]39[sec]
30[deg]17[min]00[sec].....................  88[deg]31[min]21[sec]
30[deg]12[min]59[sec].....................  88[deg]30[min]53[sec]
30[deg]11[min]50[sec].....................  88[deg]32[min]05[sec]
30[deg]08[min]27[sec].....................  88[deg]36[min]57[sec]
30[deg]06[min]38[sec].....................  88[deg]31[min]26[sec]
29[deg]56[min]43[sec].....................  88[deg]20[min]50[sec]
29[deg]55[min]14[sec].....................  88[deg]19[min]15[sec]
29[deg]20[min]00[sec].....................  87[deg]41[min]47[sec]
------------------------------------------------------------------------


and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]20[min]30[sec].....................  88[deg]33[min]18[sec]
30[deg]18[min]39[sec].....................  88[deg]31[min]25[sec]
------------------------------------------------------------------------


and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]20[min]26[sec].....................  188[deg]31[min]25[sec]
30[deg]18[min]39[sec].....................  188[deg]31[min]25[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]19[min]21[sec].....................  88[deg]30[min]12[sec]
30[deg]17[min]25[sec].....................  88[deg]30[min]12[sec]
30[deg]12[min]46[sec].....................  88[deg]29[min]42[sec]
30[deg]11[min]21[sec].....................  88[deg]31[min]00[sec]
30[deg]09[min]33[sec].....................  88[deg]29[min]48[sec]
30[deg]07[min]30[sec].....................  88[deg]29[min]09[sec]
29[deg]58[min]03[sec].....................  88[deg]19[min]05[sec]
29[deg]56[min]34[sec].....................  88[deg]17[min]30[sec]
29[deg]20[min]48[sec].....................  87[deg]39[min]31[sec]
------------------------------------------------------------------------

    (38) Horn Island Pass to Mobile Ship Channel Safety Fairway.The 
areas between rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]09[min]33[sec].....................  88[deg]29[min]48[sec]
30[deg]07[min]15[sec].....................  88[deg]06[min]54[sec]
------------------------------------------------------------------------


and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]07[min]30[sec].....................  88[deg]29[min]09[sec]
30[deg]05[min]29[sec].....................  88[deg]09[min]19[sec]
------------------------------------------------------------------------

    (39) Mobile Safety Fairway--(i) Mobile Ship ChannelSafety Fairway. 
The areas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]38[min]46[sec].....................  88[deg]03[min]24[sec]
30[deg]38[min]14[sec].....................  88[deg]02[min]42[sec]
30[deg]31[min]59[sec].....................  88[deg]02[min]00[sec]
30[deg]31[min]59[sec].....................  88[deg]04[min]59[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]31[min]00[sec].....................  88[deg]05[min]30[sec]
30[deg]31[min]00[sec].....................  88[deg]01[min]54[sec]
30[deg]26[min]55[sec].....................  88[deg]01[min]26[sec]
30[deg]16[min]35[sec].....................  88[deg]02[min]45[sec]
30[deg]14[min]09[sec].....................  88[deg]03[min]24[sec]
30[deg]10[min]36[sec].....................  88[deg]03[min]53[sec]
30[deg]08[min]10[sec].....................  88[deg]04[min]40[sec]

[[Page 845]]

 
30[deg]07[min]15[sec].....................  88[deg]06[min]54[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]39[min]55[sec].....................  88[deg]01[min]15[sec]
30[deg]37[min]06[sec].....................  88[deg]01[min]23[sec]
30[deg]26[min]11[sec].....................  88[deg]00[min]11[sec]
30[deg]16[min]18[sec].....................  88[deg]01[min]35[sec]
30[deg]13[min]52[sec].....................  88[deg]01[min]12[sec]
30[deg]13[min]14[sec].....................  88[deg]01[min]12[sec]
30[deg]10[min]36[sec].....................  88[deg]01[min]35[sec]
30[deg]08[min]04[sec].....................  88[deg]00[min]36[sec]
------------------------------------------------------------------------

    (ii) Mobile Ship Channel to Sea Safety Fairway. The areasbetween 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]05[min]15[sec].....................  88[deg]01[min]13[sec]
30[deg]03[min]50[sec].....................  88[deg]00[min]00[sec]
29[deg]25[min]46[sec].....................  87[deg]29[min]13[sec]
------------------------------------------------------------------------


and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]06[min]17[sec].....................  87[deg]59[min]15[sec]
29[deg]27[min]00[sec].....................  87[deg]27[min]18[sec]
------------------------------------------------------------------------

    (iii) Mobile to Pensacola Safety Fairway. The areas betweenrhumb 
line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]08[min]04[sec].....................  88[deg]00[min]36[sec]
30[deg]14[min]20[sec].....................  87[deg]19[min]05[sec]
------------------------------------------------------------------------


and rhumb line joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]06[min]17[sec].....................  87[deg]59[min]15[sec]
30[deg]12[min]31[sec].....................  87[deg]18[min]00[sec]
------------------------------------------------------------------------

    (40) Mobile Anchorage. The areas within rhumb lines joiningpoints 
at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]05[min]15[sec].....................  88[deg]06[min]05[sec]
30[deg]05[min]15[sec].....................  88[deg]01[min]13[sec]
30[deg]03[min]50[sec].....................  88[deg]00[min]00[sec]
30[deg]03[min]50[sec].....................  88[deg]08[min]01[sec]
------------------------------------------------------------------------

    (41) Pensacola Safety Fairway. The areas between rhumb linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]23[min]41[sec].....................  87[deg]14[min]34[sec]
30[deg]23[min]06[sec].....................  87[deg]13[min]53[sec]
30[deg]22[min]54[sec].....................  87[deg]13[min]53[sec]
30[deg]20[min]47[sec].....................  87[deg]15[min]45[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]18[min]43[sec].....................  87[deg]19[min]24[sec]
30[deg]15[min]57[sec].....................  87[deg]18[min]19[sec]
30[deg]14[min]20[sec].....................  87[deg]19[min]05[sec]
30[deg]12[min]31[sec].....................  87[deg]18[min]00[sec]
30[deg]10[min]03[sec].....................  87[deg]18[min]00[sec]
29[deg]37[min]00[sec].....................  87[deg]18[min]00[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]26[min]27[sec].....................  87[deg]08[min]28[sec]
30[deg]25[min]35[sec].....................  87[deg]10[min]30[sec]
------------------------------------------------------------------------


 and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]24[min]36[sec].....................  87[deg]07[min]07[sec]
30[deg]22[min]57[sec].....................  87[deg]09[min]38[sec]
30[deg]22[min]36[sec].....................  87[deg]11[min]50[sec]
30[deg]19[min]21[sec].....................  87[deg]14[min]46[sec]
30[deg]19[min]52[sec].....................  87[deg]17[min]31[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]19[min]15[sec].....................  87[deg]17[min]37[sec]
30[deg]16[min]28[sec].....................  87[deg]16[min]32[sec]
30[deg]14[min]32[sec].....................  87[deg]16[min]06[sec]
30[deg]12[min]33[sec].....................  87[deg]15[min]43[sec]
29[deg]42[min]30[sec].....................  87[deg]15[min]43[sec]
------------------------------------------------------------------------

    (42) Pensacola Anchorage. (i) The area within rhumb linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]11[min]49[sec].....................  87[deg]22[min]41[sec]
30[deg]12[min]31[sec].....................  87[deg]18[min]00[sec]
30[deg]10[min]03[sec].....................  87[deg]18[min]00[sec]
30[deg]09[min]21[sec].....................  87[deg]22[min]41[sec]
------------------------------------------------------------------------

    (ii) The area within rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]16[min]28[sec].....................  87[deg]16[min]32[sec]
30[deg]17[min]14[sec].....................  87[deg]11[min]52[sec]
30[deg]15[min]14[sec].....................  87[deg]11[min]52[sec]
30[deg]14[min]32[sec].....................  87[deg]16[min]06[sec]
------------------------------------------------------------------------

    (43) Pensacola to Panama City Safety Fairway. The areabetween rhumb 
lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]14[min]32[sec].....................  87[deg]16[min]06[sec]
30[deg]15[min]14[sec].....................  87[deg]11[min]52[sec]
30[deg]18[min]45[sec].....................  86[deg]50[min]00[sec]
30[deg]18[min]00[sec].....................  86[deg]20[min]00[sec]
29[deg]51[min]30[sec].....................  85[deg]47[min]33[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

[[Page 846]]



------------------------------------------------------------------------
               Latitude West                       Longitude West
------------------------------------------------------------------------
30[deg]12[min]33[sec].....................  87[deg]15[min]43[sec]
30[deg]16[min]44[sec].....................  86[deg]49[min]49[sec]
30[deg]16[min]01[sec].....................  86[deg]20[min]57[sec]
29[deg]48[min]45[sec].....................  85[deg]47[min]33[sec]
------------------------------------------------------------------------

    (44) Panama City Safety Fairways. The areas between rhumblines 
joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]09[min]24[sec].....................  85[deg]40[min]12[sec]
30[deg]09[min]21[sec].....................  85[deg]41[min]40[sec]
30[deg]07[min]36[sec].....................  85[deg]44[min]20[sec]
30[deg]06[min]32[sec].....................  85[deg]47[min]33[sec]
29[deg]51[min]30[sec].....................  85[deg]47[min]33[sec]
29[deg]48[min]45[sec].....................  85[deg]47[min]33[sec]
29[deg]03[min]30[sec].....................  85[deg]47[min]33[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]08[min]34[sec].....................  85[deg]40[min]16[sec]
30[deg]07[min]55[sec].....................  85[deg]41[min]50[sec]
30[deg]06[min]49[sec].....................  85[deg]43[min]28[sec]
30[deg]04[min]40[sec].....................  85[deg]45[min]15[sec]
29[deg]55[min]27[sec].....................  85[deg]45[min]15[sec]
29[deg]51[min]20[sec].....................  85[deg]45[min]15[sec]
29[deg]49[min]19[sec].....................  85[deg]45[min]15[sec]
29[deg]00[min]00[sec].....................  85[deg]45[min]15[sec]
------------------------------------------------------------------------

    (45) Panama City Anchorage. The area within rhumb linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]55[min]27[sec].....................  85[deg]45[min]15[sec]
29[deg]55[min]27[sec].....................  85[deg]42[min]25[sec]
29[deg]51[min]39[sec].....................  85[deg]42[min]25[sec]
29[deg]51[min]20[sec].....................  85[deg]45[min]15[sec]
------------------------------------------------------------------------

    (46) Port St. Joe Fairway to Panama City Fairway. The areabetween 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]49[min]54[sec].....................  85[deg]19[min]24[sec]
29[deg]50[min]59[sec].....................  85[deg]22[min]25[sec]
29[deg]53[min]32[sec].....................  85[deg]22[min]25[sec]
29[deg]54[min]12[sec].....................  85[deg]24[min]00[sec]
29[deg]54[min]12[sec].....................  85[deg]25[min]55[sec]
29[deg]52[min]58[sec].....................  85[deg]28[min]43[sec]
29[deg]53[min]00[sec].....................  85[deg]29[min]48[sec]
29[deg]51[min]39[sec].....................  85[deg]42[min]25[sec]
29[deg]51[min]20[sec].....................  85[deg]45[min]15[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]48[min]22[sec].....................  85[deg]18[min]12[sec]
29[deg]47[min]21[sec].....................  85[deg]21[min]00[sec]
29[deg]50[min]42[sec].....................  85[deg]23[min]31[sec]
29[deg]52[min]51[sec].....................  85[deg]23[min]36[sec]
29[deg]53[min]10[sec].....................  85[deg]24[min]18[sec]
29[deg]53[min]10[sec].....................  85[deg]25[min]33[sec]
29[deg]51[min]57[sec].....................  85[deg]28[min]19[sec]
29[deg]51[min]04[sec].....................  85[deg]29[min]00[sec]
29[deg]50[min]40[sec].....................  85[deg]32[min]39[sec]
29[deg]49[min]19[sec].....................  85[deg]45[min]15[sec]
------------------------------------------------------------------------

    (47) Port St. Joe Anchorage. The area within rhumb linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
29[deg]50[min]40[sec].....................  85[deg]32[min]39[sec]
29[deg]51[min]04[sec].....................  85[deg]29[min]00[sec]
29[deg]49[min]18[sec].....................  85[deg]30[min]18[sec]
------------------------------------------------------------------------

    (48) Tampa Safety Fairways. The area between rhumb linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]37[min]48[sec].....................  82[deg]45[min]54[sec]
27[deg]36[min]48[sec].....................  82[deg]55[min]54[sec]
27[deg]36[min]48[sec].....................  83[deg]00[min]00[sec]
27[deg]36[min]48[sec].....................  84[deg]39[min]10[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]35[min]54[sec].....................  82[deg]45[min]42[sec]
27[deg]34[min]48[sec].....................  82[deg]55[min]54[sec]
27[deg]34[min]48[sec].....................  83[deg]00[min]00[sec]
27[deg]34[min]48[sec].....................  84[deg]39[min]00[sec]
------------------------------------------------------------------------

    (49) Tampa Anchorages--(i) Eastern Tampa FairwayAnchorage. The area 
enclosed by rhumb lines [North American Datumof 1927 (NAD-27)] joining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]36[min]48[sec].....................  83[deg]00[min]00[sec]
27[deg]39[min]00[sec].....................  83[deg]00[min]00[sec]
27[deg]39[min]00[sec].....................  82[deg]55[min]54[sec]
27[deg]36[min]48[sec].....................  82[deg]55[min]54[sec]
------------------------------------------------------------------------

    (ii) Western Tampa Fairway Anchorage. The area enclosed byrhumb 
lines [North American Datum of 1927 (NAD-27)] joiningpoints at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
27[deg]36[min]48[sec].....................  83[deg]05[min]06[sec]
27[deg]39[min]00[sec].....................  83[deg]05[min]06[sec]
27[deg]39[min]00[sec].....................  83[deg]01[min]00[sec]
27[deg]36[min]48[sec].....................  83[deg]01[min]00[sec]
------------------------------------------------------------------------

    (50) Charlotte Safety Fairways. The area between rhumb linesjoining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]41[min]18[sec].....................  82[deg]19[min]00[sec]
25[deg]30[min]00[sec].....................  84[deg]22[min]00[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

[[Page 847]]



------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]40[min]19[sec].....................  82[deg]18[min]28[sec]
26[deg]38[min]30[sec].....................  82[deg]19[min]54[sec]
26[deg]39[min]00[sec].....................  82[deg]19[min]00[sec]
25[deg]28[min]00[sec].....................  84[deg]21[min]30[sec]
------------------------------------------------------------------------

    (51) Charlotte Anchorage. The area within rhumb linesjoining points 
at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
26[deg]39[min]00[sec].....................  82[deg]19[min]00[sec]
26[deg]38[min]12[sec].....................  82[deg]18[min]24[sec]
26[deg]37[min]36[sec].....................  82[deg]19[min]18[sec]
26[deg]38[min]30[sec].....................  82[deg]19[min]54[sec]
------------------------------------------------------------------------

    (52) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairwayto 
Safety Zone--(i) North of Gulf Safety Fairway. Thetwo mile wide area 
enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]48[min]36[sec].....................  89[deg]55[min]00[sec]
28[deg]48[min]14[sec].....................  89[deg]54[min]17[sec]
28[deg]45[min]47[sec].....................  89[deg]54[min]19[sec]
28[deg]36[min]06[sec].....................  89[deg]55[min]44[sec]
28[deg]18[min]30[sec].....................  89[deg]55[min]15[sec]
28[deg]20[min]58[sec].....................  89[deg]53[min]03[sec]
28[deg]36[min]09[sec].....................  89[deg]53[min]28[sec]
28[deg]49[min]07[sec].....................  89[deg]51[min]30[sec]
28[deg]50[min]20[sec].....................  89[deg]53[min]51[sec]
------------------------------------------------------------------------

    (ii) South of Gulf Safety Fairway. The two-mile-wide areaenclosed by 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]15[min]20[sec].....................  89[deg]55[min]10[sec]
27[deg]46[min]29[sec].....................  89[deg]54[min]23[sec]
27[deg]46[min]32[sec].....................  89[deg]52[min]08[sec]
28[deg]17[min]48[sec].....................  89[deg]52[min]58[sec]
------------------------------------------------------------------------

    (53) Heald Bank Cutoff Safety Fairway. The area enclosed byrhumb 
lines [North American Datum of 1927 (NAD-27)], joiningpoints at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
28[deg]57[min]15[sec].....................  94[deg]23[min]55[sec]
28[deg]51[min]30[sec].....................  93[deg]56[min]30[sec]
28[deg]48[min]30[sec].....................  93[deg]51[min]45[sec]
28[deg]55[min]15[sec].....................  94[deg]23[min]55[sec]
------------------------------------------------------------------------


[CGD 81-040, 47 FR 20581, May 13, 1982]

    Editorial Note: For Federal Register citationsaffecting Sec. 
166.200, see the List of CFR SectionsAffected, which appears in the 
printed volume and on GPO Access.



Sec. 166.300  Areas along the coast of California.

    (a) Purpose. Fairways as described in this section areestablished to 
control the erection of structures therein to providesafe vessel routes 
along the coast of California.
    (b) Designated Areas--(1) Port Hueneme SafetyFairway. An area one 
nautical mile in width centered on thealinement of Port Hueneme Entrance 
Channel and extending seaward fromthe 30-foot-depth curve for a distance 
of 1.5 nautical miles, thenceturning southerly and widening to 1.5 
nautical miles at the 3-milelimit, all between lines joining the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
34[deg]06[min]30[sec] N              119[deg]15[min]00[sec] W
34[deg]07[min]37[sec] N              119[deg]14[min]25[sec] W
34[deg]08[min]49[sec] N              119[deg]13[min]21[sec] W
------------------------------------------------------------------------

thence generally along the 30-foot-depth curve to theseaward end of the 
west entrance jetty; seaward end of the eastentrance jetty, thence 
generally along the 30-foot-depth curve to:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
34[deg]08[min]21[sec] N              119[deg]12[min]15[sec] W
34[deg]07[min]10[sec] N              119[deg]13[min]20[sec] W
34[deg]05[min]48[sec] N              119[deg]13[min]23[sec] W
------------------------------------------------------------------------

    (2) [Reserved]

[CGD 82-101, 48 FR 49019, Oct. 24, 1983]



Sec. 166.400  Areas along the coast of Alaska.

    (a) Purpose. Fairways, as described in this section, areestablished 
to control the erection of structures therein to providesafe vessel 
routes along the coast of Alaska.
    (b) Designated Areas--(1) Prince William SoundSafety Fairway--(i) 
Hinchinbrook Entrance Safety Fairway. Thearea enclosed by rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
59[deg]59[min]00[sec] N              145[deg]27[min]24[sec] W
60[deg]13[min]18[sec] N              146[deg]38[min]06[sec] W
60[deg]11[min]24[sec] N              146[deg]47[min]00[sec] W
59[deg]55[min]00[sec] N              145[deg]42[min]00[sec] W
------------------------------------------------------------------------

    (ii) Gulf to Hinchinbrook Safety Fairway (recommended forinbound 
vessel traffic). The area enclosed by rhumb lines joiningpoints at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
59[deg]15[min]42[sec] N              144[deg]02[min]07[sec] W
59[deg]59[min]00[sec] N              145[deg]27[min]24[sec] W
59[deg]58[min]00[sec] N              145[deg]32[min]12[sec] W

[[Page 848]]

 
59[deg]14[min]18[sec] N              144[deg]04[min]53[sec] W
------------------------------------------------------------------------

    (iii) Hinchinbrook to Gulf Safety Fairway (recommended foroutbound 
vessel traffic). The area enclosed by rhumb lines joiningpoints at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
59[deg]15[min]41[sec] N              144[deg]23[min]35[sec] W
59[deg]56[min]00[sec] N              145[deg]37[min]39[sec] W
59[deg]55[min]00[sec] N              145[deg]42[min]00[sec] W
59[deg]14[min]19[sec] N              144[deg]26[min]25[sec] W
------------------------------------------------------------------------

    (2) Unimak Pass Safety Fairway. (i) East/West SafetyFairway. The 
area enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
54[deg]25[min]58[sec] N              165[deg]42[min]24[sec] W
54[deg]22[min]50[sec] N              165[deg]06[min]54[sec] W
54[deg]22[min]10[sec] N              164[deg]59[min]29[sec] W
54[deg]07[min]58[sec] N              162[deg]19[min]25[sec] W
54[deg]04[min]02[sec] N              162[deg]20[min]35[sec] W
54[deg]22[min]02[sec] N              165[deg]43[min]36[sec] W
------------------------------------------------------------------------

    (ii) North/South Safety Fairway. The area enclosed by rhumblines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
54[deg]42[min]28[sec] N              165[deg]16[min]19[sec] W
54[deg]43[min]32[sec] N              165[deg]09[min]41[sec] W
54[deg]22[min]50[sec] N              165[deg]06[min]54[sec] W
54[deg]22[min]10[sec] N              164[deg]59[min]29[sec] W
------------------------------------------------------------------------


[CGD 81-103, 51 FR 43349, Dec. 2, 1986]



Sec. 166.500  Areas along the Atlantic Coast.

    (a) Purpose. Fairways, as described in this section areestablished 
to control the erection of structures therein to providesafe vessel 
routes along the Atlantic Coast.
    (b) Designated Areas--(1) Off New York ShippingSafety Fairway. (i) 
Ambrose to Nantucket Safety Fairway. The areaenclosed by rhumb lines, 
[North American Datum of 1927(NAD-27)] joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]32[min]20[sec] N              73[deg]04[min]57[sec] W
40[deg]30[min]58[sec] N              72[deg]58[min]25[sec] W
40[deg]34[min]07[sec] N              70[deg]19[min]23[sec] W
40[deg]35[min]37[sec] N              70[deg]14[min]09[sec] W
40[deg]30[min]37[sec] N              70[deg]14[min]00[sec] W
40[deg]32[min]07[sec] N              70[deg]19[min]19[sec] W
40[deg]28[min]58[sec] N              72[deg]58[min]25[sec] W
40[deg]27[min]20[sec] N              73[deg]04[min]57[sec] W
------------------------------------------------------------------------

    (ii) Nantucket to Ambrose Safety Fairway. The area enclosedby rhumb 
lines, NAD-27, joining point at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
28[deg]54[min]33[sec] N              89[deg]26[min]07[sec] W
40[deg]24[min]20[sec] N              73[deg]04[min]58[sec] W
40[deg]22[min]58[sec] N              72[deg]58[min]26[sec] W
40[deg]26[min]07[sec] N              70[deg]19[min]09[sec] W
40[deg]27[min]37[sec] N              70[deg]13[min]46[sec] W
40[deg]22[min]37[sec] N              70[deg]13[min]36[sec] W
40[deg]24[min]07[sec] N              70[deg]19[min]05[sec] W
40[deg]20[min]58[sec] N              72[deg]58[min]26[sec] W
40[deg]19[min]20[sec] N              73[deg]04[min]58[sec] W
------------------------------------------------------------------------


[CGD 84-004, 52 FR 33589, Sept. 4, 1987; 52 FR 36248,Sept. 28, 1987]



PART 167_OFFSHORE TRAFFIC SEPARATION SCHEMES--Table of Contents




                            Subpart A_General

Sec.
167.1 Purpose.
167.3 Geographic coordinates.
167.5 Definitions.
167.10 Operating rules.
167.15 Modification of schemes.

  Subpart B_Description of Traffic Separation Schemes andPrecautionary 
                                  Areas

                           Atlantic East Coast

167.150 Off New York Traffic Separation Scheme: General.
167.151 Off New York: Precautionary areas.
167.152 Off New York: Eastern approach, off Nantucket.
167.153 Off New York: Eastern approach, off Ambrose Light.
167.154 Off New York: South-eastern approach.
167.155 Off New York: Southern approach.
167.170 Off Delaware Bay Approach Traffic Separation Scheme:General.
167.171 Off Delaware Bay: Eastern approach.
167.172 Off Delaware Bay: Southeastern approach.
167.173 Off Delaware Bay: Two-Way Traffic Route.
167.174 Off Delaware Bay: Precautionary area.
167.200 In the approaches to Chesapeake Bay TrafficSeparation Scheme: 
          General.
167.201 In the approaches to Chesapeake Bay: Precautionaryarea.
167.202 In the approaches to Chesapeake Bay: Easternapproach.
167.203 In the approaches to Chesapeake Bay: Southernapproach.

[[Page 849]]

                           Atlantic Gulf Coast

167.350 In the approaches to Galveston Bay TrafficSeparation Scheme and 
          precautionary areas.

                           Pacific West Coast

167.400 Off San Francisco Traffic Separation Scheme:General.
167.401 Off San Francisco: Precautionary area.
167.402 Off San Francisco: Northern approach.
167.403 Off San Francisco: Southern approach.
167.404 Off San Francisco: Western approach.
167.405 Off San Francisco: Main ship channel.
167.406 Off San Francisco: Area to be avoided.
167.450 In the Santa Barbara Channel Traffic SeparationScheme: General.
167.451 In the Santa Barbara Channel: Between Point Vicenteand Point 
          Conception.
167.452 In the Santa Barbara Channel: Between PointConception and Point 
          Arguello.
167.500 In the approaches to Los Angeles-Long Beach TrafficSeparation 
          Scheme: General.
167.501 In the approaches to Los Angeles/Long Beach:Precautionary area.
167.502 In the approaches to Los Angeles-Long Beach: Westernapproach.
167.503 In the approaches to Los Angeles-Long Beach TSS:Southern 
          approach.
167.1700 In Prince William Sound: General.
167.1701 In Prince William Sound: Precautionary areas.
167.1702 In Prince William Sound: Prince William SoundTraffic
167.1703 In Prince William Sound: Valdez Arm TrafficSeparation Scheme.

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.

    Source: CGD 81-080, 48 FR 36456, Aug. 11, 1983,unless otherwise 
noted.



                            Subpart A_General



Sec. 167.1  Purpose.

    The purpose of the regulations in this part is to establish 
anddesignate traffic separation schemes and precautionary areas 
toprovide access routes for vessels proceeding to and from U.S. ports.



Sec. 167.3  Geographic coordinates.

    Geographic coordinates are defined using North American 1927 
Datum(NAD 27) unless indicated otherwise.

[CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.5  Definitions.

    (a) Area to be avoided means a routing measure comprising anarea 
within defined limits in which either navigation is 
particularlyhazardous or it is exceptionally important to avoid 
casualties andwhich should be avoided by all ships or certain classes of 
ships.
    (b) Traffic separation scheme (TSS) means a designatedrouting 
measure which is aimed at the separation of opposing streamsof traffic 
by appropriate means and by the establishment of trafficlanes.
    (c) Traffic lane means an area within defined limits inwhich one-way 
traffic is established. Natural obstacles, includingthose forming 
separation zones, may constitute a boundary.
    (d) Separation zone or line means a zone or line separatingthe 
traffic lanes in which ships are proceeding in opposite or 
nearlyopposite directions; or separating a traffic lane from the 
adjacentsea area; or separating traffic lanes designated for 
particularclasses of ships proceeding in the same direction.
    (e) Precautionary area means a routing measure comprising anarea 
within defined limits where ships must navigate with particularcaution 
and within which the direction of traffic flow may berecommended.
    (f) Deep-water route means an internationally recognizedrouting 
measure primarily intended for use by ships that, because oftheir draft 
in relation to the available depth of water in the areaconcerned, 
require the use of such a route.
    (g) Two-way route means a route within defined limits insidewhich 
two-way traffic is established, aimed at providing safe passageof ships 
through waters where navigation is difficult or dangerous.

[CGD 81-080, 48 FR 36456, Aug. 11, 1983; 49 FR 15548,Apr. 19, 1984, as 
amended by CGD 90-039, 59 FR 21937, Apr. 28,1994; CGD 97-004, 65 FR 
12945, Mar. 10, 2000;USCG-1999-5700, 65 FR 46605, July 31, 2000]

[[Page 850]]



Sec. 167.10  Operating rules.

    The operator of a vessel in a TSS shall comply with Rule 10 of 
theInternational Regulations for Preventing Collisions at Sea, 1972, 
asamended.



Sec. 167.15  Modification of schemes.

    (a) A traffic separation scheme or precautionary area described 
inthis Part may be permanently amended in accordance with 33 U.S.C. 
1223(92 Stat. 1473), and with international agreements.
    (b) A traffic separation scheme or precautionary area in this 
Partmay be temporarily adjusted by the Commandant of the Coast Guard in 
anemergency, or to accommodate operations which would create an 
unduehazard for vessels using the scheme or which would contravene Rule 
10of the International Regulations for Preventing Collisions at 
Sea,1972. Adjustment may be in the form of a temporary traffic lane 
shift,a temporary suspension of a section of the scheme, a 
temporaryprecautionary area overlaying a lane, or other appropriate 
measure.Adjustments will only be made where, in the judgment of the 
CoastGuard, there is no reasonable alternative means of conducting 
anoperation and navigation safety will not be jeopardized by 
theadjustment. Notice of adjustments will be made in the 
appropriateNotice to Mariners and in the Federal Register. Requests 
bymembers of the public for temporary adjustments to traffic 
separationschemes must be submitted 150 days prior to the time the 
adjustment isdesired. Such Requests, describing the interference that 
wouldotherwise occur to a TSS, should be submitted to the 
DistrictCommander of the Coast Guard District in which the TSS is 
located.



  Subpart B_Description of Traffic Separation Schemes andPrecautionary 
                                  Areas

                           Atlantic East Coast

    Source: CGD 84-004, 52 FR 33589, Sept. 4, 1987,unless otherwise 
noted.



Sec. 167.150  Off New York Traffic Separation Scheme: General.

    The specific areas in the Off New York Traffic Separation Schemeand 
Precautionary Areas are described inSec. Sec. 167.151, 167.152, 
167.153, 167.154, and 167.155of this chapter.

[CGD 84-004, 52 FR 33589, Sept. 4, 1987]



Sec. 167.151  Off New York: Precautionary areas.

    (a) A circular precautionary area with a radius of seven miles 
isestablished centered upon Ambrose Light in geographical 
position40[deg]27.50[min] N,73[deg]49.90[min] W.
    (b) A precautionary area is established between the 
trafficseparation scheme ``Eastern Approach, off Nantucket'' andthe 
traffic separation scheme ``In the Approach to Boston,Massachusetts.'' 
(1) The precautionary area is bounded to theeast by a circle of radius 
15.5 miles, centered upon geographicalposition 40[deg]35.00[min] N, 
69[deg]00.00[min] W, and isintersected by the traffic separation schemes 
``In the Approachto Boston, Massachusetts'' and ``Off New York'' atthe 
following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]50.33[min] N                  68[deg]57.00[min] W
   40[deg]23.75[min] N                  69[deg]14.63[min] W
------------------------------------------------------------------------

    (2) The precautionary area is bounded to the west by a 
lineconnecting the two traffic separation schemes between the 
followinggeographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]36.75[min] N                  68[deg]15.16[min] W
   40[deg]48.00[min] N                  69[deg]03.33[min] W
------------------------------------------------------------------------


[CGD 84-004, 52 FR 33589, Sept. 4, 1987]



Sec. 167.152  Off New York: Eastern approach, off Nantucket.

    (a) A separation zone is established bounded by a line connectingthe 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]28.75[min] N                  69[deg]14.83[min] W
   40[deg]27.62[min] N                  70[deg]13.77[min] W
   40[deg]30.62[min] N                  70[deg]14.00[min] W
   40[deg]31.75[min] N                  69[deg]14.97[min] W
------------------------------------------------------------------------


[[Page 851]]

    (b) A traffic lane for westbound traffic is establishedbetween the 
separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]36.75[min] N                  69[deg]15.17[min] W
   40[deg]35.62[min] N                  70[deg]14.15[min] W
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]22.62[min] N                  70[deg]13.60[min] W
   40[deg]23.75[min] N                  69[deg]14.63[min] W
------------------------------------------------------------------------


[CGD 84-004, 52 FR 33589, Sept. 4, 1987]



Sec. 167.153  Off New York: Eastern approach, off Ambrose Light.

    (a) A separation zone is established bounded by a line connectingthe 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]24.33[min] N                  73[deg]04.97[min] W
   40[deg]24.20[min] N                  73[deg]11.50[min] W
   40[deg]26.00[min] N                  73[deg]40.93[min] W
   40[deg]27.00[min] N                  73[deg]40.75[min] W
   40[deg]27.20[min] N                  73[deg]11.50[min] W
   40[deg]27.33[min] N                  73[deg]04.95[min] W
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]32.33[min] N                  73[deg]04.95[min] W
   40[deg]32.20[min] N                  73[deg]11.50[min] W
   40[deg]28.00[min] N                  73[deg]40.73[min] W
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]25.05[min] N                  73[deg]41.32[min] W
   40[deg]19.20[min] N                  73[deg]11.50[min] W
   40[deg]19.33[min] N                  73[deg]04.97[min] W
------------------------------------------------------------------------


[CGD 84-004, 52 FR 33589, Sept. 4, 1987]



Sec. 167.154  Off New York: South-eastern approach.

    (a) A separation zone is established bounded by a line connectingthe 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]03.10[min] N                  73[deg]17.93[min] W
   40[deg]06.50[min] N                  73[deg]22.73[min] W
   40[deg]22.45[min] N                  73[deg]43.55[min] W
   40[deg]23.20[min] N                  73[deg]42.70[min] W
   40[deg]08.72[min] N                  73[deg]20.10[min] W
   40[deg]05.32[min] N                  73[deg]15.28[min] W
------------------------------------------------------------------------

    (b) A traffic lane for north-westbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]08.98[min] N                  73[deg]10.87[min] W
   40[deg]12.42[min] N                  73[deg]15.67[min] W
   40[deg]24.02[min] N                  73[deg]41.97[min] W
------------------------------------------------------------------------

    (c) A traffic lane for south-eastbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]21.82[min] N                  73[deg]44.55[min] W
   40[deg]02.80[min] N                  73[deg]27.15[min] W
   39[deg]59.43[min] N                  73[deg]22.35[min] W
------------------------------------------------------------------------


[CGD 84-004, 52 FR 33589, Sept. 4, 1987, as amended byCGD 97-023, 62 FR 
33365, June 19, 1997]



Sec. 167.155  Off New York: Southern approach.

    (a) A separation zone is established bounded by a line connectingthe 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   39[deg]45.70[min] N                  73[deg]48.00[min] W
   40[deg]20.63[min] N                  73[deg]48.33[min] W
   40[deg]20.87[min] N                  73[deg]47.07[min] W
   39[deg]45.70[min] N                  73[deg]44.00[min] W
------------------------------------------------------------------------

    (b) A traffic lane for northbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   39[deg]45.70[min] N                  73[deg]37.70[min] W
   40[deg]21.25[min] N                  73[deg]45.85[min] W
------------------------------------------------------------------------

    (c) A traffic lane for southbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   40[deg]20.53[min] N                  73[deg]49.65[min] W
   39[deg]45.70[min] N                  73[deg]54.40[min] W
------------------------------------------------------------------------


[[Page 852]]

    Note: Use of LORAN C enables masters of appropriatelyequipped 
vessels to be informed highly accurately and continuouslyabout the 
vessel's position in the area covered by this scheme.

[CGD 84-004, 52 FR 33589, Sept. 4, 1987]



Sec. 167.170  Off Delaware Bay Approach Traffic Separation Scheme: General.

    The Off Delaware Bay Approach Traffic Separation Scheme consistsof 
four parts: an Eastern Approach, a Southeastern Approach, a Two-
WayTraffic Route, and a Precautionary Area. The specific areas in the 
OffDelaware Bay Approach Traffic Separation Scheme and Precautionary 
Areaare described in Sec. Sec. 167.171 through 167.174.

[CGD 97-004, 65 FR 12945, Mar. 10, 2000]



Sec. 167.171  Off Delaware Bay: Eastern approach.

    (a) A separation zone is established bounded by a line connectingthe 
following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]46.30[min] N                  74[deg]34.45[min] W
   38[deg]46.33[min] N                  74[deg]55.75[min] W
   38[deg]47.45[min] N                  74[deg]55.40[min] W
   38[deg]47.35[min] N                  74[deg]34.50[min] W
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established betweenthe 
separation zone and a line connecting the following geographicpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]48.32[min] N                  74[deg]55.30[min] W
   38[deg]49.80[min] N                  74[deg]34.60[min] W
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established betweenthe 
separation zone and a line connecting the following geographicpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]45.45[min] N                  74[deg]56.20[min] W
   38[deg]44.45[min] N                  74[deg]34.35[min] W
------------------------------------------------------------------------


[CGD 97-004, 65 FR 12945, Mar. 10, 2000]



Sec. 167.172  Off Delaware Bay: Southeastern approach.

    (a) A separation zone is established bounded by a line connectingthe 
following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]27.00[min] N                  74[deg]42.30[min] W
   38[deg]43.40[min] N                  74[deg]58.00[min] W
   38[deg]44.20[min] N                  74[deg]57.20[min] W
   38[deg]27.60[min] N                  74[deg]41.30[min] W
------------------------------------------------------------------------

    (b) A traffic lane for north-westbound traffic is establishedbetween 
separation zone and a line connecting the following geographicpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]28.80[min] N                  74[deg]39.30[min] W
   38[deg]45.10[min] N                  74[deg]56.60[min] W
------------------------------------------------------------------------

    (c) A traffic lane for south-eastbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographic 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]42.80[min] N                  74[deg]58.90[min] W
   38[deg]27.00[min] N                  74[deg]45.40[min] W
------------------------------------------------------------------------


[CGD 97-004, 65 FR 12945, Mar. 10, 2000]



Sec. 167.173  Off Delaware Bay: Two-Way Traffic Route.

    The Two-Way Traffic Route is recommended for use predominantly bytug 
and tow traffic transiting to and from the northeast in order toseparate 
such traffic from large, inbound vessel traffic.
    (a) The Two-Way Traffic Route is bounded on the west and south bya 
line connecting the following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]50.75[min] N                  75[deg]03.40[min] W
   38[deg]47.50[min] N                  75[deg]01.80[min] W
   38[deg]48.32[min] N                  74[deg]55.30[min] W
   38[deg]50.20[min] N                  74[deg]49.73[min] W
   39[deg]00.00[min] N                  74[deg]40.23[min] W
------------------------------------------------------------------------

    (b) The two-way traffic route is bounded on the east and north bya 
line connecting the following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   39[deg]00.00[min] N                  74[deg]41.00[min] W
   38[deg]50.48[min] N                  74[deg]50.30[min] W
   38[deg]48.80[min] N                  74[deg]55.25[min] W
   38[deg]48.33[min] N                  74[deg]59.30[min] W
   38[deg]49.10[min] N                  75[deg]01.65[min] W
   38[deg]51.27[min] N                  75[deg]02.83[min] W
------------------------------------------------------------------------


[CGD 97-004, 65 FR 12945, Mar. 10, 2000]

[[Page 853]]



Sec. 167.174  Off Delaware Bay: Precautionary area.

    A precautionary area is established as follows: 
from38[deg]42.80[min] N, 74[deg]58.90[min] W; then northerly by an arcof 
eight nautical miles centered at 38[deg]48.90[min] N,75[deg]05.60[min] W 
to 38[deg]48.32[min] N, 74[deg]55.30[min] W;then westerly to 
38[deg]47.50[min] N, 75[deg]01.80[min] W; thennortherly to 
38[deg]50.75[min] N, 75[deg]03.40[min] W; thennortheasterly to 
38[deg]51.27[min] N, 75[deg]02.83[min] W; thennortherly to 
38[deg]54.80[min] N, 75[deg]01.60[min] W; thenwesterly by an arc of 6.7 
nautical miles centered at38[deg]48.90[min] N, 75[deg]05.60[min] W to 
38[deg]55.53[min] N,75[deg]05.87[min] W; then southwesterly to 
38[deg]54.00[min] N,75[deg]08.00[min] W; then southerly to 
38[deg]46.60[min] N,75[deg]03.55[min] W; then southeasterly to 
38[deg]42.80[min] N,74[deg]58.90[min] W.
    Datum: NAD 83.

[CGD 97-004, 65 FR 12946, Mar. 10, 2000]



Sec. 167.200  In the approaches to Chesapeake Bay Traffic Separation Scheme:General.

    (a) The traffic separation scheme in the approaches to ChesapeakeBay 
consists of three parts: a Precautionary Area, an EasternApproach, and a 
Southern Approach. The Southern Approach consists ofinbound and outbound 
lanes for vessels drawing 13.5 meters (45 feet)of fresh water or less, 
separated by a deep-water (DW) route forinbound and outbound vessels 
with drafts exceeding 13.5 meters (45feet) in fresh water and for naval 
aircraft carriers. Each part isdefined geographically, using North 
American Datum 1983 (NAD 83), inSec. Sec. 167.201, 167.202, 167.203.
    (b) All vessels approaching the Traffic Separation Scheme in 
theApproaches to Chesapeake Bay should use the appropriate inbound 
oroutbound traffic lane.

[CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.201  In the approaches to Chesapeake Bay: Precautionary area.

    A precautionary area is established bounded by a circle with atwo-
mile radius, centered on the following geographic position:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   36[deg]56.14[min] N                  75[deg]57.43[min] W
------------------------------------------------------------------------


[CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.202  In the approaches to Chesapeake Bay: Eastern approach.

    (a) A separation line is established connecting the 
followinggeographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   36[deg]58.66[min] N                  75[deg]48.63[min] W
   36[deg]56.79[min] N                  75[deg]55.08[min] W
------------------------------------------------------------------------

    (b) An inbound traffic lane is established between the 
separationline and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   36[deg]59.14[min] N                  75[deg]48.88[min] W
   36[deg]57.24[min] N                  75[deg]55.34[min] W
------------------------------------------------------------------------

    (c) An outbound traffic lane is established between the 
separationline and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   36[deg]56.29[min] N                  75[deg]54.93[min] W
   36[deg]58.18[min] N                  75[deg]48.48[min] W
------------------------------------------------------------------------


[CGD 90-039, 59 FR 21937, Apr. 28, 1994]



Sec. 167.203  In the approaches to Chesapeake Bay: Southern approach.

    (a) An inbound traffic lane is established between separationlines 
running through the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   36[deg]50.33[min] N                  75[deg]46.29[min] W
   36[deg]52.90[min] N                  75[deg]51.52[min] W
   36[deg]55.96[min] N                  75[deg]54.97[min] W
   36[deg]55.11[min] N                  75[deg]55.23[min] W
   36[deg]52.35[min] N                  75[deg]52.12[min] W
   36[deg]49.70[min] N                  75[deg]46.80[min] W
------------------------------------------------------------------------

    (b) An outbound traffic lane is established between separationlines 
running through the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   36[deg]49.52[min] N                  75[deg]46.94[min] W
   36[deg]52.18[min] N                  75[deg]52.29[min] W
   36[deg]54.97[min] N                  75[deg]55.43[min] W
   36[deg]54.44[min] N                  75[deg]56.09[min] W
   36[deg]51.59[min] N                  75[deg]52.92[min] W
   36[deg]48.87[min] N                  75[deg]47.42[min] W
------------------------------------------------------------------------

    (c) A deep-water route is established between lines runningthrough 
the following geographical positions:

[[Page 854]]



------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   36[deg]55.11[min] N                  75[deg]55.23[min] W
   36[deg]52.35[min] N                  75[deg]52.12[min] W
   36[deg]49.70[min] N                  75[deg]46.80[min] W
   36[deg]49.52[min] N                  75[deg]46.94[min] W
   36[deg]52.18[min] N                  75[deg]52.29[min] W
   36[deg]54.97[min] N                  75[deg]55.43[min] W
------------------------------------------------------------------------

    (d) The following vessels should use the deep-water routeestablished 
in paragraph (c) of this section when bound for ChesapeakeBay from sea 
or to sea from Chesapeake Bay:
    (1) Deep draft vessels (drafts greater than 13.5 meters/45 feet 
infresh water).
    (2) Naval aircraft carriers.
    (e) It is recommended that a vessel using the deep-water 
routeestablished in paragraph (c) of this section--
    (1) Announce its intention on VHF-FM Channel 16 as it 
approachesChesapeake Bay Southern Approach Lighted Whistle Buoy CB on 
the southend, or Chesapeake Bay Junction Lighted Buoy CBJ on the north 
end ofthe route;
    (2) Avoid, as far as practicable, overtaking other vesselsoperating 
in the deep-water route; and
    (3) Keep as near to the outer limit of the route which lies on 
thevessel's starboard side as is safe and practicable.
    (f) Vessels other than those listed in paragraph (d) of thissection 
should not use the deep-water route.

[CGD 90-039, 59 FR 21937, Apr. 28, 1994, as amended by59 FR 28449, June 
1, 1994]

                           Atlantic Gulf Coast



Sec. 167.350  In the approaches to Galveston Bay Traffic Separation Scheme andprecautionary areas.

    (a) An inshore precautionary area bounded by a line connecting 
thefollowing geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
(1) 29[deg]18.10[min] N                 94[deg]39.20[min] W
(2) 29[deg]16.10[min] N                 94[deg]37.00[min] W
(3) 29[deg]18.00[min] N                 94[deg]34.90[min] W
(4) 29[deg]19.40[min] N                 94[deg]37.10[min] W
(5) 29[deg]19.80[min] N                 94[deg]38.10[min] W
------------------------------------------------------------------------

    (b) A traffic separation zone bounded by a line connecting 
thefollowing geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
(6) 29[deg]17.13[min] N                 94[deg]35.86[min] W
(7) 29[deg]09.55[min] N                 94[deg]25.80[min] W
(8) 29[deg]09.41[min] N                 94[deg]25.95[min] W
(9) 29[deg]17.00[min] N                 94[deg]36.00[min] W
------------------------------------------------------------------------

    (c) A traffic lane for inbound (northwesterly heading) traffic 
isestablished between the separation zone and a line connecting 
thefollowing geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
(3) 29[deg]18.00[min] N                 94[deg]34.90[min] W
(10) 29[deg]11.20[min] N                94[deg]24.00[min] W
------------------------------------------------------------------------

    (d) A traffic lane for outbound (southeasterly heading) traffic 
isestablished between the separation zone and line connecting 
thefollowing geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
(2) 29[deg]16.10[min] N                 94[deg]37.00[min] W
(11) 29[deg]07.70[min] N                94[deg]27.80[min] W
------------------------------------------------------------------------

    (e) An offshore precautionary area bounded by a line connectingthe 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
(11) 29[deg]07.70[min] N                94[deg]27.80[min] W
(12) 29[deg]06.40[min] N                94[deg]26.20[min] W
(13) 29[deg]06.40[min] N                94[deg]23.90[min] W
(14) 29[deg]09.10[min] N                94[deg]20.60[min] W
(10) 29[deg]11.20[min] N                94[deg]24.00[min] W
------------------------------------------------------------------------

    Note: A pilot boarding area is located near the center ofthe inshore 
precautionary area. Due to heavy vessel traffic, marinersare advised not 
to anchor or linger in this precautionary area exceptto pick up or 
disembark a pilot.

[CGD 81-080, 48 FR 36456, Aug. 11, 1983. Redesignatedby CGD 84-004, 52 
FR 33589, Sept. 4, 1987; CGD 89-019,54 FR 28062, July 5, 1989; 54 FR 
51972, Dec. 19, 1989]

                           Pacific West Coast

    Source: USCG-1999-5700, 65 FR 46605, July31, 2000, unless otherwise 
noted.



Sec. 167.400  Off San Francisco Traffic Separation Scheme: General.

    The Off San Francisco Traffic Separation Scheme consists of 
sixparts: a Precautionary Area, a Northern Approach, a Southern 
Approach,a Western Approach, a Main Ship Channel, and an Area To Be 
Avoided.The specific areas in the Off San Francisco

[[Page 855]]

TSS and PrecautionaryArea are described in Sec. Sec. 167.401 through 
167.406 ofthis chapter. The geographic coordinates inSec. Sec. 167.401 
through 167.406 are defined using NorthAmerican Datum 1983 (NAD 83).



Sec. 167.401  Off San Francisco: Precautionary area.

    (a)(1) A precautionary area is established bounded to the west byan 
arc of a circle with a radius of 6 miles centering upongeographical 
position 37[deg]45.00[min] N, 122[deg]41.50[min] Wand connecting the 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]42.70[min] N                122[deg]34.60[min] W.
   37[deg]50.30[min] N                122[deg]38.00[min] W.
------------------------------------------------------------------------

    (2) The precautionary area is bounded to the east by a 
lineconnecting the following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]42.70[min] N                122[deg]34.60[min] W.
   37[deg]45.90[min] N                122[deg]38.00[min] W.
   37[deg]50.30[min] N                 122[deg]38.00[min] W
------------------------------------------------------------------------

    (b) A pilot boarding area is located near the center of 
theprecautionary area described in paragraph (a) of this section. Due 
toheavy vessel traffic, mariners are advised not to anchor or linger 
inthis precautionary area except to pick up or disembark a pilot.



Sec. 167.402  Off San Francisco: Northern approach.

    (a) A separation zone is bounded by a line connecting thefollowing 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]48.40[min] N                 122[deg]47.60[min] W
   37[deg]56.70[min] N                 123[deg]03.70[min] W
   37[deg]55.20[min] N                 123[deg]04.90[min] W
   37[deg]47.70[min] N                 122[deg]48.20[min] W
------------------------------------------------------------------------

    (b) A traffic lane for north-westbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]49.20[min] N                122[deg]46.70[min] W.
   37[deg]58.00[min] N                123[deg]02.70[min] W.
------------------------------------------------------------------------

    (c) A traffic lane for south-eastbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]53.90[min] N                123[deg]06.10[min] W.
   37[deg]46.70[min] N                122[deg]48.70[min] W.
------------------------------------------------------------------------



Sec. 167.403  Off San Francisco: Southern approach.

    (a) A separation zone is bounded by a line connecting thefollowing 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]39.10[min] N                122[deg]40.40[min] W.
   37[deg]27.00[min] N                122[deg]40.40[min] W.
   37[deg]27.00[min] N                122[deg]43.00[min] W.
   37[deg]39.10[min] N                122[deg]43.00[min] W.
------------------------------------------------------------------------

    (b) A traffic lane for northbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]39.30[min] N                122[deg]39.20[min] W.
   37[deg]27.00[min] N                122[deg]39.20[min] W.
------------------------------------------------------------------------

    (c) A traffic lane for southbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]27.00[min] N                122[deg]44.30[min] W.
   37[deg]39.40[min] N                122[deg]44.30[min] W.
------------------------------------------------------------------------



Sec. 167.404  Off San Francisco: Western approach.

    (a) A separation zone is bounded by a line connecting thefollowing 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]41.90[min] N                122[deg]48.00[min] W.
   37[deg]38.10[min] N                122[deg]58.10[min] W.
   37[deg]36.50[min] N                122[deg]57.30[min] W.
   37[deg]41.10[min] N                122[deg]47.20[min] W.
------------------------------------------------------------------------

    (b) A traffic lane for south-westbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]42.80[min] N                122[deg]48.50[min] W.
   37[deg]39.60[min] N                122[deg]58.80[min] W.
------------------------------------------------------------------------


[[Page 856]]

    (c) A traffic lane for north-eastbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]35.00[min] N                122[deg]56.50[min] W.
   37[deg]40.40[min] N                122[deg]46.30[min] W.
------------------------------------------------------------------------



Sec. 167.405  Off San Francisco: Main ship channel.

    (a) A separation line connects the following geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]45.90[min] N                122[deg]38.00[min] W.
   37[deg]47.00[min] N                122[deg]34.30[min] W.
   37[deg]48.10[min] N                122[deg]31.00[min] W.
------------------------------------------------------------------------

    (b) A traffic lane for eastbound traffic is established betweenthe 
separation line and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]45.80[min] N                122[deg]37.70[min] W.
   37[deg]47.80[min] N                122[deg]30.80[min] W.
------------------------------------------------------------------------

    (c) A traffic lane for westbound traffic is established betweenthe 
separation line and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]46.20[min] N                122[deg]37.90[min] W.
   37[deg]46.90[min] N                122[deg]35.30[min] W.
   37[deg]48.50[min] N                122[deg]31.30[min] W.
------------------------------------------------------------------------



Sec. 167.406  Off San Francisco: Area to be avoided.

    A circular area to be avoided, with a radius of half of a 
nauticalmile, is centered upon geographic position:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   37[deg]45.00[min] N                122[deg]41.50[min] W.
------------------------------------------------------------------------



Sec. 167.450  In the Santa Barbara Channel Traffic Separation Scheme: General.

    The Traffic Separation Scheme in the Santa Barbara Channel 
isdescribed in Sec. Sec. 167.451 and 167.452. The geographiccoordinates 
in Sec. Sec. 167.451 and 167.452 are definedusing North American Datum 
1983 (NAD 83).



Sec. 167.451  In the Santa Barbara Channel: Between Point Vicente and PointConception.

    (a) A separation zone is bounded by a line connecting thefollowing 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   34[deg]20.90[min] N                 120[deg]30.16[min] W
   34[deg]04.00[min] N                119[deg]15.96[min] W.
   33[deg]44.90[min] N                118[deg]35.75[min] W.
   33[deg]43.20[min] N                118[deg]36.95[min] W.
   34[deg]02.20[min] N                119[deg]17.46[min] W.
   34[deg]18.90[min] N                120[deg]30.96[min] W.
------------------------------------------------------------------------

    (b) A traffic lane for north-westbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   34[deg]21.80[min] N                120[deg]29.96[min] W.
   34[deg]04.80[min] N                119[deg]15.16[min] W.
   33[deg]45.80[min] N                118[deg]35.15[min] W.
------------------------------------------------------------------------

    (c) A traffic lane for south-eastbound traffic is establishedbetween 
the separation zone and a line connecting the followinggeographical 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]42.30[min] N                118[deg]37.55[min] W.
   34[deg]01.40[min] N                119[deg]18.26[min] W.
   34[deg]18.00[min] N                120[deg]31.16[min] W.
------------------------------------------------------------------------



Sec. 167.452  In the Santa Barbara Channel: Between Point Conception and PointArguello.

    (a) A separation zone is bounded by a line connecting thefollowing 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   34[deg]20.90[min] N                120[deg]30.16[min] W.
   34[deg]18.90[min] N                120[deg]30.96[min] W.
   34[deg]25.70[min] N                120[deg]51.81[min] W.
   34[deg]23.75[min] N                120[deg]52.51[min] W.
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   34[deg]21.80[min] N                120[deg]29.96[min] W.
   34[deg]26.60[min] N                120[deg]51.51[min] W.
------------------------------------------------------------------------

    (c) A traffic lane for eastbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

[[Page 857]]



------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   34[deg]18.00[min] N                120[deg]31.16[min] W.
   34[deg]22.80[min] N                120[deg]52.76[min] W.
------------------------------------------------------------------------



Sec. 167.500  In the approaches to Los Angeles-Long Beach Traffic SeparationScheme: General.

    The Traffic Separation Scheme in the approaches to Los Angeles-Long 
Beach consists of three parts: a Precautionary Area, a WesternApproach, 
and a Southern Approach. The specific areas in theapproaches to Los 
Angeles-Long Beach are described inSec. Sec. 167.501 through 167.503. 
The geographiccoordinates in Sec. Sec. 167.501 through 167.503 
aredefined using North American Datum 1983 (NAD 83).

[USCG-2000-7695, 65 FR 53913, Sept. 6, 2000]



Sec. 167.501  In the approaches to Los Angeles/Long Beach: Precautionary area.

    (a) The precautionary area consists of the water area enclosed bythe 
Los Angeles-Long Beach breakwater and a line connecting PointFermin 
Light at 33[deg]42.30[min] N, 118[deg]17.60[min] W, withthe following 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]35.50[min] N                118[deg]17.60[min] W.
   33[deg]35.50[min] N                118[deg]09.00[min] W.
   33[deg]37.70[min] N                118[deg]06.50[min] W.
   33[deg]43.40[min] N                118[deg]10.80[min] W.
------------------------------------------------------------------------

    (b) Pilot boarding areas are located within the precautionary 
areadescribed in paragraph (a) of this section. Specific 
regulationspertaining to vessels operating in these areas are contained 
in 33 CFR165.1109(d).

[USCG-2000-7695, 65 FR 53913, Sept. 6, 2000]



Sec. 167.502  In the approaches to Los Angeles-Long Beach: Western approach.

    (a) A separation zone is bounded by a line connecting thefollowing 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]37.70[min] N                118[deg]17.60[min] W.
   33[deg]36.50[min] N                118[deg]17.60[min] W.
   33[deg]36.50[min] N                118[deg]23.10[min] W.
   33[deg]43.20[min] N                118[deg]36.90[min] W.
   33[deg]44.90[min] N                118[deg]35.70[min] W.
   33[deg]37.70[min] N                118[deg]20.90[min] W.
------------------------------------------------------------------------

    (b) A traffic lane for northbound coastwise traffic is 
establishedbetween the separation zone and a line connecting the 
followinggeographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]38.70[min] N                118[deg]17.60[min] W.
   33[deg]38.70[min] N                118[deg]20.60[min] W.
   33[deg]45.80[min] N                118[deg]35.10[min] W.
------------------------------------------------------------------------

    (c) A traffic lane for southbound coastwise traffic is 
establishedbetween the separation zone and a line connecting the 
followinggeographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]35.50[min] N                118[deg]17.60[min] W.
   33[deg]35.50[min] N                118[deg]23.43[min] W.
   33[deg]42.30[min] N                118[deg]37.50[min] W.
------------------------------------------------------------------------


[USCG-2000-7695, 65 FR 53913, Sept. 6, 2000]



Sec. 167.503  In the approaches to Los Angeles-Long Beach TSS: Southernapproach.

    (a) A separation zone is established bounded by a line connectingthe 
following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]35.50[min] N                118[deg]10.30[min] W.
   33[deg]35.50[min] N                118[deg]12.75[min] W.
   33[deg]19.70[min] N                118[deg]03.50[min] W.
   33[deg]19.00[min] N                118[deg]05.60[min] W.
------------------------------------------------------------------------

    (b) A traffic lane for northbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]35.50[min] N                118[deg]09.00[min] W.
   33[deg]20.00[min] N                118[deg]02.30[min] W.
------------------------------------------------------------------------

    (c) A traffic lane for southbound traffic is established betweenthe 
separation zone and a line connecting the following 
geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]35.50[min] N                118[deg]14.00[min] W.
   33[deg]18.70[min] N                118[deg]06.75[min] W.
------------------------------------------------------------------------


[USCG-2000-7695, 65 FR 53913, Sept. 6, 2000]



Sec. 167.1700  In Prince William Sound: General.

    The Prince William Sound Traffic Separation Scheme consists offour

[[Page 858]]

parts: Prince William Sound Traffic Separation Scheme,Valdez Arm Traffic 
Separation Scheme, and two precautionary areas.These parts are described 
in Sec. Sec. 167.1701 through167.1703. The geographic coordinates in 
Sec. Sec. 167.1701through 167.1703 are defined using North American 
Datum 1983 (NAD 83).

[USCG-2001-10254, 67 FR 53743, Aug. 19, 2002]



Sec. 167.1701  In Prince William Sound: Precautionary areas.

    (a) Cape Hinchinbrook. A precautionary area is establishedand is 
bounded by a line connecting the following geographicalpositions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   60[deg]20.59[min] N                 146[deg]48.18[min] W
   60[deg]12.67[min] N                 146[deg]40.43[min] W
   60[deg]11.01[min] N                 146[deg]28.65[min] W
   60[deg]05.47[min] N                 146[deg]00.01[min] W
   60[deg]00.81[min] N                 146[deg]03.53[min] W
   60[deg]05.44[min] N                 146[deg]27.58[min] W
   59[deg]51.80[min] N                 146[deg]37.51[min] W
   59[deg]53.52[min] N                 146[deg]46.84[min] W
   60[deg]07.76[min] N                 146[deg]36.24[min] W
   60[deg]11.51[min] N                 146[deg]46.64[min] W
   60[deg]20.60[min] N                 146[deg]54.31[min] W
------------------------------------------------------------------------

    (b) Bligh Reef. A precautionary area is established ofradius 1.5 
miles centered at geographical position 60[deg]49.63[min]N, 
147[deg]01.33[min] W.
    (c) Pilot boarding area. A pilot boarding area located nearthe 
center of the Bligh Reef precautionary area is established.Regulations 
for vessels operating in these areas are inSec. 165.1109(d) of this 
chapter.

[USCG-2001-10254, 67 FR 53743, Aug. 19, 2002]



Sec. 167.1702  In Prince William Sound: Prince William Sound Traffic SeparationScheme.

    The Prince William Sound Traffic Separation Scheme consists of 
thefollowing:
    (a) A separation zone bounded by a line connecting the 
followinggeographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   60[deg]20.77[min] N                 146[deg]52.31[min] W
   60[deg]48.12[min] N                 147[deg]01.78[min] W
   60[deg]48.29[min] N                 146[deg]59.77[min] W
   60[deg]20.93[min] N                 146[deg]50.32[min] W
------------------------------------------------------------------------

    (b) A traffic lane for northbound traffic between the separationzone 
and a line connecting the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   60[deg]20.59[min] N                 146[deg]48.18[min] W
   60[deg]49.49[min] N                 146[deg]58.19[min] W
------------------------------------------------------------------------

    (c) A traffic lane for southbound traffic between the separationzone 
and a line connecting the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   60[deg]49.10[min] N                 147[deg]04.19[min] W
   60[deg]20.60[min] N                 146[deg]54.31[min] W
------------------------------------------------------------------------


[USCG-2001-10254, 67 FR 53743, Aug. 19, 2002]



Sec. 167.1703  In Prince William Sound: Valdez Arm Traffic Separation Scheme.

    The Valdez Arm Traffic Separation Scheme consists of thefollowing:
    (a) A separation zone bounded by a line connecting the 
followinggeographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   60[deg]51.08[min] N                 147[deg]00.33[min] W
   60[deg]58.60[min] N                 146[deg]48.10[min] W
   60[deg]58.30[min] N                 146[deg]47.10[min] W
   60[deg]50.45[min] N                 146[deg]58.75[min] W
------------------------------------------------------------------------

    (b) A traffic lane for northbound traffic between the separationzone 
and a line connecting the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   60[deg]49.39[min] N                 146[deg]58.19[min] W
   60[deg]58.04[min] N                 146[deg]46.52[min] W
------------------------------------------------------------------------

    (c) A traffic lane for southbound traffic between the separationzone 
and a line connecting the following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   60[deg]58.93[min] N                 146[deg]48.86[min] W
   60[deg]50.61[min] N                 147[deg]03.60[min] W
------------------------------------------------------------------------


[USCG-2001-10254, 67 FR 53743, Aug. 19, 2002]



PART 168_ESCORT REQUIREMENTS FOR CERTAIN TANKERS--Table of Contents




Sec.
168.01 Purpose.
168.05 Definitions.
168.10 Responsibilities.

[[Page 859]]

168.20 Applicable vessels.
168.30 Applicable cargoes.
168.40 Applicable waters and number of escort vessels.
168.50 Performance and operational requirements.
168.60 Pre-escort conference.

    Authority: Section 4116(c), Pub. L. 101-380, 104Stat. 520 (46 U.S.C. 
3703 note); Department of Homeland SecurityDelegation No. 170.1, para. 
2(82).

    Source: CGD 91-202, 59 FR 42968, Aug. 19, 1994,unless otherwise 
noted.



Sec. 168.01  Purpose.

    (a) This part prescribes regulations in accordance with 
section4116(c) of the Oil Pollution Act of 1990 (OPA 90) (Pub. L.101-
380). The regulations will reduce the risk of oil spillsfrom laden, 
single hull tankers over 5,000 GT by requiring that thesetankers be 
escorted by at least two suitable escort vessels. Theescort vessels will 
be immediately available to influence the tankers'speed and course in 
the event of a steering or propulsion equipmentfailure, thereby reducing 
the possibility of groundings or collisions.
    (b) The regulations in this part establish minimum escort 
vesselrequirements. Nothing in these regulations should be construed 
asrelieving the master of a tanker from the duty to operate the vesselin 
a safe and prudent manner, taking into account the 
navigationalconstraints of the waterways to be traversed, other vessel 
traffic,and anticipated weather, tide, and sea conditions, which may 
requirereduced speeds, greater assistance from escort vessels, or 
otheroperational precautions.



Sec. 168.05  Definitions.

    As used in this part--
    Disabled tanker means a tanker experiencing a loss ofpropulsion or 
steering control.
    Escort transit means that portion of the tanker's voyagethrough 
waters where escort vessels are required.
    Escort vessel means any vessel that is assigned anddedicated to a 
tanker during the escort transit, and that is fenderedand outfitted with 
towing gear as appropriate for its role in anemergency response to a 
disabled tanker.
    Laden means transporting in bulk any quantity of applicablecargo, 
except for clingage and residue in otherwise empty cargo tanks.
    Single hull tanker means any self-propelled tank vessel thatis not 
constructed with both double bottom and double sides inaccordance with 
the provisions of 33 CFR 157.10d.
    Tanker master means the licensed onboard person in charge ofthe 
tanker.
    Tanker owner or operator means the owner or shoresideorganization 
(individual, corporation, partnership, or association),including a 
demise charterer, responsible for the overall managementand operation of 
the tanker.



Sec. 168.10  Responsibilities.

    (a) The tanker owner or operator shall:
    (1) select escort vessels that can meet the performancerequirements 
of this part; and
    (2) inform the tanker master of the performance capabilities ofthe 
selected escort vessels. This information must be provided to themaster 
before beginning the escort transit.
    (b) The tanker master shall operate the tanker within theperformance 
capabilities of the escort vessels, taking into accountspeed, sea and 
weather conditions, navigational considerations, andother factors that 
may change or arise during the escort transit.
    (c) In an emergency, the tanker master may deviate from 
therequirements of this part to the extent necessary to avoid 
endangeringpersons, property, or the environment, but shall immediately 
reportthe deviation to the cognizant Coast Guard Captain of the Port 
(COTP).



Sec. 168.20  Applicable vessels.

    The requirements of this part apply to laden, single hull tankersof 
5,000 gross tons or more.



Sec. 168.30  Applicable cargoes.

    The requirements of this part apply to any petroleum oil listed in46 
CFR Table 30.25-1 as a pollution category I cargo.

[[Page 860]]



Sec. 168.40  Applicable waters and number of escort vessels.

    The requirements of this part apply to the following waters:
    (a) Prince William Sound: Each tanker to which this partapplies must 
be escorted by at least two escort vessels in thosenavigable waters of 
the United States within Prince William Sound,Alaska, and the adjoining 
tributaries, bays, harbors, and ports,including the navigable waters of 
the United States within a linedrawn from Cape Hinchinbrook Light, to 
Seal Rocks Light, to a point onMontague Island at 60[deg]14.6[min] 
North, 146[deg]59[min] West,and the waters of Montague Strait east of a 
line between Cape Pugetand Cape Cleare.
    (b) Puget Sound and certain associated waters: Each tankerto which 
this part applies must be escorted by at least two escortvessels in 
those navigable waters of the United States and WashingtonState east of 
a line connecting New Dungeness Light with DiscoveryIsland Light and all 
points in the Puget Sound area north and south ofthese lights. This area 
includes all the navigable waters of theUnited States within Haro 
Strait, Rosario Strait, the Strait ofGeorgia, Puget Sound, and Hood 
Canal, as well as those portions of theStrait of Juan de Fuca east of 
the New Dungeness-Discovery Islandline.



Sec. 168.50  Performance and operational requirements.

    (a) Except as provided in paragraph (c) of Sec. 168.10,at all times 
during the escort transit each tanker to which this partapplies:
    (1) Must be accompanied by escort vessels that meet theperformance 
requirements of paragraph (b) of this section (but notless than the 
number of escorts required by Sec. 168.40).
    (2) Must have the escort vessels positioned relative to the 
tankersuch that timely response to a propulsion or steering failure can 
beeffected.
    (3) Must not exceed a speed beyond which the escort vessels 
canreasonably be expected to safely bring the tanker under control 
withinthe navigational limits of the waterway, taking into 
considerationambient sea and weather conditions, surrounding vessel 
traffic,hazards, and other factors that may reduce the available sea 
room.
    (b) The escort vessels, acting singly or jointly in anycombination 
as needed, and considering their applied force vectors onthe tanker's 
hull, must be capable of--
    (1) Towing the tanker at 4 knots in calm conditions, and holdingit 
in steady position against a 45-knot headwind;
    (2) [Reserved]
    (3) Holding the tanker on a steady course against a 35-degreelocked 
rudder at a speed of 6 knots; and
    (4) Turning the tanker 90 degrees, assuming a free-swinging 
rudderand a speed of 6 knots, within the same distance (advance 
andtransfer) that it could turn itself with a hard-over rudder.

[CGD 91-202, 59 FR 42968, Aug. 19, 1994, as amended at70 FR 55730, Sept. 
23, 2005]



Sec. 168.60  Pre-escort conference.

    (a) Before commencing an escort transit, the tanker master 
shallconfer, by radio or in person, with the tanker pilot and the 
mastersof the escort vessels regarding the escort operation.
    (b) The purpose of the pre-escort conference is for all parties 
toplan and discuss particulars of the escort transit.
    (c) At a minimum, the following topics must be addressed duringthe 
pre-escort conference:
    (1) The destination, route, planned speed, other vessel 
traffic,anticipated weather, tide, and sea conditions, and other 
navigationalconsiderations;
    (2) The type and operational status of communication, 
towing,steering, and propulsion equipment on the tanker and escort 
vessels;
    (3) The relative positioning and reaction time for the escortvessels 
to move into assist positions, including, if appropriate, pre-tethering 
the escort vessels at crucial points along the route;
    (4) The preparations required on the tanker and escort vessels,and 
the methods employed in making an emergency towline connection,including 
stationing of deck crews, preparation of messenger lines,bridles, and 
other towing gear, and energizing appropriate deckequipment;

[[Page 861]]

    (5) The manner in which an emergency towline connection wouldbe made 
(which escort vessel will respond, how messengers and towlineswill be 
passed, etc.);
    (6) Other relevant information provided by the tanker master,pilot 
or escort vessel masters.



PART 169_SHIP REPORTING SYSTEMS--Table of Contents




                            Subpart A_General

Sec.
169.1 What is the purpose of this part?
169.5 How are terms used in this part defined?
169.10 What geographic coordinates are used?
169.15 Incorporation by reference: Where can I get a copy ofthe 
          publications mentioned in this part?

 Subpart B_Establishment of Two Mandatory Ship ReportingSystems for the 
                   Protection of Northern Right Whales

169.100 What mandatory ship reporting systems areestablished by this 
          subpart?
169.102 Who is the shore-based authority?
169.105 Where is the northeastern reporting system located?
169.110 When is the northeastern reporting system in effect?
169.115 Where is the southeastern reporting system located?
169.120 When is the southeastern reporting system in effect?
169.125 What classes of ships are required to make reports?
169.130 When are ships required to make reports?
169.135 How must the reports be made?
169.140 What information must be included in the report?

    Subpart C_Transmission of Long Range Identification andTracking 
                               Information

169.200 What is the purpose of this subpart?
169.205 What types of ships are required to transmit LRITinformation 
          (position reports)?
169.210 Where during its international voyage must a shiptransmit 
          position reports?
169.215 How must a ship transmit position reports?
169.220 When must a ship be fitted with LRIT equipment?
169.225 Which Application Service Providers may a ship use?
169.230 How often must a ship transmit position reports?
169.235 What exemptions are there from reporting?
169.240 When may LRIT equipment be switched off?
169.245 What must a ship master do if LRIT equipment isswitched off or 
          fails to operate?

    Authority: 33 U.S.C. 1230(d), 1231; 46 U.S.C. 70115,Department of 
Homeland Security Delegation No. 0170.1.

    Source: USCG-1999-5525, 64 FR 29234, June1, 1999, unless otherwise 
noted.



                            Subpart A_General



Sec. 169.1  What is the purpose of this part?

    This subpart prescribes the requirements for mandatory shipreporting 
systems. Ship reporting systems are used to provide, gather,or exchange 
information through radio reports. The information is usedto provide 
data for many purposes including, but not limited to:navigation safety, 
maritime security and domain awareness,environmental protection, vessel 
traffic services, search and rescue,weather forecasting and prevention 
of marine pollution.

[USCG-1999-5525, 64 FR 29234, June 1, 1999, asamended by USCG-2005-
22612, 73 FR 23318, Apr. 29, 2008]



Sec. 169.5  How are terms used in this part defined?

    As used in this part--
    Administration means the Government of the State whose flagthe ship 
is entitled to fly.
    Cargo ship means any ship which is not a passenger ship.
    Flag Administration means the Government of a State whoseflag the 
ship is entitled to fly.
    Gross tonnage means tonnage as defined under theInternational 
Convention on Tonnage Measurement of Ships, 1969(Incorporated by 
reference, see Sec. 169.15).
    Gross tons means vessel tonnage measured in accordance withthe 
method utilized by the flag state administration of that vessel.
    High speed craft means a craft that is operable on or abovethe water 
and is capable of a maximum speed equal to or exceeding V=3.7xdispl 
\.1667\, where ``V'' is themaximum speed and ``displ''

[[Page 862]]

is the vesseldisplacement corresponding to the design waterline in cubic 
meters.
    High speed passenger craft means a high speed craft carryingmore 
than 12 passengers.
    International voyage means a voyage from a country to whichthe 
present International Convention for the Safety of Life at Sea(SOLAS), 
1974 applies to a port outside such country, or conversely.For U.S. 
ships, such voyages will be considered to originate at a portin the 
United States, regardless of when the voyage actually began.Such voyages 
for U.S. ships will continue until the ship returns tothe United States 
from its last foreign port.
    Long range identification and tracking (LRIT) information orposition 
report means a report containing the followinginformation:
    (1) The identity of the ship;
    (2) The position of the ship (latitude and longitude); and
    (3) The date and time of the position provided.
    LRIT Data Center means a center established by a SOLASContracting 
Government or a group of Contracting Governments, or inthe case of the 
International Data Center, by IMO, to request,receive, process, and 
archive LRIT information. An LRIT Data Centermay be National, Regional, 
Co-operative or International.
    Mandatory ship reporting system means a ship reportingsystem that 
requires the participation of specified vessels or classesof vessels, 
and that is established by a government or governmentsafter adoption of 
a proposed system by the International MaritimeOrganization (IMO) as 
complying with all requirements of regulationV/8-1 of the International 
Convention for the Safety of Life atSea, 1974, as amended (SOLAS), 
except paragraph (e) thereof.
    Mobile offshore drilling unit means a self-propelled vesselcapable 
of engaging in drilling operations for the exploration orexploitation of 
subsea resources.
    Passenger ship means a ship that carries more than 12passengers.
    Self-propelled ships means ships propelled by mechanicalmeans.
    Shore-based authority means the government appointed officeor 
offices that will receive the reports made by ships entering eachof the 
mandatory ship reporting systems. The office or offices will 
beresponsible for the management and coordination of the 
system,interaction with participating ships, and the safe and 
effectiveoperation of the system. Such an authority may or may not be 
anauthority in charge of a vessel traffic service.
    United States means the States of the United States, theDistrict of 
Columbia, Guam, Puerto Rico, the Virgin Islands, AmericanSamoa, the 
Northern Mariana Islands, and any other territory orpossession of the 
United States.

[USCG-1999-5525, 66 FR 58070, Nov. 20, 2001, asamended by USCG-2005-
22612, 73 FR 23318, Apr. 29, 2008]



Sec. 169.10  What geographic coordinates are used?

    Geographic coordinates expressed in terms of latitude orlongitude, 
or both, are not intended for plotting on maps or chartswhere the 
referenced 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.



Sec. 169.15  Incorporation by reference: Where can I get a copy of thepublications mentioned in this part?

    (a) Certain material is incorporated by reference into this partwith 
the approval of the Director of the Federal Register under 5U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other thanthat 
specified in this section, the Coast Guard must publish notice ofchange 
in the Federal Register and the material must beavailable to the public. 
All approved material is available forinspection at the National 
Archives and Records Administration (NARA).For information on the 
availability of this material at NARA, call202-741-6030 or go tohttp://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. Also, it is available

[[Page 863]]

for inspection atthe Coast Guard, Office of Navigation Systems (CG-
54132), 2100Second Street, SW., Washington, DC 20593-0001, and is 
availablefrom the sources indicated in this section.
    (b) International Electrotechnical Commission (IEC) BureauCentral de 
la Commission Electrotechnique Internationale, 3 rue deVaremb[eacute], 
P.O. Box 131, 1211 Geneva 20, Switzerland.
    (1) IEC 60945, Fourth edition 2002-08, Maritime navigationand 
radiocommunication equipment and systems--Generalrequirements--Methods 
of testing and required test results,incorporation by reference approved 
for Sec. 169.215.
    (2) [Reserved]
    (c) International Maritime Organization (IMO), 4 AlbertEmbankment, 
London SE1 7SR, U.K.
    (1) IMO Resolution MSC.202(81), adopted on May 19, 2006, Adoptionof 
Amendments to the International Convention for the Safety of Lifeat Sea, 
1974, as Amended, incorporation by reference approved forSec. 169.240.
    (2) IMO Resolution MSC.210(81), adopted on May 19, 2006,Performance 
Standards and Functional Requirements for the Long-RangeIdentification 
and Tracking of Ships, incorporation by referenceapproved for Sec. Sec. 
169.215 and 169.240.
    (3) IMO Resolution MSC.254(83), adopted on October 12, 2007,Adoption 
of Amendments to the Performance Standards and FunctionalRequirements 
for the Long-Range Identification and Tracking of Ships,incorporation by 
reference approved for Sec. Sec. 169.215and 169.240.
    (4) IMO Resolution A.694(17), adopted on November 6, 1991, 
GeneralRequirements for Shipborne Radio Equipment Forming Part of the 
GlobalMaritime Distress and Safety System (GMDSS) and for 
ElectronicNavigational Aids, incorporation by reference approved 
forSec. 165.215.
    (5) International Convention on Tonnage Measurement of Ships,1969, 
incorporation by reference approved for Sec. 169.5.

[USCG-2005-22612, 73 FR 23319, Apr. 29, 2008]



 Subpart B_Establishment of Two Mandatory Ship ReportingSystems for the 
                   Protection of Northern Right Whales



Sec. 169.100  What mandatory ship reporting systems are established by thissubpart?

    This subpart prescribes requirements for the establishment 
andmaintenance of two mandatory ship reporting systems for the 
protectionof the endangered northern right whale (also known as the 
NorthAtlantic right whale). These two systems are designated for 
certainareas of the East Coast of the United States. One system is 
located inthe northeast and is identified as WHALESNORTH. The other 
system islocated in the southeast and is identified as WHALESSOUTH.

    Note to Sec. 169.100: 50 CFR 224.103(c) containsrequirements and 
procedures concerning northern right whale approachlimitations and 
avoidance procedures.

[USCG-1999-5525, 64 FR 29234, June 1, 1999, asamended by 66 FR 58070, 
Nov. 20, 2001]



Sec. 169.102  Who is the shore-based authority?

    The U.S. Coast Guard is the shore-based authority for thesemandatory 
ship reporting systems.



Sec. 169.105  Where is the northeastern reporting system located?

    Geographical boundaries of the northeastern area include thewaters 
of Cape Cod Bay, Massachusetts Bay, and the Great South Channeleast and 
southeast of Massachusetts. The coordinates (NAD 83) of thearea are as 
follows: from a point on Cape Ann, Massachusetts at42[deg]39[min] N, 
70[deg]37[min] W; then northeast to42[deg]45[min] N, 70[deg]13[min] W; 
then southeast to42[deg]10[min] N, 68[deg]31[min] W; then south to 
41[deg]00[min]N, 68[deg]31[min] W; then west to 41[deg]00[min] 
N,69[deg]17[min] W; then northeast to 42[deg]05[min] N,70[deg]02[min] W, 
then west to 42[deg]04[min] N, 70[deg]10[min]W; and then along the 
Massachusetts shoreline of Cape Cod Bay andMassachusetts Bay back to the 
point on Cape Anne at 42[deg]39[min]N, 70[deg]37[min] W.

[[Page 864]]



Sec. 169.110  When is the northeastern reporting system in effect?

    The mandatory ship reporting system in the northeastern UnitedStates 
operates year-round.



Sec. 169.115  Where is the southeastern reporting system located?

    Geographical boundaries of the southeastern area include 
coastalwaters within about 25 nautical miles (45 kilometer) along a 90-
nautical mile (170-kilometer) stretch of the Atlantic seaboard inFlorida 
and Georgia. The area coordinates (NAD 83) extends from theshoreline 
east to longitude 80[deg]51.6[min] W with the southern andnorthern 
boundaries at latitude 30[deg]00[min] N and31[deg]27[min] N, 
respectively.



Sec. 169.120  When is the southeastern reporting system in effect?

    The mandatory ship reporting system in the southeastern UnitedStates 
operates during the period beginning on November 15 each yearthrough 
April 16 of the following year.

[USCG-1999-5525, 66 FR 58070, Nov. 20, 2001]



Sec. 169.125  What classes of ships are required to make reports?

    Each self-propelled ship of 300 gross tons or greater 
mustparticipate in the reporting systems, except government ships 
exemptedfrom reporting by regulation V/8-1(c) of SOLAS. However, 
exemptships are encouraged to participate in the reporting systems.

[USCG-1999-5525, 66 FR 58070, Nov. 20, 2001]



Sec. 169.130  When are ships required to make reports?

    Participating ships must report to the shore-based authority 
uponentering the area covered by a reporting system. Additional 
reportsare not necessary for movements made within a system or for 
shipsexiting a system.



Sec. 169.135  How must the reports be made?

    (a) A ship equipped with INMARSAT C must report in IMO 
standardformat as provided in Sec. 169.140 in table 169.140.
    (b) A ship not equipped with INMARSAT C must report to the 
CoastGuard using other means, listed below in order of precedence--
    (1) Narrow band direct printing (SITOR),
    (2) HF voice communication, or
    (3) MF or VHF voice communications.
    (c) SITOR or HF reports made directly to the Coast 
Guard'sCommunications Area Master Station Atlantic (CAMSLANT) in 
Chesapeake,VA, or MF or VHF reports made to Coast Guard activities or 
groups,should only be made by ships not equipped with INMARSAT C. Ships 
inthis category must provide all the required information to the 
CoastGuard watchstander.

[USCG-1999-5525, 64 FR 29234, June 1, 1999, asamended by 66 FR 58070, 
Nov. 20, 2001]



Sec. 169.140  What information must be included in the report?

    Each ship report made to the shore-based authority must follow 
thestandard reporting and format requirements listed in this section 
intable 169.140. Current email addresses and telex numbers are 
publishedannually in the US Coast Pilot.

               Table 169.140--Requirements for ShipReports
------------------------------------------------------------------------
           Telegraphy                 Function      Information required
------------------------------------------------------------------------
Name of system.................  System identifier  Ship reporting
                                                     systemWHALESNORTH
                                                     or WHALESSOUTH.
M..............................  INMARSAT Number..  Vessel INMARSAT
                                                     number
A..............................  Ship.............  The name, call sign
                                                     or ship station
                                                     identity, IMO
                                                     number,and flag of
                                                     the vessel.
B..............................  Date and time of   A 6-digit group
                                  event.             giving day of
                                                     month(first two
                                                     digits), hours and
                                                     minutes (last four
                                                     digits).
E..............................  True course......  A 3-digit group
                                                     indicating true
                                                     course.
F..............................  Speed in knots     A 3-digit group.
                                  and tenths of
                                  knots.

[[Page 865]]

 
H..............................  Date, time and     Entry timeexpressed
                                  point of entry     as in (B) and entry
                                  into system.       position expressed
                                                     as-(1) a 4-
                                                     digitgroup giving
                                                     latitude in degrees
                                                     and minutes
                                                     suffixed with
                                                     N(north) orS
                                                     (south) and a 5-
                                                     digit group giving
                                                     longitude in
                                                     degrees and
                                                     minutessuffixed
                                                     with E (east) or W
                                                     (west); or (2) True
                                                     bearing (first
                                                     3digits) and
                                                     distance (state
                                                     distance) in
                                                     nautical miles from
                                                     a clearlyidentified
                                                     landmark (state
                                                     landmark)
I..............................  Destination and    Name of port and
                                  expected time of   datetime group
                                  arrival.           expressed as in (B)
L..............................  Route information  Intended track.
------------------------------------------------------------------------


[USCG-1999-5525, 66 FR 58070, Nov. 20, 2001]



    Subpart C_Transmission of Long Range Identification andTracking 
                               Information

    Source: USCG-2005-22612, 73 FR 23319, Apr.29, 2008, unless otherwise 
noted.



Sec. 169.200  What is the purpose of this subpart?

    This subpart implements Regulation 19-1 of SOLAS Chapter V(SOLAS V/
19-1) and requires certain ships engaged on aninternational voyage to 
transmit vessel identification and positioninformation electronically. 
This requirement enables the Coast Guardto obtain long range 
identification and tracking (LRIT) informationand thus heightens our 
overall maritime domain awareness, enhances oursearch and rescue 
operations, and increases our ability to detectanomalies and deter 
transportation security incidents.



Sec. 169.205  What types of ships are required to transmit LRIT information(position reports)?

    The following ships, while engaged on an international voyage, 
arerequired to transmit position reports:
    (a) A passenger ship, including high speed passenger craft.
    (b) A cargo ship, including high speed craft, of 300 gross tonnageor 
more.
    (c) A mobile offshore drilling unit while underway and not engagedin 
drilling operations.



Sec. 169.210  Where during its international voyage must a ship transmitposition reports?

    The requirements for the transmission of position reports, imposedby 
the United States, vary depending on the relationship of the 
UnitedStates to a ship identified in Sec. 169.205.
    (a) Flag State relationship. A U.S. flag ship engaged on 
aninternational voyage must transmit position reports wherever they 
arelocated.
    (b) Port State relationship. A foreign flag ship engaged onan 
international voyage must transmit position reports after the shiphas 
announced its intention to enter a U.S. port or place underrequirements 
in 33 CFR part 160, subpart C.
    (c) Coastal State relationship. A foreign flag ship engagedon an 
international voyage must transmit position reports when theship is 
within 1,000 nautical miles of the baseline of the UnitedStates, unless 
their Flag Administration, under authority of SOLASV/19-1.9.1, has 
directed them not to do so.



Sec. 169.215  How must a ship transmit position reports?

    A ship must transmit position reports using Long RangeIdentification 
and Tracking (LRIT) equipment that has been type-approved by their 
Administration. To be type-approved by the CoastGuard, LRIT equipment 
must meet the requirements of IMO ResolutionsA.694(17), MSC.210(81), and 
MSC.254(83), and IEC standard IEC 60945(Incorporated by reference, see 
Sec. 169.15).



Sec. 169.220  When must a ship be fitted with LRIT equipment?

    A ship identified in Sec. 169.205 must be equipped withLRIT 
equipment--
    (a) Before getting underway, if the ship is constructed on orafter 
December 31, 2008.

[[Page 866]]

    (b) By the first survey of the radio installation afterDecember 31, 
2008, if the ship is--
    (1) Constructed before December 31, 2008, and
    (2) Operates within--
    (i) One hundred (100) nautical miles of the United Statesbaseline, 
or
    (ii) Range of an Inmarsat geostationary satellite, or 
otherApplication Service Provider recognized by the Administration, 
withwhich continuous alerting is available.
    (c) By the first survey of the radio installation after July 1,2009, 
if the ship is--
    (1) Constructed before December 31, 2008, and
    (2) Operates within the area or range specified in paragraph (b)(2) 
of this section as well as outside the range of an Inmarsatgeostationary 
satellite with which continuous alerting is available.While operating in 
the area or range specified in paragraph (b)(2) ofthis section, however, 
a ship must install LRIT equipment by the firstsurvey of the radio 
installation after December 31, 2008.



Sec. 169.225  Which Application Service Providers may a ship use?

    A ship may use an Application Service Provider (ASP) recognized 
byits Administration. Some Communication Service Providers may alsoserve 
as an ASP.



Sec. 169.230  How often must a ship transmit position reports?

    A ship's LRIT equipment must transmit position reports at 6-
hourintervals unless a more frequent interval is requested remotely by 
anLRIT Data Center.



Sec. 169.235  What exemptions are there from reporting?

    A ship is exempt from this subpart if it is--
    (a) Fitted with an operating automatic identification system(AIS), 
under 33 CFR 164.46, and operates only within 20 nautical milesof the 
United States baseline,
    (b) A warship, naval auxiliaries or other ship owned or operatedby a 
SOLAS Contracting Government and used only on Government non-commercial 
service, or
    (c) A ship solely navigating the Great Lakes of North America 
andtheir connecting and tributary waters as far east as the lower exit 
ofthe St. Lambert Lock at Montreal in the Province of Quebec, Canada.



Sec. 169.240  When may LRIT equipment be switched off?

    A ship engaged on an international voyage may switch off its 
LRITequipment only when it is permitted by its Flag Administration, 
incircumstances detailed in SOLAS V/19-1.7, or in paragraph4.4.1, of 
resolution MSC.210(81), as amended by resolution 
MSC.254(83)(Incorporated by reference, see Sec. 169.15).



Sec. 169.245  What must a ship master do if LRIT equipment is switched off orfails to operate?

    (a) If a ship's LRIT equipment is switched off or fails tooperate, 
the ship's master must inform his or her Flag Administrationwithout 
undue delay.
    (b) The master must also make an entry in the ship's logbook 
thatstates--
    (1) His or her reason for switching the LRIT equipment off, or 
anentry that the equipment has failed to operate, and
    (2) The period during which the LRIT equipment was switched off 
ornon-operational.
    Note to Sec. 169.245: For U.S. vessels, the U.S.Coast Guard serves 
as the Flag Administration for purposes of thissection. All LRIT 
notifications for the U.S. Flag Administration, inaddition to requests 
or questions about LRIT, should be communicatedto the U.S. Coast Guard 
by e-mail addressed to [email protected].
      

[[Page 867]]

                                  INDEX

                   SUBCHAPTER P_PORTS AND WATERWAYS SAFETY

  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

Agent............................................................160.204
Appendix A to 164.38--Performance Standards for AutomaticRadar Plotting 
Aids (ARPA)
Annex 1 to Appendix A--Definitions of Terms to be Used Onlyin Connection 
with ARPA Performance Standards
Annex 2 to Appendix A--Operational Scenarios
Annex 3 to Appendix A--Sensor Errors
Appendix B to 164.38--U.S. Maritime Administration CollisionAvoidance 
System Specifications
Applicable
Cargoes...........................................................168.30
Vessels...........................................................168.20
Waters and number of escort vessels (Prince William Sound andPuget 
Sound)............................................................168.40
Applicability exception for foreign vessels.......................164.02
Applicability, Navigation Safety Regulations......................164.01
Application, Towing of Barges.....................................163.01
Alaskan Coastal areas
Gulf to Hinchinbrook Safety Fairway (inbound vessel traffic) 
                                                       166.400(b)(1)(ii)
Hinchinbrook to Gulf Safety Fairway (outbound vessel traffic) 
                                                      166.400(b)(1)(iii)
Prince William Sound Safety Fairway........................166.400(b)(1)
Unimak Pass Safety Fairway (East/West Safety Fairway)...166.400(b)(2)(i)
Atlantic Coastal areas
Nantucket to Ambrose Safety Fairway....................166.500(b)(1)(ii)
Off New York Shipping Safety Fairway; Ambrose to Nantucket 
SafetyFairway...........................................166.500(b)(1)(i)
Automatic Identification System Shipborne Equipment...............164.43
Automatic Radar Plotting Aids (ARPA)..............................164.38

                                 B

Barge............................................................160.204
Bunching of tows..................................................163.20

                                 C

Californian Coastal areas
Port Hueneme Safety Fairway................................166.300(b)(1)
Carried in Bulk..................................................160.204
Certain Dangerous Cargo..........................................160.204
Charterer........................................................160.204
Charts and publications...........................................164.33

[[Page 868]]

Charts, publications, and equipment: General......................164.30
Chesapeake Bay approach traffic separation scheme................167.200
Control of Vessel and Facility Operations............Part 160, Subpart B
Applicability....................................................160.103
Compliance with orders...........................................160.105
Denial of entry..................................................160.107
Prohibition of vessel operation and cargo transfers..............160.113
Purpose..........................................................160.101
Special orders applying to vessel operations.....................160.111
Withholding of clearance.........................................160.115
Crewmember.......................................................160.204

                                 D

Definitions........160.204, 161.2, 164.70, 166.105, 167.5, 168.05, 169.5
Deviations from rules:
and reporting non-operating equipment.............................164.53
Continuing operation or period of time............................164.55
Emergency.........................................................164.51
Devices to indicate speed and distance............................164.40

                                 E

Eastern approach.................................................167.202
Off Ambrose Light................................................167.153
Off Nantucket....................................................167.152
Electronic position fixing devices................................164.41
Equipment
All vessels.......................................................164.35
Vessels of 10,000 gross tons or more..............................164.37
Escort requirements for certain tankers.........................Part 168

                                 G

Galveston Bay approach traffic separation scheme and 
precautionaryarea................................................167.350
General, Ports and Waterways Safety...................Part 160-Subpart A
Appeals............................................................160.7
Definitions........................................................160.3
Delegations........................................................160.5
Purpose............................................................160.1
General, Regulated Navigation Areas and Limited
Access Areas..........................................Part 165-Subpart A
Establishment procedure............................................165.5
Notification.......................................................165.7
Purpose of part....................................................165.1
Geographic coordinates.....................165.8, 166.103, 167.3, 169.10
Great Lakes......................................................160.204
Gross Tons.......................................................160.204

                                 H

Hazardous Condition..............................................160.204

                                 I

Incorporation by reference........................................164.03
Inland waterways navigation regulations.........................Part 162

[[Page 869]]

Atlantic Ocean, all waterways tributary south of ChesapeakeBay and 
all waterway tributary to the Gulf of Mexico east and South ofSt. 
Marks, FL.........................................................162.65
Black Rock Canal and Lock at Buffalo, New York...................162.175
Buffalo and Rochester Harbors, New York..........................162.165
Channel leading to San Juan Harbor, P.R.; use, administration, 
andnavigation....................................................162.260
Channel of Christina River, Del; navigation.......................162.35
Channel of Tuckerton Creek, N.J.; navigation......................162.30
Columbia and Williamette Rivers, Washington and 
Oregon;administration and navigation.............................162.225
Columbia River, Wash.............................................162.230
Duluth-Superior Harbor, Minnesota and Wisconsin..................162.110
Flushing Bay near LaGuardia Airport, Flushing, N.Y. restrictedarea
                                                                  162.20
General............................................................162.1
Gulf of Mexico, all waterways tributary (except the 
MississippiRiver, its tributaries, South and Southwest Passes and 
the AtchafalayaRiver) from St. Marks, Flas., to the Rio Grande....162.75
Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-
Nev..............................................................162.220
Kenai River, Kenai, Alaska; use, administration, andnavigation...162.245
Keweenaw Waterway, Mich..........................................162.115
Inland waterway from Delaware River to Chesapeake Bay, Del. andMd. 
(Chesapeake and Delaware Canal)...................................162.40
Lake Huron to Lake Erie, connecting waters
Anchorage grounds................................................162.136
Communications rules.............................................162.132
General rules....................................................162.130
Miscellaneous rules..............................................162.140
Speed rules......................................................162.138
Traffic rules....................................................162.134
Lake Michigan, harbors on........................................162.120
Lake Tahoe, Calif.; restricted areas along south shore...........162.210
Lake Tahoe, Nev.; restricted area adjacent to NevadaBeach........162.215
Manhasett Bay, N.Y.; seaplane restricted area.....................162.15
Marina del Ray, Calif.; restricted area..........................162.200
Maumee Bay and River, Ohio.......................................162.150
Mississippi River below mouth of Ohio River, including South 
andSouthwest Passes...............................................162.80
Missouri River; administration and navigation....................162.105
Monroe Harbor, Mich..............................................162.145
Ohio River at Louisville, KY.....................................162.100
Port Alexander, Alaska; speed of vessels.........................162.250
Puget Sound Area, Wash...........................................162.235
Restricted areas in vicinity of Maritime Administration 
ReserveFleets....................................................162.270
Sandusky and Huron Harbors, Ohio.................................162.155
Santa Monica Bay, Calif.; restricted area........................162.195
St. Marys River, Sault Ste. Marie, Michigan......................162.117
Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisconsin..........162.125
Suisun Bay, San Joaquin River Sacramento River, and 
connectingwaters, CA.............................................162.205
Tongass Narrows, Alaska; navigation..............................162.240
Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and 
ConeautHarbors, Ohio.............................................162.160

[[Page 870]]

White River, Arkansas Post Canal, Arkansas River, andVerdigris 
River between Mississippi River, Ark., and Catoosa, Okla.:use, 
administration, and navigation....................................162.90
Wrangell Narrows, Alaska; use, administration, andnavigation.....162.255
Yazoo Diversion Canal, Vicksburg, Miss., from its mouth 
atKleinston Landing to Fisher Street; navigation..................162.85

                                 M

Maintenance, failure, and reporting...............................164.82
Marine casualty reporting and record retention....................164.61
Modification of areas............................................166.110
Modification of schemes...........................................167.15

                                 N

Nationality......................................................160.204
Navigation......................................................Part 164
Bridge visibility.................................................164.15
Equipment, Charts or Maps, and Publications of Towing Vessels of12 
Meters or More in Length....................................Table 164.72
Safety equipment, charts or maps, and publications required 
ontowing vessels..................................................164.72
Tests and inspections.............................................164.80
Tests before entering or getting underway.........................164.25
Underway, general.................................................164.11
Underway, tankers.................................................164.13
Underway, towing vessels..........................................164.78
Navigation safety regulations...................................Part 164
Notifications of Arrivals, Departures, Hazardous
Conditions, and Certain Dangerous Cargoes............Part 160, Subpart C
Applicability and exceptions to applicability...........160.202, 160.203
Definitions......................................................160.204
Notice of hazardous conditions...................................160.215

                                 O

Off New York Traffic Separation Scheme and PrecautionaryAreas...167.150, 
                                                                 167.151
Offshore traffic separation schemes.............................Part 167
Operator.........................................................160.204
Operating rules...................................................167.10

                                 P

Performance and operational requirements..........................168.50
Persons in addition to the crewmembers...........................160.204
Port or place of departure.......................................160.204
Port or place of destination.....................................160.204
Ports and waterways safety--general.............................Part 160
Precautionary areas..................167.151, 167.174, 167.201, 167.350, 
                                               167.401,167.501, 167.1701
Pre-escort conference.............................................168.60
Public vessel....................................................160.204

                                 R

Rate of turn indicator............................................164.42
Regulated navigation areas and limited access areas.............Part 165
Regulated Navigation Areas...........................Part 165, Subpart B
General regulations...............................................165.13

[[Page 871]]

Regulated navigation areas........................................165.10
Vessel operating requirements (regulations).......................165.11
Responsibilities..................................................168.10
Restricted Waterfront Areas..........................Part 165, Subpart E
Restricted waterfront areas.......................................165.40

                                 S

Steering gear: Foreign tankers....................................164.39
Safety Zones..........................................Part 165-Subpart C
General regulations...............................................165.23
Safety zones......................................................165.20
Security Zones........................................Part 165-Subpart D
General regulations...............................................165.33
Security zones....................................................165.30
Specific Regulated Navigation Areas and Limited Access Areas 
                                                       Part165-Subpart F
First Coast Guard District--Boston, MA
Regulated Navigation Areas
Kill Van Kull, New York and New Jersey...........................165.165
Kittery, Maine...................................................165.101
New Haven Harbor, Quinnipiac River, Mill River...................165.150
Providence River, Providence, R.I................................165.122
Safety Zones
Boon Island, ME, sunken vessel Empire Knight.....................165.141
Boston Harbor, Boston, Massachusetts....................165.110, 165.111
Coast Guard Activities New York Fireworks Displays...............165.168
Hudson River, Triathlon, Ulster Landing..........................165.170
Northville Industries Offshore Platform, Riverhead, Long 
Island,New York..................................................165.155
Portland, OR; Large Passenger Vessel Protection, Captain of 
thePort Zone....................................................165.1318
Rhode Island Sound, Narragansett Bay, Providence River...........165.121
USS Cassin Young, Boston Massachusetts...........................165.112
Security Zones
New London Harbor, Connecticut...................................165.140
Sandy Hook Bay, N.J..............................................165.130
Fifth Coast Guard District
Regulated Navigation Areas
Chesapeake Bay Entrance and Hampton Roads, VA and adjacentwaters 
                                                                 165.501
Chesapeake Bay, Maryland.........................................165.500
Delaware Bay and River...........................................165.510
Safety Zones
Cove Point, Chesapeake Bay, Maryland.............................165.502
Cape Fear and Northeast Cape Fear Rivers, NC.....................165.530
Cape Fear River, Wilmington, North Carolina......................165.515
Fireworks Displays within the Fifth Coast Guard District.........165.506
Security Zone
Atlantic Ocean, Chesapeake & Delaware Canal, Delaware Bay,Delaware 
River and its tributaries........................................165.511
Captain of the Port Hampton Roads Zone...........................165.503
Newport News Shipbuilding and Dry Dock Company Shipyard 
JamesRiver, Newport News, VA.....................................165.504
Three Mile Island Generating Station, Susquehanna River, 
DauphinCounty, Pennsylvania......................................165.554
Waters of the Fifth Coast Guard District.........................165.518
Seventh Coast Guard District
Regulated Navigation Areas

[[Page 872]]

Atlantic Ocean, Charleston, SC...................................165.714
King's Bay, Georgia..............................................165.730
Savannah River, Savannah, GA.....................................165.756
Sparkman Channel, Tampa, FL......................................165.752
Tampa Bay, FL....................................................165.753
Safety Zones
Charleston Harbor and Cooper River, Charleston, SC...............165.708
Cumberland Sound, GA and St. Mary's River EntranceChannel........165.731
Jacksonville, FL.................................................165.728
Savannah River, Savannah, GA...................................165.T0704
St. Johns River, Jacksonville, FL................................165.720
Tampa Bay, FL...........................................165.703, 165.704
Security Zones
Charleston Harbor and Cooper River, Charleston, SC...............165.708
Cumberland Sound, GA, and St. Mary's River EntranceChannel.......165.731
HOVENSA REfinery, St. Croix, U.S. Virgin Islands.................165.766
MacDill Air Force Base, Tampa Bay, FL............................165.768
Manbirtee Key, Port of Manatee, FL...............................165.767
Merritt Island, FL, vicinity Kennedy Space Center................165.701
Port Canaveral Harbor, Cape Canaveral, FL........................165.705
Port of Fredericksted, Saint Croix, U.S. Virgin Islands..........165.763
Jacksonville Harbor, FL..........................................165.729
St. John's River, Jacksonville, FL......................165.720, 165.722
Tampa Bay, FL....................................................165.760
Eighth Coast Guard District
Regulated Navigation Areas
Arkansas River, Mile 118.2 to 125.4, Little Rock, AK.............165.817
Atachafalaya River, Berwick Bay, LA..............................165.811
Calcasieu River, LA..............................................165.807
Mississippi River.......................................165.803, 165.810
Ohio River at Cincinnati, OH.....................................165.821
Ohio River at Louisville, KY.....................................165.815
Sabine Neches Waterway, TX.......................................165.806
Safety Zones
Calcasieu Channel and Industrial Canal, Calcasieu River, 
LakeCharles, LA..................................................165.805
Corpus Christi Ship Channel, Corpus Christi, TX..................165.808
Lower Mississippi River, vicinity of Old River ControlStructures 
                                                                 165.802
Snake Island, Texas City, TX; mooring and fleeting ofvessels.....165.804
Security Zones
Captain of the Port St. Louis, Missouri..........................165.825
Port of Mobile, Mobile Ship Channel, Mobile, AL..................165.835
Ninth Coast Guard District
Regulated Navigation Area
Great Lakes......................................................165.901
Port Huron, MI, USCG Station Port Huron, Lake Huron..............165.920
Safety Zones
Captain of the Port Buffalo Zone annual fireworks events.........165.914
Captain of the Port Cleveland Zone annual fireworksevents........165.202
Cuyahoga River and Old River, Cleveland, OH......................165.903
Lake Michigan at Chicago Harbor & Burnham ParkHarbor.............165.904
Niagra River at Niagra Falls, New York...........................165.902
USX Superfund Site, St. Louis River..............................165.905
Security Zone
Lake Michigan at Chicago Harbor & Burnham ParkHarbor.............165.904

[[Page 873]]

Eleventh Coast Guard District
Regulated Navigation Areas
San Diego Bay, CA...............................................165.1108
Safety Zones
Offshore Marine Terminal, El Segundo, CA........................165.1156
San Diego Bay, CA...............................................165.1107
Security Zones
Coronado Bay Bridge, San Diego, CA..............................165.1110
Cruise Ships, Tankers and High Interest Vessels, San Francisco 
Bayand Delta Ports, Monterey Bay and Humboldt Bay, California...165.1183
Military Ocean Terminal Concord (MOTCO), Concord,California.....165.1199
San Diego Bay, CA........165.1102, 165.1103, 165.1104, 165.1105,165.1106
Thirteenth Coast Guard District
Regulated Navigation Areas
Puget Sound, and adjacent waters in NorthwesternWashington......165.1301
Puget Sound and adjacent waters, WA.............................165.1303
Safety Zones
Bellingham Bay, Bellingham, WA..................................165.1304
Columbia River, Vancouver, WA...................................165.1308
Commencement Bay, Tacoma, WA....................................165.1305
Elliot Bay, Seattle, WA.........................................165.1307
Lake Union, Seattle, WA.........................................165.1306
Security Zone
Bangor Naval Submarine Base, Bangor, WA.........................165.1302
Portland Rose Festival on Willamette River......................165.1312
Protection of Military Cargo, Captain of the Port Zone PugetSound, 
WA..............................................................165.1321
Fourteenth Coast Guard District
Regulated Navigation Area
Apra Outer Harbor, Guam.........................................165.1402
Safety Zones
Apra Harbor, Guam...............................................165.1401
Pacific Missle Range Facility (PMRF), Barking Sands, Island 
ofKauai, Hawaii.................................................165.1406
Security Zones
Apra Harbor, Guam...............................................165.1404
Tinian, Commonwealth Northern Marianas Islands..................165.1403
Seventeenth Coast Guard District
Regulated Navigation Area
Prince William Sound, AK........................................165.1704
Safety Zones
Ammunition Island, Port Valdez, AK..............................165.1703
Gastineau Channel, Juneau, AK.........................165.1702, 165.1706
Port Valdez, Valdez, AK.........................................165.1701
Tongass Narrows, Ketchikan, AK..................................165.1708
Shipping Safety Fairways and Anchorages.........................Part 166
Shipping safety fairways and anchorage areas, Gulf of Mexico
Aransas Pass Anchorage Areas...............................166.200(d)(5)
Aransas Pass Safety Fairway................................166.200(d)(4)
Atchafalaya Pass Safety Fairway...........................166.200(d)(20)
Barataria Pass Safety Fairway.............................166.200(d)(24)
Bayou Grand Caillou Safety Fairway........................166.200(d)(21)
Belle Pass Safety Fairway.................................166.200(d)(23)
Biloxi Safety Fairway.....................................166.200(d)(35)
Brazos Santiago Pass Anchorage Areas.......................166.200(d)(2)
Brazos Santiago Pass Safety Fairway........................166.200(d)(1)

[[Page 874]]

Calcasieu Pass Anchorage Areas; (Calcasieu Pass NorthAnchorage 
Area)..................................................166.200(d)(16)(i)
Calcasieu Pass Anchorage Areas; (Calcasieu Pass South 
AnchorageArea)........................................166.200(d)(16)(ii)
Calcasieu Pass Safety Fairway.............................166.200(d)(15)
Cat Island Pass Safety Fairway............................166.200(d)(22)
Charlotte Anchorage.......................................166.200(d)(51)
Charlotte Safety Fairways.................................166.200(d)(50)
Coastwise Safety Fairways; (Aransas Pass to Calcasieu Pass) 
                                                      166.200(d)(14)(ii)
Coastwise Safety Fairways; (Brazos Santiago Pass to AransasPass 
                                                       166.200(d)(14)(i)
Empire to the Gulf Safety Fairway.........................166.200(d)(26)
Freeport Harbor Anchorage Areas............................166.200(d)(9)
Freeport Harbor Safety Fairway.............................166.200(d)(8)
Freshwater Bayou Safety Fairway...........................166.200(d)(18)
Galveston Entrance Anchorage Areas........................166.200(d)(11)
Galveston Entrance Safety Fairway.........................166.200(d)(10)
Gulf Safety Fairway, Aransas Pass Safety Fairway to Southwest 
PassSafety Fairway........................................166.200(d)(27)
Grand Bayou Pass Safety Fairway...........................166.200(d)(25)
Gulfport Safety Fairway...................................166.200(d)(34)
Heald Bank Cutoff Safety Fairway..........................166.200(d)(53)
Horn Island Pass to Mobile Ship Channel Safety Fairway....166.200(d)(38)
Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway 
toSafety Zone.............................................166.200(d)(52)
Lower Mud Lake Safety Fairway.............................166.200(d)(17)
Matagorda Entrance Anchorage Areas.........................166.200(d)(7)
Matagorda Entrance Safety Fairway..........................166.200(d)(6)
Mississippi River-Gulf Outlet Anchorage...................166.200(d)(33)
Mississippi River-Gulf Outlet Channel to Mobile Ship ChannelSafety 
Fairway...............................................166.200(d)(32)(ii)
Mississippi River-Gulf Outlet Safety Fairway...........166.200(d)(32)(i)
Mobile Anchorage..........................................166.200(d)(40)
Mobile Safety Fairway (Mobile Ship Channel Safety Fairway) 
                                                       166.200(d)(39)(i)
Mobile Ship Channel to Sea Safety Fairway.............166.200(d)(39)(ii)
Mobile to Pensacola Safety Fairway...................166.200(d)(39)(iii)
Panama City Anchorage.....................................166.200(d)(45)
Panama City Safety Fairways...............................166.200(d)(44)
Pascagoula Safety Fairway.................................166.200(d)(37)
Pensacola Anchorage....................................166.200(d)(42)(i)
Pensacola Safety Fairway..................................166.200(d)(41)
Pensacola to Panama City Safety Fairway...................166.200(d)(43)
Port Mansfield Safety Fairway..............................166.200(d)(3)
Port St. Joe Anchorage....................................166.200(d)(47)
Port St. Joe Fairway to Panama City Fairway...............166.200(d)(46)
Sabine Bank Offshore (North) Anchorage Area...........166.200(d)(13)(ii)
Sabine Bank Offshore (South) Anchorage Area..........166.200(d)(13)(iii)
Sabine Pass Anchorage Areas; (Sabine Pass Inshore Anchorage Area) 
                                                       166.200(d)(13)(i)
Sabine Pass Safety Fairway................................166.200(d)(12)
Ship Island Pass to Horn Island Pass Safety Fairway.......166.200(d)(36)
South of Gulf Safety Fairway..........................166.200(d)(52)(ii)
South Pass (Mississippi River) Anchorage..................166.200(d)(31)
South Pass (Mississippi River) Safety Fairway; South Pass to 
SeaSafety Fairway......................................166.200(d)(30)(i)
South Pass (Mississippi River) to Mississippi River-Gulf 
OutletChannel Safety Fairway..........................166.200(d)(30)(ii)
Southwest Pass (Mississippi River) Anchorage..............166.200(d)(29)

[[Page 875]]

Southwest Pass Safety Fairway.............................166.200(d)(19)
Southwest Pass (Mississippi River) Safety Fairway; Southwest 
Pass(Mississippi River) to Gulf Safety Fairway.........166.200(d)(28)(i)
Southwest Pass (Mississippi River) to Sea SafetyFairway 
                                                      166.200(d)(28)(ii)
Southwest Pass (Mississippi River) to South Pass 
(MississippiRiver) Safety Fairway....................166.200(d)(28)(iii)
Tampa Anchorages (Eastern Tampa Fairway Anchorage).....166.200(d)(49)(i)
Tampa Safety Fairways.....................................166.200(d)(48)
Western Tampa Fairway Anchorage.......................166.200(d)(49)(ii)
South-eastern approach...........................................167.154
Southern approach.......................................167.155, 167.203

                                 T

Time Charterer...................................................160.204
Towing of barges................................................Part 163
Tows of seagoing barges within inland waters......................163.05

                                 V

Vessel Movement Reporting System (VMRS)..............Part 161, Subpart B
Applicability.....................................................161.16
Definitions.......................................................161.17
Final Report (FR).................................................161.22
IMO Standard Ship Reporting System.............................161.18(a)
Position Report (PR)..............................................161.20
Purpose and intent................................................161.15
Reporting requirements............................................161.18
Sailing Plan (SP).................................................161.19
Vessel traffic management.......................................Part 161
Vessel Traffic Services..............................Part 161, Subpart A
General Rules
Applicability......................................................161.3
Definitions........................................................161.2
Deviations from the rules..........................................161.5
Purpose and Intent.................................................161.1
Requirement to carry the rules.....................................161.4
Services, VTS Measures, and Operating Requirements Services.....Part161, 
                                                               Subpart A
Vessel operating requirements.....................................161.12
VTS measures......................................................161.11
VTS Special Area operating requirements...........................161.13
Vessel Traffic Service Areas, Cooperative Vessel Traffic
Service Area, Vessel Traffic Service Special Areas, and 
ReportingPoints......................................Part 161, Subpart C
Vessel Traffic Service
Berwick Bay.......................................................161.40
Berwick Bay Reporting Points...................................161.40(c)
Houston/Galveston.................................................161.35
Houston/Galveston Precautionary Areas..........................161.35(b)
Houston/Galveston Reporting Points.............................161.35(c)
Louisville........................................................161.30
New York Area.....................................................161.25
San Francisco.....................................................161.50
St. Marys River...................................................161.45
St. Marys River Reporting Points...............................161.45(b)
Prince William Sound..............................................161.60
Prince William Sound Reporting Points..........................161.60(d)

[[Page 876]]

Puget Sound and the Cooperative Vessel Traffic Service forthe Juan 
de Fuca Region....................................................161.55
Voyage Charterer.................................................160.204

[[Page 877]]



                       SUBCHAPTERS Q	R [RESERVED]





                       SUBCHAPTER S_BOATING SAFETY





PART 173_VESSEL NUMBERING AND CASUALTY ANDACCIDENT REPORTING--Table of Contents




                            Subpart A_General

Sec.
173.1 Purpose.
173.3 Definitions.

                           Subpart B_Numbering

173.11 Applicability.
173.13 Exemptions.
173.15 Vessel number required.
173.17 Reciprocity.
173.19 Other numbers prohibited.
173.21 Certificate of number required.
173.23 Inspection of certificate.
173.25 Location of certificate of number.
173.27 Numbers: Display; size; color.
173.29 Notification to issuing authority.
173.31 Surrender of certificate of number.
173.33 Removal of number.
173.35 Coast Guard validation sticker.

                Subpart C_Casualty and Accident Reporting

173.51 Applicability.
173.53 Immediate notification of death or disappearance.
173.55 Report of casualty or accident.
173.57 Contents of report.
173.59 Where to submit report.

                Subpart D_Issue of Certificate of Number

173.71 Application for certificate of number.
173.73 Duplicate certificate of number.
173.75 Temporary certificate.
173.77 Validity of certificate of number.
173.79 Expiration of Coast Guard certificate of number.
173.81 Coast Guard forms for numbering and casualtyreporting.
173.83 Availability of Coast Guard forms.
173.85 Fees levied by the Coast Guard.

Appendix A to Part 173--Issuing Authorities andReporting Authorities

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2110, 6101, 12301,12302; OMB 
Circular A-25; Department of Homeland SecurityDelegation No. 0170.

    Source: CGD 72-54R, 37 FR 21399, Oct. 7, 1972,unless otherwise 
noted.



                            Subpart A_General



Sec. 173.1  Purpose.

    This part prescribes requirements for numbering vessels and 
forreporting casualties and accidents to implement sections 6101, 
6102,12301 and 12302 of Title 46, United States Code.

[CGD 89-048, 54 FR 27002, June 27, 1989, as amended byUSCG-2003-15404, 
68 FR 37741, June 25, 2003]



Sec. 173.3  Definitions.

    As used in this part:
    (a) [Reserved]
    (b) Issuing authority means a State that has a numberingsystem 
approved by the Coast Guard or the Coast Guard where a numbersystem has 
not been approved. Issuing authorities are listed inAppendix A of this 
part.
    (c) Operator means the person who is in control or in chargeof a 
vessel while it is in use.
    (d) Owner means a person who claims lawful possession of avessel by 
virtue of legal title or equitable interest therein whichentitles him to 
such possession.
    (e) Person means an individual, firm, partnership,corporation, 
company, association, joint-stock association, orgovernmental entity and 
includes a trustee, receiver, assignee, orsimilar representative of any 
of them.
    (f) Reporting authority means a State that has a numberingsystem 
approved by the Coast Guard or the Coast Guard where anumbering system 
has not been approved. Reporting authorities arelisted in Appendix A of 
this part.
    (g) State means a State of the United States, theCommonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa,the Commonwealth 
of the Northern Mariana Islands, and the District ofColumbia.
    (h) State of principal use means the State on whose waters avessel 
is used or to be used most during a calendar year.

[[Page 878]]

    (i) Use means operate, navigate, or employ.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byCGD 77-117A, 43 FR 
17941, Apr. 27, 1978; CGD 89-048, 54FR 2702, June 27, 1989; USCG-2008-
0179, 73 FR 35024,June 19, 2008]



                           Subpart B_Numbering



Sec. 173.11  Applicability.

    This subpart applies to each vessel equipped with 
propulsionmachinery of any type used on waters subject to the 
jurisdiction ofthe United States and on the high seas beyond the 
territorial seas forvessels owned in the United States except:
    (a) Foreign vessels temporarily using waters subject to 
U.S.jurisdiction;
    (b) Military or public vessels of the United States, 
exceptrecreational-type public vessels;
    (c) A vessel whose owner is a State or subdivision thereof, whichis 
used principally for governmental purposes, and which is 
clearlyidentifiable as such;
    (d) Ships' lifeboats;
    (e) A vessel which has or is required to have a valid marinedocument 
as a vessel of the United States.



Sec. 173.13  Exemptions.

    Where the Coast Guard issues numbers, the following classes 
ofvessels are exempt, under Section 12303 of Title 46, United 
StatesCode, from the numbering provisions of Sections 12301 and 12302 
ofTitle 46, United States Code, and this part:
    (a) A vessel that is used exclusively for racing.
    (b) A vessel equipped with propulsion machinery of less than 
10horsepower that:
    (1) Is owned by the owner of a vessel for which a validcertificate 
of number has been issued;
    (2) Displays the number of that numbered vessel followed by 
thesuffix ``1'' in the manner prescribed inSec. 173.27; and
    (3) Is used as a tender for direct transportation between thatvessel 
and the shore and for no other purpose.



Sec. 173.15  Vessel number required.

    (a) Except as provided in Sec. 173.17, no person may usea vessel to 
which this part applies unless:
    (1) It has a number issued on a certificate of number by theissuing 
authority in the State in which the vessel is principallyused; and
    (2) The number is displayed as described in Sec. 173.27.
    (b) This section does not apply to a vessel for which a 
validtemporary certificate has been issued to its owner by the 
issuingauthority in the State in which the vessel is principally used.



Sec. 173.17  Reciprocity.

    (a) Section 12302(c) of Title 46, United States Code, states:

    When a vessel is numbered in a State, it is deemed in compliancewith 
the numbering system of a State in which it temporarily isoperated.

    (b) Section 12302(d) of Title 46, United States Code, states:

    When a vessel is removed to a new State of principal operation,the 
issuing authority of that State shall recognize the validity ofthe 
number issued by the original State for 60 days.

[CGD 89-048, 54 FR 27002, June 27, 1989]



Sec. 173.19  Other numbers prohibited.

    No person may use a vessel to which this part applies that has 
anynumber that is not issued by an issuing authority for that vessel 
onits forward half.



Sec. 173.21  Certificate of number required.

    (a) Except as provided in Sec. Sec. 173.13 and 173.17,no person may 
use a vessel to which this part applies unless it has onboard:
    (1) A valid certificate of number or temporary certificate forthat 
vessel issued by the issuing authority in the State in which thevessel 
is principally used; or
    (2) For the vessel described in paragraph (b) of this section, acopy 
of the lease or rental agreement, signed by the owner or his orher 
authorized representative and by the person leasing or renting 
thevessel, that contains at least:
    (i) The vessel number that appears on the certificate of number;and
    (ii) The period of time for which the vessel is leased or rented.

[[Page 879]]

    (b) Section 12304(a) of Title 46, United States Code, statesin part: 
The certificate of number for a vessel less than 26 feet inlength and 
leased or rented to another for the latter's noncommercialoperation of 
less than 7 days may be retained on shore by the vessel'sowner or 
representative at the place from which the vessel departs orreturns to 
the possession of the owner or the owner's representative.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byCGD 77-117A, 43 FR 
17941, Apr. 27, 1978; CGD 89-048, 54FR 27002, June 27, 1989; USCG-2003-
15404, 68 FR 37742,June 25, 2003]



Sec. 173.23  Inspection of certificate.

    Each person using a vessel to which this part applies shallpresent 
the certificate or lease or rental agreement required bySec. 173.21 to 
any Federal, State, or local law enforcementofficer for inspection at 
his or her request.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byUSCG-2003-15404, 68 
FR 37742, June 25, 2003]



Sec. 173.25  Location of certificate of number.

    No person may use a vessel to which this part applies unless 
thecertificate or lease or rental agreement required bySec. 173.21 is 
carried on board in such a manner that it canbe handed to a person 
authorized under Sec. 173.23 toinspect it.



Sec. 173.27  Numbers: Display; size; color.

    (a) Each number required by Sec. 173.15 must:
    (1) Be painted on or permanently attached to each side of theforward 
half of the vessel except as allowed by paragraph (b) orrequired by 
paragraph (c) of this section;
    (2) Be in plain vertical block characters of not less than 3inches 
in height;
    (3) Contrast with the color of the background and be 
distinctlyvisible and legible;
    (4) Have spaces or hyphens that are equal to the width of a 
letterother than ``I'' or a number other than ``1''between the letter 
and number groupings (Example: DC 5678 EF orDC-5678-EF); and
    (5) Read from left to right.
    (b) When a vessel is used by a manufacturer or by a dealer 
fortesting or demonstrating, the number may be painted on or attached 
toremovable plates that are temporarily but firmly attached to each 
sideof the forward half of the vessel.
    (c) On vessels so configured that a number on the hull 
orsuperstructure would not be easily visible, the number must be 
paintedon or attached to a backing plate that is attached to the forward 
halfof the vessel so that the number is visible from each side of 
thevessel.
    (d) Each number displayed on a tender exempted underSec. 173.13 
must meet the requirements of paragraph (a) ofthis section and have a 
space or hyphen that is equal to the width ofa letter other than ``I'' 
or a number other than``1'' between the suffix and the number. (Example: 
DC 5678EF 1 or DC-5678-EF-1.)



Sec. 173.29  Notification to issuing authority.

    A person whose name appears as the owner of a vessel on acertificate 
of number shall, within 15 days, notify the issuingauthority in a manner 
prescribed by the issuing authority of:
    (a) Any change in his or her address;
    (b) The theft or recovery of the vessel;
    (c) The loss or destruction of a valid certificate of number;
    (d) The transfer of all or part of his or her interest in thevessel; 
and
    (e) The destruction or abandonment of the vessel.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byUSCG-2003-15404, 68 
FR 37742, June 25, 2003]



Sec. 173.31  Surrender of certificate of number.

    A person whose name appears as the owner of a vessel on acertificate 
of number shall surrender the certificate in a mannerprescribed by the 
issuing authority within 15 days after it becomesinvalid under paragraph 
(b), (c), (d), or (e) ofSec. 173.77.



Sec. 173.33  Removal of number.

    The person whose name appears on a certificate of number as theowner 
of a vessel shall remove the number and

[[Page 880]]

validation stickerfrom the vessel when:
    (a) The vessel is documented by the Coast Guard;
    (b) The certificate of number is invalid under paragraph (c) ofSec. 
173.77; or
    (c) The vessel is no longer principally used in the State wherethe 
certificate was issued.



Sec. 173.35  Coast Guard validation sticker.

    No person may use a vessel except a vessel exempted inSec. 173.13 
that has a number issued by the Coast Guardunless it has the validation 
sticker issued with the certificate ofnumber displayed within 6 inches 
of the number.



                Subpart C_Casualty and Accident Reporting



Sec. 173.51  Applicability.

    (a) This subpart applies to each vessel used on waters subject tothe 
jurisdiction of the United States and on the high seas beyond 
theterritorial seas for vessels owned in the United States that:
    (1) Is used by its operator for recreational purposes; or
    (2) Is required to be numbered under this part.
    (b) This subpart does not apply to a vessel subject to 
inspectionunder Title 46 U.S.C. Chapter 33.

[CDG 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byCDG 84-099, 52 FR 
47533, Dec. 14, 1987]



Sec. 173.53  Immediate notification of death or disappearance.

    (a) When, as a result of an occurrence that involves a vessel orits 
equipment, a person dies or disappears from a vessel, the operatorshall, 
without delay, by the quickest means available, notify thenearest 
reporting authority listed in Appendix A of this part of:
    (1) The date, time, and exact location of the occurrence;
    (2) The name of each person who died or disappeared;
    (3) The number and name of the vessel; and
    (4) The names and addresses of the owner and operator.
    (b) When the operator of a vessel cannot give the notice requiredby 
paragraph (a) of this section, each person on board the vesselshall 
notify the casualty reporting authority or determine that thenotice has 
been given.



Sec. 173.55  Report of casualty or accident.

    (a) The operator of a vessel shall submit the casualty or 
accidentreport prescribed in Sec. 173.57 to the reporting 
authorityprescribed in Sec. 173.59 when, as a result of an 
occurrencethat involves the vessel or its equipment:
    (1) A person dies;
    (2) A person is injured and requires medical treatment beyondfirst 
aid;
    (3) Damage to vessels and other property totals $2,000 or more 
orthere is a complete loss of any vessel;
    (4) A person disappears from the vessel under circumstances 
thatindicate death or injury.
    (b) A report required by this section must be made:
    (1) Within 48 hours of the occurrence if a person dies within 
24hours of the occurrence;
    (2) Within 48 hours of the occurrence if a person is injured 
andrequires medical treatment beyond first aid, or disappears from 
avessel; and
    (3) Within 10 days of the occurrence or death if an earlier reportis 
not required by this paragraph.
    (c) When the operator of a vessel cannot submit the casualty 
oraccident report required by paragraph (a) of this section, the 
ownershall submit the casualty or accident report.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byCGD 76-155, 44 FR 
5308, Jan. 25, 1979; CGD 82-015, 54 FR5610, Feb. 6, 1989; USCG-1999-
6094, 66 FR 21675, May 1,2001; 66 FR 33845, June 26, 2001; USCG-1999-
6094, 67 FR14645, Mar. 27, 2002]



Sec. 173.57  Contents of report.

    Each report required by Sec. 173.55 must be in writing,dated upon 
completion, and signed by the person who prepared it andmust contain, if 
available, at least the following information aboutthe casualty or 
accident:
    (a) The numbers and names of each vessel involved.
    (b) The name and address of each owner of each vessel involved.
    (c) The name of the nearest city or town, the county, the State,and 
the body of water.

[[Page 881]]

    (d) The time and date the casualty or accident occurred.
    (e) The location on the water.
    (f) The visibility, weather, and water conditions.
    (g) The estimated air and water temperatures.
    (h) The name, address, age, or date of birth, telephone 
number,vessel operating experience, and boating safety training of 
theoperator making the report.
    (i) The name and address of each operator of each vessel involved.
    (j) The number of persons on board or towed on skis by eachvessel.
    (k) The name, address, and date of birth of each person injured 
orkilled.
    (l) The cause of each death.
    (m) Weather forecasts available to, and weather reports used by,the 
operator before and during the use of the vessel.
    (n) The name and address of each owner of property involved.
    (o) The availability and use of personal flotation devices.
    (p) The type and amount of each fire extinguisher used.
    (q) The nature and extent of each injury.
    (r) A description of all property damage and vessel damage with 
anestimate of the cost of all repairs.
    (s) A description of each equipment failure that caused 
orcontributed to the cause of the casualty.
    (t) A description of the vessel casualty or accident.
    (u) The type of vessel operation (cruising, drifting, 
fishing,hunting, skiing, racing, or other), and the type of 
accident(capsizing, sinking, fire, or explosion or other).
    (v) The opinion of the person making the report as to the cause 
ofthe casualty, including whether or not alcohol or drugs, or both, wasa 
cause or contributed to causing the casualty.
    (w) The make, model, type (open, cabin, house, or other), beamwidth 
at widest point, length, depth from transom to keel, 
horsepower,propulsion (outboard, inboard, inboard outdrive, sail, or 
other), fuel(gas, diesel, or other), construction (wood, steel, 
aluminum, plastic,fiberglass, or other), and year built (model year), of 
the reportingoperator's vessel.
    (x) The name, address, and telephone number of each witness.
    (y) The manufacturer's hull identification number, if any, of 
thereporting operator's vessel.
    (z) The name, address, and telephone number of the personsubmitting 
the report.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byCGD 84-099, 52 FR 
47533, Dec. 14, 1987;USCG-2003-15404, 68 FR 37742, June 25, 2003]



Sec. 173.59  Where to submit report.

    A report required by Sec. 173.55 must be submitted to:
    (a) The reporting authority listed in Appendix A of this partwhere 
the vessel number was issued, or, if the vessel has no number,where the 
vessel is principally used; or
    (b) The reporting authority where the casualty or accidentoccurred, 
if it occurred outside the State where the vessel isnumbered or 
principally used.



                Subpart D_Issue of Certificate of Number



Sec. 173.71  Application for certificate of number.

    Any person who is the owner of a vessel to whichSec. 173.11 applies 
may apply for a certificate of numberfor that vessel by submitting to 
the issuing authority, listed inAppendix A of this part, where the 
vessel will principally be used:
    (a) An application on a form and in a manner prescribed by 
theissuing authority; and
    (b) The fee required by the issuing authority.



Sec. 173.73  Duplicate certificate of number.

    If a certificate of number is lost or destroyed, the person 
whosename appears on the certificate as the owner may apply for a 
duplicatecertificate by submitting to the issuing authority that issued 
thecertificate:
    (a) An application on a form or in a manner prescribed by theissuing 
authority; and
    (b) The fee required by the issuing authority, if any.

[[Page 882]]



Sec. 173.75  Temporary certificate.

    A temporary certificate valid for not more than 60 days after itis 
issued may be issued by an issuing authority pending the issue of 
acertificate of number. A temporary certificate is not valid after 
thedate that the owner receives the certificate of number from 
theissuing authority.



Sec. 173.77  Validity of certificate of number.

    (a) Except as provided in paragraphs (b), (c), (d), and (e) ofthis 
section, a certificate of number is valid until the date ofexpiration 
prescribed by the issuing authority.
    (b) A certificate of number issued by an issuing authority isinvalid 
after the date upon which:
    (1) The vessel is documented or required to be documented underPart 
67 of Title 46, Code of Federal Regulations;
    (2) The person whose name appears on the certificate of number 
asowner of the vessel transfer all of his or her ownership in thevessel; 
or
    (3) The vessel is destroyed or abandoned.
    (c) A certificate of number issued by an issuing authority isinvalid 
if:
    (1) The application for the certificate of number contains a falseor 
fraudulent statement; or
    (2) The fees for the issuance of the certificate of number are 
notpaid.
    (d) A certificate of number is invalid 60 days after the day onwhich 
the vessel is no longer principally used in the State where 
thecertificate was issued.
    (e) The certificate of number is invalid when the person whosename 
appears on the certificate involuntarily loses his or herinterest in the 
numbered vessel by legal process.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byUSCG-2003-15404, 68 
FR 37742, June 25, 2003]



Sec. 173.79  Expiration of Coast Guard certificate of number.

    A certificate of number issued by the Coast Guard expires 3 
yearsfrom the date it is issued.



Sec. 173.81  Coast Guard forms for numbering and casualty reporting.

    (a) In a State where the Coast Guard is the issuing authority, 
thefollowing Coast Guard forms must be used:
    (1) Each application for a certificate of number or renewal mustbe 
made on two-part Form CG-3876 and 3876A, Application forNumber and 
Temporary Certificate.
    (2) Each notification required by Sec. 173.29(b) must bemade on 
Form CG- 2921, Notification of Change in Status ofVessel.
    (3) Each notification required by Sec. 173.29(a) must bemade on 
Form CG- 3920, Change of Address Notice.
    (4) Each notification required by Sec. 173.29(c) must bemade in 
writing.
    (5) Each application for a duplicate certificate of number must 
bemade on two-part Form CG-3919 and CG-3919A, Applicationfor Duplicate 
Certificate of Number and Temporary DuplicateCertificate.
    (6) Each vessel casualty required to be reported bySec. 173.55 must 
be made on Form CG-3865.
    (b) Each surrender of a certificate of number required bySec. 
173.31 may be made in any form but must contain awritten statement as to 
why the certificate is being surrendered.



Sec. 173.83  Availability of Coast Guard forms.

    In a State where the Coast Guard is the issuing authority, 
formsrequired by Sec. 173.81 are available at all manned CoastGuard 
shore units, except light and loran stations and except for FormCG-3865, 
at all first- and second-class and some third- andfourth-class post 
offices.



Sec. 173.85  Fees levied by the Coast Guard.

    (a) In a State where the Coast Guard is the issuing authority, 
thefees for issuing certificates of number are:
    (1) Original or transferred certificate of number and twovalidation 
stickers--$24.
    (2) Renewed certificate of number and two validationstickers--$16.
    (3) Duplicate certificate of number--$9.
    (4) Replacement of lost or destroyed validationstickers--$9.

[[Page 883]]

    (b) Fees are payable by check or money-order made payable tothe 
``U.S. Coast Guard''; by major credit card (MasterCardor Visa); or, when 
the owner applies in person, in cash.

[USCG-1998-3386, 64 FR 36243, July 6, 1999]



     Sec. Appendix A to Part 173--IssuingAuthorities and Reporting 
                               Authorities

    (a) The State is the issuing authority and reporting authority in:

                                  state

Alabama--AL.
Alaska--AK.
AmericanSamoa--AS.
Arizona--AZ.
Arkansas--AR.
California--CF.
Colorado--CL.
Connecticut--CT.
Delaware--DL.
District of Colum-
 bia--DC.
Florida--FL.
Georgia--GA.
Guam--GU.
Hawaii--HA.
Idaho--ID.
Illinois--IL.
Indiana--IN.
Iowa--IA.
Kansas--KA.
Kentucky--KY.
Louisiana--LA.
Maine--ME.
Maryland--MD.
Massachusetts--MS.
Michigan--MC.
Minnesota--MN.
Mississippi--MI.
Missouri--MO.
Montana--MT.
Nebraska--NB.
Nevada--NV.
New Hampshire--NH.
NewJersey--NJ.
New Mexico--NM.
New York--NY.
North Carolina--NC.
North Dakota--ND.
Northern MarianaIslands--CM.
Ohio--OH.
Oklahoma--OK.
Oregon--OR.
Pennsylvania--PA.
Puerto Rico--PR.
RhodeIsland--RI.
South Carolina--SC.
SouthDakota--SD.
Tennessee--TN.
Texas--TX.
Utah--UT.
Vermont--VT.
Virginia--VA.
VirginIslands--VI.
Washington--WN.
West Virginia--WV.
Wisconsin--WS.
Wyoming--WY.
    (b) The Coast Guard is the issuing authority and reportingauthority 
in:

                                  state

[Reserved]
    (c) The abbreviations following the names of the Statelisted in 
paragraphs (a) and (b) are the two capital letters that mustbe used in 
the number format to denote the State of principal use asprescribed in 
Sec. 174.23 of this chapter.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended byCGD 76-076, 41 FR 
23401, June 10, 1976; CGD 89-048, 54FR 27002, June 27, 1989; USCG-2001-
9286, 66 FR 33642,June 25, 2001]



PART 174_STATE NUMBERING AND CASUALTYREPORTING SYSTEMS--Table of Contents




                            Subpart A_General

Sec.
174.1 Applicability.
174.3 Definitions.
174.5 Requirements for approval.
174.7 Approval procedure.

                 Subpart B_Numbering System Requirements

174.11 Applicability of State numbering system.
174.13 Owner or operator requirements.
174.14 State numbering system optional sections.
174.15 Validation stickers.
174.17 Contents of application for certificate of number.
174.19 Contents of a certificate of number.
174.21 Contents of temporary certificate.
174.23 Form of number.
174.25 Size of certificate of number.
174.27 Duration of certificate of number.
174.29 Temporary certificate of number.
174.31 Terms imposed by States for numbering of vessels.

            Subpart C_Casualty Reporting System Requirements

174.101 Applicability of State casualty reporting system.
174.103 Administration.
174.105 Owner or operator casualty reporting requirements.
174.106 State casualty reporting system optional sections.
174.107 Contents of casualty or accident report form.

                         Subpart D_State Reports

174.121 Forwarding of casualty or accident reports.
174.123 Annual report of numbered vessels.
174.125 Coast Guard address.

    Authority: 46 U.S.C. 6101 and 12302; Department ofHomeland Security 
Delegation No. 0170.1 (92).

    Source: CGD 72-54R, 37 FR 21402, Oct. 7, 1972,unless otherwise 
noted.



                            Subpart A_General



Sec. 174.1  Applicability.

    This part establishes a standard numbering system for vessels anda

[[Page 884]]

uniform vessel casualty reporting system for vessels byprescribing 
requirements applicable to the States for the approval ofState numbering 
systems.



Sec. 174.3  Definitions.

    As used in this part:
    Operator means the person who is in control or in charge ofa vessel 
while it is in use.
    Owner means a person who claims lawful possession of avessel by 
virtue of legal title or equitable interest therein whichentitles him or 
her to such possession.
    Reporting authority means a State where a numbering systemhas been 
approved by the Coast Guard or the Coast Guard where anumbering system 
has not been approved. Reporting authorities arelisted in Appendix A of 
Part 173 of this chapter.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended byCGD 96-026, 61 FR 
33669, June 28, 1996; CGD 97-023, 62FR 33365, June 19, 1997; USCG-2003-
15404, 68 FR 37742,June 25, 2003]



Sec. 174.5  Requirements for approval.

    The Commandant approves a State numbering system if he or shefinds, 
after examination of the information submitted by a State, thatthe State 
numbering system and vessel casualty reporting system meetthe 
requirements of this part, 46 U.S.C. 6102, and 46 U.S.C. Chapter123.

[CGD 97-023, 62 FR 33365, June 19, 1997, as amended byUSCG-1998-3799, 63 
FR 35533, June 30, 1998;USCG-2003-15404, 68 FR 37742, June 25, 2003]



Sec. 174.7  Approval procedure.

    To obtain approval by the Commandant of a numbering system or ofany 
revision to a numbering system, an authorized representative ofthe State 
must submit three copies of the State laws, regulations,forms, and 
policy statements, if any, that pertain to the numberingsystem or 
revision to Office of Auxiliary and Boating Safety (CG-542),2100 Second 
Street SW., Washington, DC 20593-0001.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended byCGD 82-010, 48 FR 
8273, Feb. 28, 1983; CGD 88-052, 53 FR25122, July 1, 1988; CGD 96-026, 
61 FR 33669, June 28, 1996;USCG-2008-0179, 73 FR 35024, June 19, 2008]



                 Subpart B_Numbering System Requirements



Sec. 174.11  Applicability of State numbering system.

    (a) Except as allowed in paragraph (c) of this section, a 
Statenumbering system must require the numbering of vessels to 
whichSec. 173.11 of this chapter applies.
    (b) A State numbering system may require the numbering of anyvessel 
subject to the jurisdiction of the State unless prohibited bythe 
regulations in Part 173 of this chapter.
    (c) A State numbering system may exempt from its 
numberingrequirements any vessel or class of vessels to whichSec. 
173.13 of this chapter applies.



Sec. 174.13  Owner or operator requirements.

    A State numbering system must contain the requirements applicableto 
an owner or a person operating a vessel that are prescribed in 
thefollowing sections of Part 173:
    (a) Paragraph (a) of Sec. 173.15 Vessel numberrequired.
    (b) Section 173.19 Other numbers prohibited.
    (c) Paragraph (a) of Sec. 173.21 Certificate ofnumber required.
    (d) Section 173.23 Inspection of certificate.
    (e) Section 173.25 Location of certificate of number.
    (f) Section 173.29 Notification of issuing authority.
    (g) Section 173.71 Application for certificate of number.
    (h) Section 173.73 Duplicate certificate of number.
    (i) Section 173.77 Validity of certificate of number.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46(n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979]



Sec. 174.14  State numbering system optional sections.

    In addition to the requirements in Sec. 174.13, a Statenumbering 
system may contain any of the other requirements

[[Page 885]]

applicable to a vessel owner or operator prescribed in Part 173.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46(n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979, as amended byUSCG-1999-5832, 64 
FR 34715, June 29, 1999]



Sec. 174.15  Validation stickers.

    (a) If a State issues validation stickers, its numbering systemmust 
contain the requirements that stickers must be displayed within 6inches 
of the number and the stickers must meet the requirements inparagraphs 
(b) and (c) of this section.
    (b) Validation stickers must be approximately 3 inches square.
    (c) The year in which each validation sticker expires must 
beindicated by the colors, blue, international orange, green, and red,in 
rotation beginning with blue for stickers that expire in 1973.



Sec. 174.17  Contents of application for certificate of number.

    (a) Each form for application for a certificate of number 
mustcontain the following information:
    (1) Name of the owner.
    (2) Address of the owner, including ZIP code.
    (3)-(4) [Reserved]
    (5) State in which vessel is or will be principally used.
    (6) The number previously issued by an issuing authority for 
thevessel, if any.
    (7) Whether the application is for a new number, renewal of anumber, 
or transfer of ownership.
    (8) Whether the vessel is used for pleasure, rent or lease, dealeror 
manufacturer demonstration, commercial passenger carrying,commercial 
fishing, or other commercial use.
    (9) Make of vessel.
    (10) Year vessel was manufactured or model year.
    (11) Manufacturer's hull identification number, if any.
    (12) Overall length of vessel.
    (13) Type of vessel (open, cabin, house, or other).
    (14) Whether the hull is wood, steel, aluminum, fiberglass,plastic, 
or other.
    (15) Whether the propulsion is inboard, outboard, inboard-outdrive, 
sail or other.
    (16) Whether the fuel is gasoline, diesel, or other.
    (17) The signature of the owner.
    (b) An application made by a manufacturer or dealer for a numberthat 
is to be temporarily affixed to a vessel for demonstration ortest 
purposes may omit items 9 through 16 of paragraph (a) of thissection.
    (c) An application made by a person who intends to lease or rentthe 
vessel without propulsion machinery may omit items 15 and 16 ofparagraph 
(a) of this section.

[CGD 79-087, 47 FR 8176, Feb. 25, 1982]



Sec. 174.19  Contents of a certificate of number.

    (a) Except as allowed in paragraphs (b), (c), and (d) of 
thissection, each certificate of number must contain the 
followinginformation:
    (1) Number issued to the vessel.
    (2) Expiration date of the certificate.
    (3) State of principal use.
    (4) Name of the owner.
    (5) Address of owner, including ZIP code.
    (6) Whether the vessel is used for pleasure, rent or lease, dealeror 
manufacturer demonstration, commercial passenger carrying,commercial 
fishing or other commercial use.
    (7) Manufacturer's hull identification number (if any).
    (8) Make of vessel.
    (9) Year vessel was manufactured.
    (10) Overall length of vessel.
    (11) Whether the vessel is an open boat, cabin cruiser, houseboat,or 
other type.
    (12) Hull material.
    (13) Whether the propulsion is inboard, outboard, inboard-outdrive, 
or sail.
    (14) Whether the fuel is gasoline, diesel, or other.
    (b) A certificate of number issued to a vessel that has 
amanufacturer's hull identification number assigned, may omit items 
8through 14 of paragraph (a) of this section if the manufacturer's 
hullidentification number is plainly marked on the certificate.
    (c) A certificate of number issued to a manufacturer or dealer tobe 
used on a vessel for test or demonstration purposes may omit items7 
through 14 of paragraph (a) of this section if the

[[Page 886]]

word``manufacturer'' or ``dealer'' is plainlymarked on the certificate.
    (d) A certificate of number issued to a vessel that is to berented 
or leased without propulsion machinery may omit items 13 and 14of 
paragraph (a) of this section if the words ``liveryvessel'' are plainly 
marked on the certificate.
    (e) An issuing authority may print on the certificate of number 
aquotation of the State regulations pertaining to change of ownershipor 
address, documentation, loss, discovery of vessel, carriage of 
thecertificate of number on board when the vessel is in use, 
renderingaid in a vessel accident, and reporting of vessel casualties 
andaccidents.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46(n)(1))

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended byCGD 77-117, 44 FR 
42195, July 19, 1979;USCG-1999-5832, 64 FR 34715, June 29, 1999]



Sec. 174.21  Contents of temporary certificate.

    A temporary certificate issued pending the issuance of acertificate 
of number must contain the following information:
    (a) Make of vessel.
    (b) Length of vessel.
    (c) Type of propulsion.
    (d) State in which vessel is principally used.
    (e) Name of owner.
    (f) Address of owner, including ZIP code.
    (g) Signature of owner.
    (h) Date of issuance.
    (i) Notice to the owner that the temporary certificate is 
invalidafter 60 days from the date of issuance.



Sec. 174.23  Form of number.

    (a) Each number must consist of two capital letters denoting 
theState of the issuing authority, as specified in Appendix A of Part 
173of this chapter, followed by--
    (1) Not more than four numerals followed by not more than twocapital 
letters (example: NH 1234 BD); or
    (2) Not more than three numerals followed by not more than 
threecapital letters (example: WN 567 EFG).
    (b) A number suffix must not include the letters``I'', ``O'', or 
``Q,'' which maybe mistaken for numerals.



Sec. 174.25  Size of certificate of number.

    Each certificate of number must be approximately 2\1/2\ by 3\1/
2\inches.



Sec. 174.27  Duration of certificate of number.

    A certificate of number must not be valid for more than 3 years.



Sec. 174.29  Temporary certificate of number.

    A State may issue a temporary certificate of number that iseffective 
for not more than 60 days.



Sec. 174.31  Terms imposed by States for numbering of vessels.

    A State numbering system may condition the issuance of acertificate 
of number on--
    (a) Title to, or other proof of ownership of a vessel except 
arecreational-type public vessel of the United States; or
    (b) Proof of liability insurance for a vessel except arecreational-
type public vessel of the United States; or
    (c) The payment of State or local taxes, except for arecreational-
type public vessel of the United States.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended byUSCG-2003-15708, 70 
FR 13105, Mar. 18, 2005]



            Subpart C_Casualty Reporting System Requirements



Sec. 174.101  Applicability of State casualty reporting system.

    (a) A State casualty reporting system must require the reportingof 
vessel casualties and accidents involving vessels to whichSec. 173.51 
of this chapter applies.
    (b) The State casualty reporting system may also require 
vesselcasualty or accident reports for property damage in amounts less 
thanthat required under Sec. 173.55 of this chapter.

(46 U.S.C. 1486; 49 CFR 1.46(n)(1))

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended byCGD 76-155, 44 FR 
5309, Mar. 25, 1979; CGD 82-015, 54 FR5610, Feb. 6, 1989]

[[Page 887]]



Sec. 174.103  Administration.

    The State casualty reporting system must be administered by aState 
agency that--
    (a) Will provide for the reporting of all casualties and 
accidentsprescribed in Sec. 173.55 of this chapter;
    (b) Receives reports of vessel casualties or accidents required 
inSec. 174.101;
    (c) Reviews each accident and casualty report to assure theaccuracy 
and completeness of each report;
    (d) Determines the cause of casualties and accidents reportedbased 
on information available and indicates the apparent cause on thecasualty 
report or on an attached page;
    (e) Notifies the Coast Guard, in writing, when a problem area 
inboating safety peculiar to the State is determined, together, 
withcorrective measures instituted or recommended; and
    (f) Reports on vessel numbering and vessel casualties andaccidents 
as required in Subpart D of this part.

(46 U.S.C. 1486; 49 CFR 1.46(n)(1))

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended byCGD 76-155, 44 FR 
5309, Mar. 25, 1979]



Sec. 174.105  Owner or operator casualty reporting requirements.

    A State casualty reporting system must contain the 
followingrequirements of Part 173 applicable to an owner or a person 
operatinga vessel:
    (a) Section 173.55 Report of casualty or accident.
    (b) Section 173.57 Casualty or accident report.
    (c) Section 173.59 Where to report.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46 (n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979]



Sec. 174.106  State casualty reporting system optional sections.

    In addition to the requirements in Sec. 174.105, a Statecasualty 
reporting system may contain any of the other requirementsapplicable to 
a vessel owner or operator prescribed in Part 173.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46 (n)(1))

[CGD 77-117, 44 FR 42195, July 19, 1979, as amended byUSCG-1999-5832, 64 
FR 34715, June 29, 1999]



Sec. 174.107  Contents of casualty or accident report form.

    Each form for reporting a vessel casualty or accident must 
containthe information required in Sec. 173.57 of this chapter.



                         Subpart D_State Reports



Sec. 174.121  Forwarding of casualty or accident reports.

    Within 30 days of the receipt of a casualty or accident report,each 
State that has an approved numbering system must forward a copyof that 
report to the Commandant (CG-5422), U.S. Coast Guard, 2100Second Street, 
SW., Washington, DC 20593-0001.

[USCG-1998-3799, 63 FR 35533, June 30, 1998, asamended by USCG-2004-
18057, 69 FR 34926, June 23, 2004;USCG-2008-0179, 73 FR 35024, June 19, 
2008]



Sec. 174.123  Annual report of numbered vessels.

    Before March 1 of each year, each State that has an 
approvednumbering system must prepare and submit Coast Guard FormCGHQ-
3923, Report of Certificates of Number Issued to Boats, tothe Coast 
Guard.



Sec. 174.125  Coast Guard address.

    The report required by Sec. 174.123 must be sent to theOffice of 
Auxiliary and Boating Safety (CG-542), 2100 Second StreetSW., 
Washington, DC 20593-0001.

[CGD 88-052, 53 FR 25122, July 1, 1988, as amended byCGD 96-026, 61 FR 
33669, June 28, 1996;USCG-2008-0179, 73 FR 35024, June 19, 2008]



PART 175_EQUIPMENT REQUIREMENTS--Table of Contents




                            Subpart A_General

Sec.
175.1 Applicability.
175.3 Definitions.
175.5 Exemption from preemption.

                  Subpart B_Personal Flotation Devices

175.11 Applicability.
175.13 Definitions.
175.15 Personal flotation devices required.
175.17 Exemptions.
175.19 Stowage.

[[Page 888]]

175.21 Condition; size and fit; approval marking.
175.23 Serviceable conditions.
175.25 Enforcement of State requirements for children towear personal 
          flotation devices.

                    Subpart C_Visual Distress Signals

175.101 Applicability.
175.105 Definitions.
175.110 Visual distress signals required.
175.113 Launchers.
175.115 Exceptions.
175.120 Stowage.
175.125 Serviceability.
175.128 Marking.
175.130 Visual distress signals accepted.
175.135 Existing equipment.
175.140 Prohibited use.

                          Subpart D_Ventilation

175.201 Ventilation.

    Authority: 46 U.S.C. 4302; Department of HomelandSecurity Delegation 
No. 0170.1.

    Source: CGD 72-120R, 38 FR 8115, Mar. 28, 1973,unless otherwise 
noted.



                            Subpart A_General



Sec. 175.1  Applicability.

    This part prescribes rules governing the use of boats on 
waterssubject to the jurisdiction of the United States and on the high 
seasbeyond the territorial seas for boats owned in the United 
Statesexcept:
    (a) Foreign boats temporarily using waters subject to 
U.S.jurisdiction;
    (b) Military or public boats of the United States, 
exceptrecreational-type public vessels;
    (c) A boat whose owner is a State or subdivision thereof, which 
isused principally for governmental purposes, and which is 
clearlyidentifiable as such;
    (d) Ship's lifeboats.
    (e) Seaplanes on the water.

[CGD 72-120R, 38 FR 8115, Mar. 28, 1973, as amended byCGD 92-045, 58 FR 
41607, Aug. 4, 1993]



Sec. 175.3  Definitions.

    As used in this part:
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the 
latter'snoncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to 
therequirements of 46 CFR chapter I, subchapter C.
    Passenger means an individual carried on a vesselexcept--
    (1) The owner or an individual representative of the owner or, inthe 
case of a vessel chartered without a crew, an individualcharterer, or an 
individual representative of the charterer;
    (2) The master or operator of a recreational vessel; or
    (3) A member of the crew engaged in the business of the vessel,who 
has not contributed consideration for carriage, and who is paidfor 
onboard services.
    Racing shell, rowing scull, racing canoe, and racing kayakmeans a 
manually propelled vessel that is recognized by national orinternational 
racing associations for use in competitive racing andone in which all 
occupants row, scull, or paddle, with the exceptionof a coxswain, if one 
is provided, and is not designed to carry anddoes not carry any 
equipment not solely for competitive racing.
    Recreational vessel means any vessel being manufactured oroperated 
primarily for pleasure, or leased, rented, or chartered toanother for 
the latter's pleasure. It does not include a vesselengaged in the 
carriage of passengers-for-hire as defined in 46 CFRchapter I, 
subchapter C, or in other subchapters of this title.
    Sailboard means a sail propelled vessel with no freeboardand 
equipped with a swivel mounted mast not secured to a hull by guysor 
stays.
    State means a State or Territory of the United States ofAmerica, 
whether a State of the United States, American Samoa, theCommonwealth of 
the Northern Marianas Islands, the District ofColumbia, Guam, Puerto 
Rico, or the United States Virgin Islands.
    Use means operate, navigate, or employ.
    Vessel includes every description of watercraft used orcapable of 
being used as a means of transportation on the water.

[CGD 92-045, 58 FR 41607, Aug. 4, 1993, as amended byUSCG-1999-5040, 67 
FR 34759, May 15, 2002;USCG-2000-8589, 67 FR 42493, June 24, 2002]

[[Page 889]]



Sec. 175.5  Exemption from preemption.

    The States are exempted from preemption by Federal regulationswhen 
establishing, continuing in effect, or enforcing State laws 
andregulations on the wearing or the carriage of personal 
flotationdevices directly related to the following subject areas within 
thejurisdictional boundaries of the State:
    (a) Children on board any vessel;
    (b) Operating a canoe or kayak;
    (c) Operating a sailboard; and
    (d) Operating a personal watercraft.

[CGD 92-045, 58 FR 41608, Aug. 4, 1993]



                  Subpart B_Personal Flotation Devices



Sec. 175.11  Applicability.

    This subpart applies to all recreational vessels that arepropelled 
or controlled by machinery, sails, oars, paddles, poles, oranother 
vessel.

[CGD 92-045, 58 FR 41608, Aug. 4, 1993]



Sec. 175.13  Definitions.

    As used in this subpart:
    (a) ``Personal flotation device'' means a device thatis approved by 
the Commandant under 46 CFR Part 160.
    (b) ``PFD'' means ``personal flotationdevice''.



Sec. 175.15  Personal flotation devices required.

    Except as provided in Sec. 175.17 and 175.25:
    (a) No person may use a recreational vessel unless at least onePFD 
of the following types is on board for each person:
    (1) Type I PFD;
    (2) Type II PFD; or
    (3) Type III PFD.
    (b) No person may use a recreational vessel 16 feet or more inlength 
unless one Type IV PFD is on board in addition to the totalnumber of 
PFDs required in paragraph (a) of this section.
    (c) No person may operate a recreational vessel under way with 
anychild under 13 years old aboard unless each such child iseither--
    (1) Wearing an appropriate PFD approved by the Coast Guard; or
    (2) Below decks or in an enclosed cabin.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended byCGD 92-045, 58 FR 
41608, Aug. 4, 1993;USCG-2000-8589, 67 FR 42493, June 24, 2002]



Sec. 175.17  Exemptions.

    (a) A Type V PFD may be carried in lieu of any PFD required 
underSec. 175.15, provided:
    (1) The approval label on the Type V PFD indicates that the deviceis 
approved:
    (i) For the activity in which the vessel is being used; or
    (ii) As a substitute for a PFD of the Type required on the vesselin 
use;
    (2) The PFD is used in accordance with any requirements on 
theapproval label; and
    (3) The PFD is used in accordance with requirements in its 
owner'smanual, if the approval label makes reference to such a manual.
    (b) Canoes and kayaks 16 feet in length and over are exempted 
fromthe requirements for carriage of the additional Type IV PFD 
requiredunder Sec. 175.15(b).
    (c) Racing shells, rowing sculls, racing canoes and racing kayaksare 
exempted from the requirements for carriage of any Type PFDrequired 
under Sec. 175.15.
    (d) Sailboards are exempted from the requirements for carriage ofany 
Type PFD required under Sec. 175.15.
    (e) Vessels of the United States used by foreign competitors 
whilepracticing for or racing in competition are exempted from the 
carriageof any PFD required under Sec. 175.15, provided the 
vesselcarries one of the sponsoring foreign country's acceptable 
flotationdevices for each foreign competitor on board.

[CGD 92-045, 58 FR 41608, Aug. 4, 1993; 58 FR 51576,Oct. 4, 1993, as 
amended by CGD 97-023, 62 FR 33365, June 19,1997; USCG-1998-3799, 63 FR 
35533, June 30, 1998]



Sec. 175.19  Stowage.

    (a) No person may use a recreational boat unless each Type I, II,or 
III PFD required by Sec. 175.15 of this part, orequivalent type allowed 
by Sec. 175.17 of this part, isreadily accessible.

[[Page 890]]

    (b) No person may use a recreational boat unless each Type IVPFD 
required by Sec. 175.15 of this part, or equivalent typeallowed by 
Sec. 175.17 of this part, is immediatelyavailable.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990]



Sec. 175.21  Condition; size and fit; approval marking.

    No person may use a recreational boat unless each PFD required 
bySec. 175.15 of this part or allowed by Sec. 175.17of this part is:
    (a) In serviceable condition as provided in Sec. 175.23;
    (b) Of an appropriate size and fit for the intended wearer, asmarked 
on the approval label; and
    (c) Legibly marked with its approval number, as specified in 46CFR 
part 160.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended byCGD93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 175.23  Serviceable condition.

    A PFD is considered to be in serviceable condition for purposes 
ofSec. 175.21(a) only if the following conditions are met:
    (a) No PFD may exhibit deterioration that could diminish 
theperformance of the PFD, including--
    (1) Metal or plastic hardware used to secure the PFD on the 
wearerthat is broken, deformed, or weakened by corrosion;
    (2) Webbings or straps used to secure the PFD on the wearer thatare 
ripped, torn, or which have become separated from an attachmentpoint on 
the PFD; or
    (3) Any other rotted or deteriorated structural component thatfails 
when tugged.
    (b) In addition to meeting the requirements of paragraph (a) ofthis 
section, no inherently buoyant PFD, including the inherentlybuoyant 
components of a hybrid inflatable PFD, may exhibit--
    (1) Rips, tears, or open seams in fabric or coatings, that arelarge 
enough to allow the loss of buoyant material;
    (2) Buoyant material that has become hardened, non-
resilient,permanently compressed, waterlogged, oil-soaked, or which 
showsevidence of fungus or mildew; or
    (3) Loss of buoyant material or buoyant material that is notsecurely 
held in position.
    (c) In addition to meeting the requirements of paragraph (a) ofthis 
section, an inflatable PFD, including the inflatable componentsof a 
hybrid inflatable PFD, must be equipped with--
    (1) Except as provided in paragraph (d) of this section, aproperly 
armed inflation mechanism, complete with a full inflationmedium 
cartridge and all status indicators showing that the inflationmechanism 
is properly armed;
    (2) Inflatable chambers that are all capable of holding air;
    (3) Oral inflation tubes that are not blocked, detached, orbroken;
    (4) A manual inflation lanyard or lever that is not 
inaccessible,broken, or missing; and
    (5) Inflator status indicators that are not broken or otherwisenon-
functional.
    (d) The inflation system of an inflatable PFD need not be armedwhen 
the PFD is worn inflated and otherwise meets the requirements 
ofparagraphs (a) and (c) of this section.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 175.25  Enforcement of State requirements for children to wear personalflotation devices.

    (a) This section applies to operators of recreational vessels 
onwaters subject to the jurisdiction of any State that has establishedby 
statute a requirement for children of a certain age to wear 
anappropriate PFD approved by the Coast Guard, while aboard 
arecreational vessel.
    (b) If the applicable State statute establishes any requirementfor 
children of a certain age to wear an appropriate PFD approved bythe 
Coast Guard, then that requirement applies on the waters subjectto the 
State's jurisdiction instead of the requirement provided inSec. 
175.15(c) of this part.

[USCG-2000-8589, 69 FR 45591, July 30, 2004]



                    Subpart C_Visual Distress Signals

    Source: CGD 76-183, 44 FR 73024, Dec. 17, 1979,unless otherwise 
noted.

[[Page 891]]



Sec. 175.101  Applicability.

    This subpart applies to boats on the coastal waters of the 
UnitedStates and on the high seas beyond the territorial seas for 
boatsowned in the United States.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended byUSCG-1998-3799, 63 
FR 35534, June 30, 1998]



Sec. 175.105  Definitions.

    (a) Visual distress signal means a device that is approvedby the 
Commandant under 46 CFR Part 160 or certified by themanufacturer under 
46 CFR Parts 160 and 161.
    (b) Coastal waters means:
    (1) The U.S. waters of the Great Lakes (Lake Erie, Huron,Michigan, 
Ontario, and Superior);
    (2) The territorial seas of the United States; and
    (3) Those waters directly connected to the Great Lakes 
andterritorial seas (i.e., bays, sounds, harbors, rivers, inlets,etc.) 
where any entrance exceeds 2 nautical miles between oppositeshorelines 
to the first point where the largest distance betweenshorelines narrows 
to 2 miles, as shown on the current edition of theappropriate National 
Ocean Service chart used for navigation.Shorelines of islands or points 
of land present within a waterway areconsidered when determining the 
distance between opposite shorelines.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended byCGD 82-073, 49 FR 
7119, Feb. 27, 1984; 49 FR 20815, May 17,1984]



Sec. 175.110  Visual distress signals required.

    (a) No person may use a boat 16 feet or more in length, or anyboat 
operating as an uninspected passenger vessel subject to therequirements 
of 46 CFR chapter I, subchapter C, unless visual distresssignals 
selected from the list in Sec. 175.130 or thealternatives in Sec. 
175.135, in the number required, areonboard. Devices suitable for day 
use and devices suitable for nightuse, or devices suitable for both day 
and night use, must be carried.
    (b) Between sunset and sunrise, no person may use a boat less than16 
feet in length unless visual distress signals suitable for nightuse, 
selected from the list in Sec. 175.130 orSec. 175.135, in the number 
required, are on board.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended byUSCG-1999-5040, 67 
FR 34760, May 15, 2002]



Sec. 175.113  Launchers.

    (a) When a visual distress signal carried to meet the requirementsof 
Sec. 175.110 requires a launcher to activate, then alauncher approved 
under 46 CFR 160.028 must also be carried.



Sec. 175.115  Exceptions.

    The following persons need not comply with Sec. 175.110;however, 
each must carry on board visual distress signals suitable fornight use, 
selected from the list in Sec. 175.130 orSec. 175.135, in the number 
required, between sunset andsunrise:
    (a) A person competing in any organized marine parade, regatta,race, 
or similar event;
    (b) A person using a manually propelled boat; or
    (c) A person using a sailboat of completely open construction, 
notequipped with propulsion machinery, under 26[min] in length.



Sec. 175.120  Stowage.

    No person may use a boat unless the visual distress signalsrequired 
by Sec. 175.110 are readily accessible.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended byUSCG-1999-5832, 64 
FR 34715, June 29, 1999]



Sec. 175.125  Serviceability.

    No person may use a boat unless each signal required bySec. 175.110 
is in serviceable condition and the servicelife of the signal, if 
indicated by a date marked on the signal, hasnot expired.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended byUSCG-1999-5832, 64 
FR 34715, June 29, 1999]



Sec. 175.128  Marking.

    No person may use a boat unless each signal required bySec. 175.110 
is legibly marked with the approval number or

[[Page 892]]

certification statement as specified in 46 CFR Parts 160 and 161.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended byUSCG-1999-5832, 64 
FR 34715, June 29, 1999]



Sec. 175.130  Visual distress signals accepted.

    (a) Any of the following signals, when carried in the 
numberrequired, can be used to meet the requirements ofSec. 175.110:
    (1) An electric distress light meeting the standards of 46 
CFR161.013. One is required to meet the night only requirement.
    (2) An orange flag meeting the standards of 46 CFR 160.072. One 
isrequired to meet the day only requirement.
    (3) Pyrotechnics meeting the standards noted in Table 175.130.
    (b) Any combination of signal devices selected from the typesnoted 
in paragraphs (a) (1), (2) and (3) of this section, when carriedin the 
number required, may be used to meet both day and nightrequirements. 
Examples--the combination of two hand heldred flares (160.021), and one 
parachute red flare (160.024 or 160.036)meets both day and night 
requirements. Three hand held orange smoke(160.037) with one electric 
distress light (161.013) meet both day andnight requirements.

                Table 175.130--Pyrotechnic SignalDevices
------------------------------------------------------------------------
Approval
 number                                                          Number
under 46      Device description       Meets requirement for    required
   CFR
------------------------------------------------------------------------
 160.021  Hand Held Red Flare        Day andNight.............         3
           Distress Signals \3\.
 160.022  Floating Orange Smoke      Day Only.................         3
           Distress Signals.
 160.024  Parachute Red Flare        Day andNight \1\.........         3
           Distress Signals.
 160.036  Hand-Held Rocket-          Day and Night............         3
           Propelled Parachute Red
           Flare DistressSignals.
 160.037  Hand-Held Orange Smoke     Day Only.................         3
           Distress Signals.
 160.057  Floating Orange Smoke      Day Only.................         3
           Distress Signals.
 160.066  Distress Signal for        Day and Night \2\........         3
           Boats, Red Aerial
           PyrotechnicFlare.
------------------------------------------------------------------------
\1\ These signals require use in combination with a suitablelaunching
  device approved under 46 CFR 160.028.
\2\ These devices may be either meteor or parachute assistedtype. Some
  of these signals may require use in combination with asuitable
  launching device approved under 46 CFR 160.028.
\3\ Must have manufacture date of 1 Oct. 1980 or later.


[CGD 81-038-A, 47 FR 24548, June 7, 1982]



Sec. 175.135  Existing equipment.

    Launchers manufactured before 1 January, 1981, which do not 
haveapproval numbers are acceptable for use with meteor or 
parachutesignals listed in Table 175.130 under Sec. 175.130 as longas 
they remain in serviceable condition.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended byCGD 81-038-A, 47 
FR 24548, June 7, 1982;USCG-1998-3799, 63 FR 35534, June 30, 1998]



Sec. 175.140  Prohibited use.

    No person in a boat shall display a visual distress signal onwaters 
to which this subpart applies under any circumstance except asituation 
where assistance is needed because of immediate or potentialdanger to 
the persons on board.



                          Subpart D_Ventilation



Sec. 175.201  Ventilation.

    No person may operate a boat built after July 31, 1980, that has 
agasoline engine for electrical generation, mechanical power, 
orpropulsion unless it is equipped with an operable ventilation 
systemthat meets the requirements of 33 CFR 183.610 (a), (b), (d), (e), 
and(f) and 183.620(a).

[CGD 76-082, 44 FR 73027, Dec. 17, 1979]

[[Page 893]]



PART 177_CORRECTION OF ESPECIALLY HAZARDOUSCONDITIONS--Table of Contents




Sec.
177.01 Purpose and applicability.
177.03 Definitions.
177.04 Order of unsafe condition.
177.05 Action to correct an especially hazardous condition.
177.07 Other unsafe conditions.
177.08 Regulated boating areas.
177.09 Penalties.

    Authority: 46 U.S.C. 4302, 4311; Pub. L. 103-206,107 Stat. 2439; 49 
CFR 1.45 and 1.46.

    Source: CGD 72-71R, 37 FR 13347, July 7, 1972,unless otherwise 
noted.



Sec. 177.01  Purpose and applicability.

    This part prescribes rules to implement section 4308 of Title 
46United States Code which governs the correction of especiallyhazardous 
conditions on recreational vessels and uninspected passengervessels on 
waters subject to the jurisdiction of the United Statesand, for a vessel 
owned in the United States, on the high seas, exceptoperators of:
    (a) Foreign boats temporarily using waters subject to UnitedStates 
jurisdiction;
    (b) Military or public boats of the United States, 
exceptrecreational-type public boats;
    (c) A boat whose owner is a State or subdivision thereof, which 
isused principally for governmental purposes and which is 
clearlyidentifiable as such;
    (d) Ship's lifeboats.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended byCGD 84-099, 52 FR 
47534, Dec. 14, 1987; CGD 84-099, 53FR 13117, April 21, 1988]



Sec. 177.03  Definitions.

    As used in this part:
    (a) [Reserved]
    (b) Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the 
latter'snoncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to 
therequirements of 46 CFR chapter I, subchapter C.
    (c) Coast Guard Boarding Officer means a commissioned,warrant, or 
petty officer of the Coast Guard having authority to boardany vessel 
under the Act of August 4, 1949, 63 Stat. 502, as amended(14 U.S.C. 89).
    (d) Operator means the person who is in control or in chargeof a 
boat while it is in use.
    (e) Use means operate, navigate, or employ.
    (f) Vessel includes every description of watercraft, otherthan a 
seaplane on the water, used or capable of being used as a meansof 
transportation on the water.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended byCDG 84-099, 52 FR 
47534, Dec. 14, 1987;USCG-1999-5040, 67 FR 34760, May 15, 2002]



Sec. 177.04  Order of unsafe condition.

    (a) The Commandant has redelegated to Coast Guard 
DistrictCommanders, with the reservation that this authority shall not 
befurther redelegated, the authority, under 46 U.S.C. 4308, to 
issueorders applicable to a specific boat within the District 
Commander'sjurisdiction designating that boat unsafe for a specific 
voyage on aspecific body of water when it is determined, under the 
provisions ofSec. 177.07(g), that an unsafe condition exists.
    (b) Each order issued by a Coast Guard District Commander underthe 
provisions of paragraph (a) of this section will contain:
    (1) Notice that the person upon whom the order is served has 
theright under the Administrative Procedure Act (5 U.S.C. 553(e)), 
topetition for reconsideration and repeal of the order;
    (2) Full title and address of the Coast Guard District Commanderto 
whom the petition is to be submitted; and
    (3) Notice that the petition should contain:
    (i) The text or substance of the order which the petitioner seeksto 
have reconsidered and repealed;
    (ii) A statement of the action sought by the petitioner;
    (iii) Whatever arguments or data that are available to thepetitioner 
to support the action sought; and
    (iv) An advisement that if the petitioner desires reconsiderationand 
repeal of the rule before a specific date, the petition should sostate 
and give

[[Page 894]]

reasons why action by that date is necessary.
    (c) If a Coast Guard District Commander determines that a 
petitionsubmitted under the provisions of paragraph (b) of this 
sectioncontains adequate justification, the District Commander will 
initiateprompt action to repeal the order. If the District 
Commanderdetermines that repeal of the order is not justified, the 
DistrictCommander will issue prompt written notice of denial to 
thepetitioner.

[CGD 95-057, 60 FR 34150, June 30, 1995]



Sec. 177.05  Action to correct an especially hazardous condition.

    An operator of a boat who is directed by a Coast Guard 
BoardingOfficer to take immediate and reasonable steps necessary for 
thesafety of those aboard the vessel, under section 4308 of Title 
46,United States Code, shall follow the direction of the Coast 
GuardBoarding Officer, which may include direction to:
    (a) Correct the especially hazardous condition immediately;
    (b) Proceed to a mooring, dock, or anchorage; or
    (c) Suspend further use of the boat until the especially 
hazardouscondition is corrected.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended byCDG 84-099, 52 FR 
47534, Dec. 14, 1987]



Sec. 177.07  Other unsafe conditions.

    For the purpose of section 4308 of Title 46, United States 
Code,``other unsafe condition'' means a boat:
    (a) Does not display between sunset and sunrise the navigationlights 
prescribed by the International Regulations for PreventingCollisions at 
Sea, 1972 (72 COLREGS) or, when in use upon the inlandwaters of the 
United States, the Inland Navigational Rules Act of 1980(Pub. L. 96-
591), 94 Stat. 3415, 33 U.S.C. 2001, etseq.);
    (b) That is operated by an individual who is apparently under 
theinfluence of alcohol or a dangerous drug, as defined inSec. 95.020 
of this chapter, to the extent that, in theboarding officer's 
discretion, the continued operation of the vesselwould create an unsafe 
condition.
    (c) Has a fuel leakage from either the fuel system or engine, orhas 
an accumulation of fuel in the bilges.
    (d) Does not meet the applicable ventilation requirements fortanks 
and engine spaces prescribed by 46 CFR 25.40 (which applies tocertain 
boats built before August 1, 1980), or Subpart K Ventilation,of 33 CFR 
Part 183 (which applies to boats built after July 31, 1980);
    (e) Does not meet the requirements for backfire flame 
controlprescribed by 46 CFR 25.35; or
    (f) Is operated in a Regulated Boating Area as described inSec. 
177.08 when:
    (1) The wave height within the Regulated Boating Area is 4 feet 
orgreater; or
    (2) The wave height within the Regulated Boating Area is equal toor 
greater than the wave height determined by the formula

L/10+F=W

where:

L=Overall length of a boat measured in feet in a straighthorizontal line 
along and parallel with the centerline between theintersections of this 
line with the vertical planes of the stem andstern profiles excluding 
deckhouses and equipment.
F=The minimum freeboard when measured in feet from the lowestpoint along 
the upper strake edge to the surface of the water.
W=Maximum wave height in feet to the nearest highest whole number;or

    (3) The surface current is 4 knots or greater within the 
RegulatedBoating Area.
    (g) Designated manifestly unsafe for a specific voyage on aspecific 
body of water due to:
    (1) Unsuitable design or configuration, or
    (2) Improper construction or inadequate material condition, or
    (3) Improper or inadequate operational or safety equipment, andset 
forth in an order issued by a District Commander according to 
theprovisions of Sec. 177.04.

[CGD 72-71R, 37 FR 13347, July 7, 1972]

    Editorial Note: For Federal Register citationsaffecting Sec. 
177.07, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.

[[Page 895]]



Sec. 177.08  Regulated boating areas.

    For the purpose of this part, the following are regulated 
boatingareas.
    Note: Geographic coordinates expressed in terms of latitudeor 
longitude, 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.
    (a) Quillayute River Entrance, Wash. From the west end ofJames 
Island 47[deg]54[min]23[sec] N., 124[deg]39[min]05[sec] W.southward to 
buoy No. 2 at 47[deg]53[min]42[sec] N.,124[deg]38[min]42[sec] W. 
eastward to the shoreline at47[deg]53[min]42[sec] N., 
124[deg]37[min]51[sec] W., thencenorthward along the shoreline to 
47[deg]54[min]29[sec] N.,124[deg]38[min]20[sec] W. thence northward 
to47[deg]54[min]36[sec] N., 124[deg]38[min]22[sec] W. thencewestward to 
the beginning.
    (b) Grays Harbor Entrance, Wash. From a point on theshoreline at 
46[deg]59[min]00[sec] N., 124[deg]10[min]10[sec] W.westward to 
46[deg]59[min]00[sec] N., 124[deg]15[min]30[sec] W.thence southward to 
46[deg]51[min]00[sec] N.,124[deg]15[min]30[sec] W. thence eastward to a 
point on theshoreline at 46[deg]51[min]00[sec] N., 
124[deg]06[min]40[sec] W.thence northward along the shoreline to a point 
at the south jetty46[deg]54[min]20[sec] N., 124[deg]08[min]07[sec] W. 
thenceeastward to 46[deg]54[min]10[sec] N., 124[deg]05[min]00[sec] 
W.thence northward to 46[deg]55[min]00[sec] N.,124[deg]03[min]30[sec] W. 
thence northwestward to Damon Point at46[deg]56[min]50[sec] N., 
124[deg]06[min]30[sec] W. thencewestward along the north shoreline of 
the harbor to the north jetty at46[deg]55[min]40[sec] N., 
124[deg]10[min]27[sec] W. thencenorthward along the shoreline to the 
beginning.
    (c) Willapa Bay, Wash. From a point on the shoreline 
at46[deg]46[min]00[sec] N., 124[deg]05[min]40[sec] W. westward 
to46[deg]44[min]00[sec] N., 124[deg]10[min]45[sec] W. thenceeastward to 
a point on the shoreline at 46[deg]35[min]00[sec] 
N.,124[deg]03[min]45[sec] W. thence northward aling the shorelinearound 
the north end of Leadbetter Point thence southward alone theeast 
shoreline of Leadbetter Point to 46[deg]36[min]00[sec] 
N.,124[deg]02[min]15[sec] W. thence eastward to46[deg]36[min]00[sec] N., 
124[deg]00[min]00[sec] W. thencenorthward to Toke point at 
46[deg]42[min]15[sec] N.,123[deg]58[min]00[sec] W. thence westward along 
the north shorelineof the harbor and northward along the seaward 
shoreline to thebeginning.
    (d) Columbia River Bar, Wash.-Oreg. From a point on theshoreline at 
46[deg]18[min]00[sec] N., 124[deg]04[min]39[sec] W.thence westward to 
46[deg]18[min]00[sec] N.,124[deg]09[min]30[sec] W. thence southward 
to46[deg]12[min]00[sec] N., 124[deg]09[min]30[sec] W. thenceeastward to 
a point on the shoreline at 46[deg]12[min]00[sec] 
N.,123[deg]59[min]33[sec] W. thence eastward to Tansy Point RangeFront 
Light at 46[deg]11[min]16[sec] N., 123[deg]55[min]05[sec]W.; thence 
northward to Chinook Point at 46[deg]15[min]08[sec] 
N.,123[deg]55[min]25[sec] W. thence northwestward to the north end 
ofSand Island at 46[deg]17[min]29[sec] N., 124[deg]01[min]25[sec]W. 
thence southwestward to a point on the north shoreline of theharbor at 
46[deg]16[min]25[sec] N., 124[deg]02[min]28[sec] W.thence northwestward 
and southwestward along the north shoreline ofthe harbor and northward 
along the seaward shoreline to the beginning.
    (e) Nehalem River Bar, Oreg. From a point on the 
shoreline45[deg]41[min]25[sec] N., 123[deg]56[min]16[sec] W. 
thencewestward 45[deg]41[min]25[sec] N., 123[deg]59[min]00[sec] W.thence 
southward to 45[deg]37[min]25[sec] N.,123[deg]59[min]00[sec] W. thence 
eastward to a point on theshoreline at 45[deg]37[min]25[sec] N., 
123[deg]56[min]38[sec] W.thence northward along the shoreline to the 
north end of the southjetty at 45[deg]39[min]40[sec] N., 
123[deg]55[min]45[sec] W.thence westward to a point on the shoreline 
at45[deg]39[min]45[sec] N., 123[deg]56[min]19[sec] W. thencenorthward 
along the shoreline to the beginning.
    (f) Tillamook Bay Bar, Oreg. From a point on the shorelineat 
45[deg]35[min]15[sec] N., 123[deg]57[min]05[sec] W. thencewestward 
45[deg]35[min]15[sec] N., 124[deg]00[min]00[sec] W.thence southward to 
45[deg]30[min]00[sec] N.,124[deg]00[min]00[sec] W. thence eastward to a 
point on theshoreline at 45[deg]30[min]00[sec] N., 
123[deg]57[min]40[sec] W.thence northward along the shoreline to the 
north end of KincheloePoint at 45[deg]33[min]30[sec] N., 
123[deg]56[min]05[sec] W.thence northward to a point on the north 
shoreline of the harbor at45[deg]33[min]40[sec] N., 
123[deg]55[min]59[sec] W. thencewestward along the north shoreline of 
the harbor then northward alongthe seaward shoreline to the beginning.
    (g) Netarts Bay Bar, Oreg. From a point on the shoreline 
at45[deg]28[min]05[sec] N. thence westward to45[deg]28[min]05[sec] N., 
124[deg]00[min]00[sec] W. thencesouthward to 45[deg]24[min]00[sec] N., 
124[deg]00[min]00[sec] W.thence eastward to a point on the shoreline 
at45[deg]24[min]00[sec] N., 123[deg]57[min]45[sec] W. thencenorthward 
along the shoreline to 45[deg]26[min]03[sec] N.,123[deg]57[min]15[sec] 
W. thence eastward to a point on the northshoreline of the harbor at

[[Page 896]]

45[deg]26[min]00[sec] N.,123[deg]56[min]57[sec] W. thence northward 
along the shoreline tothe beginning.
    (h) Siletz Bay Bar, Oreg. From a point on the shoreline 
at44[deg]56[min]32[sec] N., 124[deg]01[min]29[sec] W. thencewestward to 
44[deg]56[min]32[sec] N., 124[deg]03[min]00[sec] W.thence southward to 
44[deg]54[min]40[sec] N.,124[deg]03[min]15[sec] W. thence eastward to a 
point on theshoreline at 44[deg]54[min]40[sec] N., 
124[deg]01[min]55[sec] W.thence northward along the shoreline to 
44[deg]55[min]35[sec] N.,124[deg]01[min]25[sec] W. thence northward to a 
point on the northshoreline of the harbor at 44[deg]55[min]45[sec] 
N.,124[deg]01[min]20[sec] W. thence westward and northward along 
theshoreline to the beginning.
    (i) Depoe Bay Bar, Oreg. From a point on the shoreline 
at44[deg]49[min]15[sec] N., 124[deg]04[min]00[sec] W. thencewestward to 
44[deg]49[min]15[sec] N., 124[deg]04[min]35[sec] W.thence southward to 
44[deg]47[min]55[sec] N.,124[deg]04[min]55[sec] W. thence eastward to a 
point on theshoreline at 44[deg]47[min]53[sec] N., 
124[deg]04[min]25[sec] W.thence northward along the shoreline and 
eastward along the south bankof the entrance channel to the highway 
bridge thence northward to thenorth bank at the bridge thence westward 
along the north bank of theentrance channel and northward along the 
seaward shoreline to thebeginning.
    (j) Yaquina Bay Bar, Oreg. From a point on the shoreline 
at44[deg]38[min]11[sec] N., 124[deg]03[min]47[sec] W. thencewestward to 
44[deg]38[min]11[sec] N., 124[deg]05[min]55[sec] W.thence southward to 
44[deg]35[min]15[sec] N.,124[deg]06[min]05[sec] W. thence eastward to a 
point on theshoreline at 44[deg]35[min]15[sec] N., 
124[deg]04[min]02[sec] W.thence northward along the shoreline and 
eastward along the south bankof the entrance channel to the highway 
bridge thence northward to thenorth bank of the entrance channel at the 
bridge thence westward alongthe north bank of the entrance channel and 
northward along the seawayshoreline to the beginning.
    (k) Siuslaw River Bar, Oreg. From a point on the shorelineat 
44[deg]02[min]00[sec] N., 124[deg]08[min]00[sec] W. thencewestward to 
44[deg]02[min]00[sec] N., 124[deg]09[min]30[sec] W.thence southward to 
44[deg]00[min]00[sec] N.,124[deg]09[min]30[sec] W. thence eastward to a 
point on theshoreline at 44[deg]00[min]00[sec] N., 
124[deg]08[min]12[sec] W.thence northward along the shoreline and 
southward along the west bankof the entrance channel to 
44[deg]00[min]35[sec] N.,124[deg]07[min]48[sec] W. thence southeastward 
to a point on theeast bank of the entrance channel at 
44[deg]00[min]20[sec] N.,124[deg]07[min]31[sec] W. thence northward 
along the east bank ofthe entrance channel and northward along the 
seaward shoreline to thebeginning.
    (l) Umpqua River Bar, Oreg. From a point on the shoreline 
at43[deg]41[min]20[sec] N., 124[deg]11[min]58[sec] W. thencewestward to 
43[deg]41[min]20[sec] N., 124[deg]13[min]32[sec] W.thence southward to 
43[deg]38[min]35[sec] N.,124[deg]14[min]25[sec] W. thence eastward to a 
point on theshoreline at 43[deg]38[min]35[sec] N., 
124[deg]12[min]35[sec] W.thence northward along the shoreline to the 
north end of the trainingjetty at 43[deg]40[min]15[sec] N., 
124[deg]11[min]45[sec] W.thence northward to a point on the west bank of 
the entrance channelat 43[deg]40[min]40[sec] N., 124[deg]11[min]41[sec] 
W. thencesouthwestward along the west bank of the entrance channel 
thencenorthward along the seaward shoreline to the beginning.
    (m) Coos Bay Bar, Oreg. From a point on the shoreline 
at43[deg]22[min]15[sec] N., 124[deg]19[min]34[sec] W. thencewestward to 
43[deg]22[min]20[sec] N., 124[deg]22[min]28[sec] W.thence southwestward 
to 43[deg]21[min]00[sec] N.,124[deg]23[min]35[sec] W. thence 
southeastward to a point on theshoreline at 43[deg]20[min]25[sec] N., 
124[deg]22[min]28[sec] W.thence northward along the shoreline and 
eastward along the southshore of the entrance channel to a point on the 
shoreline at43[deg]20[min]52[sec] N., 124[deg]19[min]12[sec] W. 
thenceeastward to a point on the east shoreline of the harbor 
at43[deg]21[min]00[sec] N., 124[deg]18[min]50[sec] W. thencenorthward to 
a point on the west shoreline of the harbor at43[deg]21[min]45[sec] N., 
124[deg]19[min]10[sec] W. thence southand west along the west shoreline 
of the harbor thence northward alongthe seaward shoreline to the 
beginning.
    (n) Coquille River Bar, Oreg. From a point on the shorelineat 
43[deg]08[min]25[sec] N., 124[deg]25[min]04[sec] W. thencesouthwestward 
to 43[deg]07[min]50[sec] N.,124[deg]27[min]05[sec] W. thence 
southwestward to43[deg]07[min]03[sec] N., 124[deg]28[min]25[sec] W. 
thenceeastward to a point on the shoreline at 43[deg]06[min]00[sec] 
N.,124[deg]25[min]55[sec] W. thence northward along the shoreline 
andeastward along the south shoreline of the channel entrance 
to43[deg]07[min]17[sec] N., 124[deg]25[min]00[sec] W. thencenorthward to 
the east end of the north jetty at43[deg]07[min]24[sec] N., 
124[deg]24[min]59[sec] W. thencewestward along the north shoreline of 
the entrance channel andnorthward along the seaward shoreline to the 
beginning.
    (o) Rogue River Bar, Oreg. From a point on the shoreline 
at42[deg]26[min]25[sec] N., 124[deg]26[min]03[sec] W. thencewestward to

[[Page 897]]

42[deg]26[min]10[sec] N.,124[deg]27[min]05[sec] W. thence southward 
to42[deg]24[min]15[sec] N., 124[deg]27[min]05[sec] W. thenceeastward to 
a point on the shoreline at 42[deg]24[min]15[sec] 
N.,124[deg]25[min]30[sec] W. thence northward along the shoreline 
andeastward along the south shoreline of the entrance channel to 
thehighway bridge thence northward across the inner harbor jetty to 
apoint on the north shoreline of the entrance channel at the 
highwaybridge thence westward along the north shoreline of the 
entrancechannel thence northward along the seaward shoreline to the 
beginning.
    (p) Chetco River Bar, Oreg. From a point on the shoreline 
at42[deg]02[min]35[sec] N., 124[deg]17[min]20[sec] W. 
thencesoutheastward to 42[deg]01[min]45[sec] N.,124[deg]16[min]30[sec] 
W. thence northwestward to a point on theshoreline at 
42[deg]02[min]10[sec] N., 124[deg]15[min]35[sec] W.thence northwestward 
along the shoreline thence northward along theeast shoreline of the 
channel entrance to 42[deg]02[min]47[sec] N.,124[deg]16[min]03[sec] W. 
thence northward along the west face ofthe inner jetty and east 
shoreline of the channel entrance to thehighway bridge thence westward 
to the west shoreline of the channel atthe highway bridge thence 
southward along the west shoreline of thechannel thence westward along 
the seaward shoreline to the beginning.

[CGD 73-41R, 39 FR 2583, Jan. 23, 1974, as amended byCGD 86-082, 52 FR 
33812, Sept. 8, 1987]



Sec. 177.09  Penalties.

    An operator of a vessel who does not follow the directions of aCoast 
Guard Boarding Officer prescribed in Sec. 177.05 is,in addition to any 
other penalty prescribed by law, subject to--
    (a) The criminal penalties of 46 U.S.C. 4311, which provides thata 
person willfully operating a recreational vessel in violation of 
46U.S.C., Chapter 43 or regulations issued thereunder, shall be finednot 
more than $5,000, imprisoned for not more than one year, or both.
    (b)(1) The civil penalties for violating 46 U.S.C. 4307(a)(1).
    (2) The civil penalties of 46 U.S.C. 4311, which provides that 
aperson violating any other provision of 43 U.S.C., Chapter 43 
orregulation issued thereunder is liable to the United States 
Governmentfor a civil penalty, and, if the violation involves the 
operation of avessel, the vessel is liable in rem for the penalty.

[CGD 96-052, 62 FR 16703, Apr. 8, 1997]



PART 179_DEFECT NOTIFICATION--Table of Contents




Sec.
179.01 Purpose.
179.03 Definitions.
179.05 Manufacturer discovered defects.
179.07 Notice given by ``more expeditiousmeans.''
179.09 Contents of notification.
179.11 Defects determined by the Commandant.
179.13 Initial report to the Commandant.
179.15 Follow-up report.
179.17 Penalties.
179.19 Address of the Commandant.

    Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310,and 4311; Pub. 
L 103-206, 107 Stat. 2439; 49 CFR 1.46.

    Source: CGD 72-55R, 37 FR 15776, Aug. 4, 1972,unless otherwise 
noted.



Sec. 179.01  Purpose.

    This part prescribes rules to implement 46 U.S.C. 4310, governingthe 
notification of defects in boats and associated equipment.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.03  Definitions.

    Associated equipment as used in this part, means thefollowing 
equipment as shipped, transferred, or sold from the place ofmanufacture 
and includes all attached parts and accessories:
    (1) An inboard engine.
    (2) An outboard engine.
    (3) A stern drive unit.
    (4) An inflatable personal flotation device approved under 46 
CFR160.076.
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the 
latter'snoncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to 
therequirements of 46 CFR chapter I, subchapter C.
    Manufacturer means any person engaged in--
    (1) The manufacture, construction, or assembly of boats orassociated 
equipment;

[[Page 898]]

    (2) The manufacture or construction of components for boatsand 
associated equipment to be sold for subsequent assembly; or
    (3) The importation into the United States for sale of 
boats,associated equipment, or components thereof.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999;USCG-1999-5040, 67 FR 34760, May 15, 2002]



Sec. 179.05  Manufacturer discovered defects.

    Each manufacturer who is required to furnish a notice of a defector 
failure to comply with a standard or regulation under 46 U.S.C.4310(b), 
shall furnish that notice within 30 days after themanufacturer discovers 
or acquires information of the defect orfailure to comply.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.07  Notice given by ``more expeditious means''.

    Each manufacturer who gives notice by more expeditious means 
asprovided for in 46 U.S.C. 4310(c)(1)(C), must give such notice 
inwriting.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.09  Contents of notification.

    Each notice required under 46 U.S.C. 4310(b) must include 
thefollowing additional information:
    (a) The name and address of the manufacturer.
    (b) Identifying classifications including the make, model year, 
ifappropriate, the inclusive dates (month and year) of the 
manufacture,or serial numbers and any other data necessary to describe 
the boatsor associated equipment that may be affected.

[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended byCGD 93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 179.11  Defects determined by the Commandant.

    A manufacturer who is informed by the Commandant under 46 
U.S.C.4310(f) that a boat or associated equipment contains a defect 
relatingto safety or failure to comply with a standard or regulation 
issuedunder the authority of 46 U.S.C. 4302, shall within 30 days of 
receiptof the information--
    (a) Furnish the notification described in 46 U.S.C. 4310(d) to 
thepersons designated in 46 U.S.C. 4310(c), or
    (b) Provide information to the Commandant by certified mailstating 
why the manufacturer believes there is no defect relating tosafety or 
failure of compliance.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.13  Initial report to the Commandant.

    (a) When a manufacturer gives a notification required under 46U.S.C. 
4310, the manufacturer shall concurrently send to theCommandant by 
certified mail--
    (1) A true or representative copy of each notice, bulletin, andother 
communication given to persons required to be notified under 46U.S.C. 
4310(c);
    (2) The manufacturer's best estimate of the total number of boatsor 
items of associated equipment potentially affected by the defect 
orfailure to comply with a standard or regulation prescribed under 
46U.S.C. 4302; and
    (3) If discovered or determined by the manufacturer, a chronologyof 
all principal events upon which the determination is based.
    (b) A manufacturer may submit an item required by paragraph (a) 
ofthis section that is not available at the time of submission to 
theCommandant when it becomes available if the manufacturer explains 
whyit was not submitted within the time required and estimates when 
itwill become available.

[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended byCGD 93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 179.15  Follow-up report.

    (a) Each manufacturer who makes an initial report required bySec. 
179.13 shall submit a follow-up report to theCommandant by certified 
mail within 60 days after the initial report.The follow-up report must 
contain at least the following information:
    (1) A positive identification of the initial report;
    (2) The number of units in which the defect was discovered as ofthe 
date of the follow-up report;

[[Page 899]]

    (3) The number of units in which corrective action has beencompleted 
as of the date of the follow-up report;
    (4) The number of first purchasers not notified because of an out-
of-date name or address, or both; and
    (5) An updating of the information required bySec. 179.13.
    (b) Each manufacturer shall submit any additional follow-upreports 
requested by the Commandant.



Sec. 179.17  Penalties.

    Each manufacturer who fails to comply with a provision of 46U.S.C. 
4310 or the regulations in this part, is subject to thepenalties as 
prescribed in 46 U.S.C. 4311.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996]



Sec. 179.19  Address of the Commandant.

    (a) Each report and communication sent to the Coast Guard 
andrequired by this part concerning boats and associated equipment 
otherthan inflatable personal flotation devices, must be submitted 
toCommandant Commandant (CG-54223), U.S. Coast Guard, 2100 Second 
St.,SW., Washington, DC 20593-0001.
    (b) Each report and communication sent to the Coast Guard 
andrequired by this part concerning inflatable personal 
flotationdevices, must be submitted to Commandant (G-MSE-4), U.S. 
CoastGuard, 2100 Second St. SW., Washington, DC 20593-0001.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD96-026, 61 FR 36629, July 
12, 1996;USCG-2008-0179, 73 FR 35024, June 19, 2008]



PART 181_MANUFACTURER REQUIREMENTS--Table of Contents




                            Subpart A_General

Sec.
181.1 Purpose and applicability.
181.3 Definitions.
181.4 Incorporation by reference.

           Subpart B_Manufacturer Certification of Compliance

181.5 Purpose and applicability.
181.7 Compliance certification label required.
181.9 Affixing labels.
181.11 Exceptions to labeling requirement.
181.13 Removal of labels.
181.15 Contents of labels.
181.17 Label numbers and letters.
181.19 Construction of labels.

                    Subpart C_Identification of Boats

181.21 Purpose, applicability and effective dates.
181.23 Hull identification numbers required.
181.25 Hull identification number format.
181.27 Information displayed near hull identificationnumber.
181.29 Hull identification number display.
181.31 Manufacturer identification code assignment.
181.33 Conditions for use of manufacturer identificationcodes.
181.35 Removal of numbers.

Subparts D-F [Reserved]

      Subpart G_Instruction Pamphlet for Personal FlotationDevices

181.701 Applicability.
181.702 Information pamphlet: requirement to furnish.
181.703 Information pamphlet: Contents.
181.704 Contents of information pamphlet: Recreationalhybrid PFD.
181.705 Contents of information pamphlet: Recreationalinflatable PFD.

    Authority: 46 U.S.C. 4302.

    Source: CGD 72-60, 37 FR 15779, Aug. 4, 1972,unless otherwise noted.



                            Subpart A_General



Sec. 181.1  Purpose and applicability.

    This part prescribes requirements for the certification of boatsand 
associated equipment and identification of boats to which 46U.S.C. 
Chapter 43 applies.

[CGD 85-002, 51 FR 37573, Oct. 23, 1986]



Sec. 181.3  Definitions.

    As used in this part:
    Associated equipment means:
    (1) Any system, part, or component of a boat as 
originallymanufactured or any similar part or component manufactured or 
sold forreplacement, repair, or improvement of such system, part, 
orcomponent;
    (2) Any accessory or equipment for, or appurtenance to, a boat;and
    (3) Any marine safety article, accessory, or equipment intendedfor 
use by a person on board a boat; but
    (4) Excluding radio equipment.
    Boat means any vessel--

[[Page 900]]

    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the 
latter'snoncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to 
therequirements of 46 CFR chapter I, subchapter C.
    Date of certification means the date on which a boat or itemof 
associated equipment is certified to comply with all applicableU.S. 
Coast Guard safety standards in effect on that date.
    Date of manufacture means the month and year during 
whichconstruction or assembly of a boat or item of associated 
equipmentbegins.
    Manufacturer means any person engaged in:
    (1) The manufacture, construction, or assembly of boats orassociated 
equipment; or
    (2) The importation into the United States for sale of 
boats,associated equipment, or components thereof.
    Model year means the period beginning August 1 of any yearand ending 
on July 31 of the following year. Each model year isdesignated by the 
year in which it ends.
    Private label merchandiser means any person engaged in thebusiness 
of selling and distributing, under his own trade name, boats,or items of 
associated equipment manufactured by another.

[CGD 96-026, 61 FR 33669, June 28, 1996; 61 FR 36786,July 12, 1996, as 
amended by USCG-1999;-5040, May 15,2002]



Sec. 181.4  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this 
partwith the approval of the Director of the Federal Register 
inaccordance with 5 U.S.C. 552(a). To enforce any edition other than 
theone listed in paragraph (b) of this section, notice of change must 
bepublished in the Federal Register and the material madeavailable to 
the public. All approved material is available forinspection at the 
Lifesaving and Fire Safety Standards Division (G-MSE-4), 2100 Second 
Street, SW., Washington, DC20593-0001, and at the National Archives and 
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. All approved material is available from thesources 
listed in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in 
thispart, and the sections affected are:

                  Underwriters Laboratories, Inc. (UL)

12 Laboratory Drive, Research Triangle Park, NC 27709-3995
UL 1123, Marine Buoyant Devices, 181.703.
February 17, 1995.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended byCGD 93-055, 61 FR 
13927, Mar. 28, 1996; CGD 96-026, 61FR 33669, June 28, 1996; USCG-2000-
7223, 65 FR 40059,June 29, 2000; 69 FR 18803, Apr. 9, 2004;USCG-2004-
18057, 69 FR 34926, June 23, 2004]



           Subpart B_Manufacturer Certification of Compliance



Sec. 181.5  Purpose and applicability.

    This subpart prescribes requirements for the certification ofboats 
and associated equipment to which 46 U.S.C. Chapter 43 appliesand to 
which a safety standard prescribed in Part 183 of this chapterapplies.

[CGD 85-002, 51 FR 37573, Oct. 23, 1986]



Sec. 181.7  Compliance certification label required.

    Unless there is affixed to it a certification label that containsthe 
information required by Sec. 181.15:
    (a) No person who manufactures, constructs, or assembles a boat 
orassociated equipment may deliver that boat or equipment for thepurpose 
of sale;
    (b) No person may import into the United States any boat 
orassociated equipment; and
    (c) No person engaged in the business of selling or 
distributingboats or associated equipment may sell or offer for sale any 
boat orassociated equipment.



Sec. 181.9  Affixing labels.

    (a) Each manufacturer of a boat or item of associated equipment 
towhich a standard or regulation prescribed in Part 183 of this 
chapterapplies shall affix a certification label that contains 
theinformation required by Sec. 181.15 to that boat orequipment before 
it:

[[Page 901]]

    (1) Leaves the place of manufacture for the purpose of sale;or
    (2) Is imported.
    (b) The manufacturer of a boat or item of associated equipmentthat 
is sold to a private label merchandiser may, at the option of theprivate 
label merchandiser, affix a certification label identifyingthe private 
label merchandiser as the manufacturer before the boat oritem of 
associated equipment leaves the place of manufacture.



Sec. 181.11  Exceptions to labeling requirement.

    (a) This part does not apply to boats or associated 
equipmentintended solely for export, and so labeled, tagged, or marked 
on theboat or equipment and on the outside of the container, if any, 
whichis exported.
    (b) If an item of associated equipment is so small that 
acertification label that meets the requirements inSec. 181.15 cannot 
be affixed to it, a certification labelthat contains the information 
required by Sec. 181.15 may beprinted on the smallest container in 
which the item is packed or on aslip packed with the item.
    (c) This subpart does not apply to any outboard motor or 
startingcontrol to which Sec. 183.710 of this chapter applies.

[CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended byCGD 79-137, 46 FR 
3515, Jan. 15, 1981; 46 FR 9579, Jan. 29,1981]



Sec. 181.13  Removal of labels.

    No person may remove a label required by this part or remove oralter 
any information on a label required by this part, unlessauthorized by 
the Commandant.



Sec. 181.15  Contents of labels.

    (a) Each label required by Sec. 181.7 must contain:
    (1) The name and address of the manufacturer or private 
labelmerchandiser who certifies that the boat or item of 
associatedequipment complies with the standards prescribed in Part 183 
of thissubchapter; and
    (2) Except as provided in paragraph (c) of this section, thewords:
    (i) ``This (insert `Boat' or`Equipment') Complies With U.S. Coast 
Guard SafetyStandards In Effect On (insert date of certification as 
prescribed inparagraph (b) of this section)''; or
    (ii) If the item being certified is a boat, the label may show 
thewords, ``This Boat Complies With U.S. Coast Guard SafetyStandards In 
Effect On The Date of Certification.''
    (b) Date of certification must be no earlier than the date onwhich 
construction or assembly began and no later than the date onwhich the 
boat or item of associated equipment leaves the place ofmanufacture or 
assembly or import for the purposes of sale.
    (c) [Reserved]
    (d) Except as provided in paragraph (e) of this section, 
themanufacturer may, in addition to the information required 
byparagraphs (a) and (b) of this section, display on the 
certificationlabel any or all of the following information:
    (1) Model name or designation.
    (2) Hull identification number (if a boat) or serial number (if 
anitem of associated equipment).
    (3) Model year.
    (e) Display of the hull identification number on the 
certificationlabel does not satisfy the display requirements ofSec. 
181.29.
    (f) Each boat which displays a maximum horsepower capacitydetermined 
in accordance with Sec. 183.53(b) must, inaddition to the information 
required by paragraphs (a), (b) and (d) ofthis section, display on the 
certification label, the followingstatement in letters no less than one-
quarter of an inch in height:
    THIS BOAT IS INTENDED FOR RACING AND OTHER HIGH 
PERFORMANCEACTIVITIES. THE SKILL REQUIRED MAY EXCEED THE ABILITIES OF 
SOMEOPERATORS.

[CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended byCGD 83-012, 49 FR 
39327, Oct. 5, 1984; CGD 85-002, 51 FR37573, Oct. 23, 1986; USCG-1999-
5832, 64 FR 34716, June29, 1999]



Sec. 181.17  Label numbers and letters.

    Letters and numbers on each label must:
    (a) Be no less than one-eighth of an inch in height; and
    (b) Contrast with the basic color of the label, except that thedate 
of certification may be permanently

[[Page 902]]

stamped, engraved, orembossed on the label.



Sec. 181.19  Construction of labels.

    (a) Each label must be made of material that can withstandexposure 
to water, oil, salt spray, direct sunlight, heat, cold, andwear expected 
in normal use of the boat or item of associatedequipment without 
deterioration of legibility.
    (b) Each label must be made of material that shows visible tracesof 
the alteration or removal of information on the label.



                    Subpart C_Identification of Boats

    Source: CGD 79-013, 48 FR 40718, Sept. 9, 1983,unless otherwise 
noted.



Sec. 181.21  Purpose, applicability and effective dates.

    This subpart prescribes the requirements for identification ofboats 
to which section 46 U.S.C. 4301 applies.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended byUSCG-1998-3799, 63 
FR 35534, June 30, 1998;USCG-1999-5832, 64 FR 34716, June 29, 1999]



Sec. 181.23  Hull identification numbers required.

    (a) A manufacturer (or importer), as defined inSec. 181.3 of this 
part, must identify each boat produced orimported with two hull 
identification numbers that meet therequirements of this subpart:
    (1) A primary hull identification number affixed in accordancewith 
Sec. Sec. 181.29(a) and (c) of this subpart; and
    (2) A duplicate hull identification number affixed in accordancewith 
Sec. Sec. 181.29(b) and (c) of this subpart.
    (b) A person who builds or imports a boat for his or her own useand 
not for the purposes of sale, must identify that boat with twohull 
identification numbers that meet the requirements of thissubpart.
    (c) No person may assign the same hull identification number tomore 
than one boat.



Sec. 181.25  Hull identification number format.

    Each of the hull identification numbers required bySec. 181.23 must 
consist of twelve characters, uninterruptedby slashes, hyphens, or 
spaces, as follows:
    (a) The first three characters must be a manufactureridentification 
code assigned under Sec. 181.31(a) or theimporter designation assigned 
under Sec. 181.31(b).
    (b) Characters four through eight must be a serial number assignedby 
the manufacturer in letters of the English alphabet, or Arabicnumerals, 
or both, except the letters I, O, and Q.
    (c) Characters nine and ten must indicate the month and year 
ofcertification when a date of certification is required. In all 
othercases characters nine and ten must indicate the date of 
manufacture.The date indicated can be no earlier than the date 
construction orassembly began and no later than the date the boat leaves 
the place ofmanufacture or assembly or is imported into the United 
States for thepurposes of sale. Character nine must be indicated using 
letters ofthe English alphabet. The first month of the year, January, 
must bedesignated by the letter ``A'', the second month,February, by the 
letter ``B'', and so on until the lastmonth of the year, December. 
Character ten must be the last digit ofthe year of manufacture or 
certification and must be an Arabicnumeral.
    (d) Characters eleven and twelve must indicate the model yearusing 
Arabic numerals for the last two numbers of the model year suchas ``82'' 
for 1982 and ``83'' for 1983.



Sec. 181.27  Information displayed near hull identification number.

    With the exception of the characters ``US-'', whichconstitute the 
country of origin code for the United States, ifinformation is displayed 
on the boat within 2 inches of the 12-character hull identification 
number (HIN), that information must beseparated from the HIN by means of 
borders or must be on a separatelabel, so that it will not be 
interpreted as part of the hullidentification number.

[USCG-2003-14272, 69 FR 33860, June 17, 2004]



Sec. 181.29  Hull identification number display.

    Two identical hull identification numbers are required to 
bedisplayed on each boat hull.

[[Page 903]]

    (a) The primary hull identification number must beaffixed--
    (1) On boats with transoms, to the starboard outboard side of 
thetransom within two inches of the top of the transom, gunwale, orhull/
deck joint, whichever is lowest.
    (2) On boats without transoms or on boats on which it would 
beimpractical to use the transom, to the starboard outboard side of 
thehull, aft, within one foot of the stern and within two inches of 
thetop of the hull side, gunwale or hull/deck joint, whichever is 
lowest.
    (3) On catamarans and pontoon boats which have readily 
replaceablehulls, to the aft crossbeam within one foot of the starboard 
hullattachment.
    (4) If the hull identification number would not be visible,because 
of rails, fittings, or other accessories, the number must beaffixed as 
near as possible to the location specified in paragraph (a)of this 
section.
    (b) The duplicate hull identification number must be affixed in 
anunexposed location on the interior of the boat or beneath a fitting 
oritem of hardware.
    (c) Each hull identification number must be carved, burned,stamped, 
embossed, molded, bonded, or otherwise permanently affixed tothe boat so 
that alteration, removal, or replacement would be obvious.If the number 
is on a separate plate, the plate must be fastened insuch a manner that 
its removal would normally cause some scarring ofor damage to the 
surrounding hull area. A hull identification numbermust not be attached 
to parts of the boat that are removable.
    (d) The characters of each hull identification number must be noless 
than one-fourth of an inch high.

[CGD 79-013, 48 FR 40718, Sept. 19, 1983; 48 FR 53558,Nov. 28, 1983]



Sec. 181.31  Manufacturer identification code assignment.

    (a) Each person required by Sec. 181.23 to affix 
hullidentifications numbers must request a manufacturer 
identificationcode in writing from the Recreational Boating Product 
Assurance Branch(CG-54223), 2100 Second Street SW., Washington, DC 
20593-0001.The request must indicate the manufacturer's name and U.S. 
addressalong with the general types and lengths of boats that will 
bemanufactured.
    (b) For boats manufactured outside of the jurisdiction of theUnited 
States, a U.S. importer must obtain a manufactureridentification code as 
required by paragraph (a) of this section. Therequest of an importer, as 
defined in Sec. 181.3 of thissubpart, must indicate the importer's name 
and U.S. address along witha list of the manufacturers, their addresses, 
and the general typesand sizes of boats that will be imported. If a 
nation has a hullidentification number system which has been accepted by 
the U.S. CoastGuard for the purpose of importing boats, it may be used 
by theimporter instead of the one specified within this subpart. To 
requesta list of those nations having such a numbering system, write to 
theRecreational Boating Product Assurance Branch (CG-54223), 2100 
SecondStreet SW., Washington, DC 20593-0001.
    (c) Persons who are required to identify boats underSec. 181.23(b) 
must obtain the required hull identificationnumber from the State 
Boating Law Administrator of the State where theboat will be principally 
used, or, if the State Boating LawAdministrator does not assign these 
numbers, from the Coast GuardDistrict office in the area of principal 
use.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR33669, June 28, 1996; USCG-2008-
0179, 73 FR 35024, June19, 2008]



Sec. 181.33  Conditions for use of manufacturer identification codes.

    (a) No manufacturer or importer may sell or transfer amanufacturer 
identification code or use a manufacturer identificationcode that has 
been assigned to another.
    (b) A manufacturer or importer who changes the business name 
oraddress must advise the Recreational Boating Product Assurance 
Branch(CG-54223), 2100 Second Street SW., Washington, DC 20593-0001of 
the change in writing.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended byCGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR33669, June 28, 1996; USCG-2008-
0179, 73 FR 35024, June19, 2008]

[[Page 904]]



Sec. 181.35  Removal of numbers.

    No person may remove or alter a number required by this 
subpartunless authorized by the Commandant, U.S. Coast Guard.

Subparts D-F [Reserved]



      Subpart G_Instruction Pamphlet for Personal FlotationDevices

    Source: CGD 75-008a, 43 FR 9767, Mar. 9, 1978,unless otherwise 
noted.



Sec. 181.701  Applicability.

    This subpart applies to all personal flotation devices that aresold 
or offered for sale for use on recreational boats.



Sec. 181.702  Information pamphlet: requirement to furnish.

    (a) Each manufacturer of a Type I, II, III, IV, or V 
personalflotation device (PFD) must furnish with each PFD that is sold 
oroffered for sale for use on a recreational boat, an 
informationpamphlet meeting the requirements of Sec. 181.703,Sec. 
181.704, or Sec. 181.705 of this subpart, asappropriate.
    (b) No person may sell or offer for sale for use on a 
recreationalboat, a Type I, II, III, IV, or V PFD unless an information 
pamphletrequired by this section is attached in such a way that it can 
be readprior to purchase.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



Sec. 181.703  Information pamphlet: Contents.

    Unless otherwise specified in this subpart, each informationpamphlet 
must contain the information specified in sections 33, 34 and35 of UL 
1123.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



Sec. 181.704  Contents of information pamphlet: Recreational hybrid PFD.

    Each information pamphlet for a recreational hybrid PFD 
approvedunder 46 CFR 160.077 must contain the information specified in 
46 CFR160.077-27.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



Sec. 181.705  Contents of information pamphlet: Recreational inflatable PFD.

    Each information pamphlet for a recreational inflatable PFDapproved 
under 46 CFR 160.076 must contain the information required by46 CFR 
160.076-35.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



PART 183_BOATS AND ASSOCIATED EQUIPMENT--Table of Contents




                            Subpart A_General

Sec.
183.1 Purpose and applicability.
183.3 Definitions.
183.5 Incorporation by reference.

                Subpart B_Display of Capacity Information

183.21 Applicability.
183.23 Capacity marking required.
183.25 Display of markings.
183.27 Construction of markings.

                         Subpart C_Safe Loading

183.31 Applicability.
183.33 Maximum weight capacity: Inboard and inboard-outdriveboats.
183.35 Maximum weight capacity: Outboard boats.
183.37 Maximum weight capacity: Boats rated for manualpropulsion and 
          boats rated for outboard motors of 2 horsepower orless.
183.39 Persons capacity: Inboard and inboard-outdrive boats.
183.41 Persons capacity: Outboard boats.
183.43 Persons capacity: Boats rated for manual propulsionand boats 
          rated for outboard motors of 2 horsepower or less.

                         Subpart D_Safe Powering

183.51 Applicability.
183.53 Horsepower capacity.

Subpart E [Reserved]

  Subpart F_Flotation Requirements for Inboard Boats,Inboard/Outdrive 
                           Boats, and Airboats

183.101 Applicability.
183.105 Quantity of flotation required.
183.110 Definitions.
183.112 Flotation material and air chambers.

[[Page 905]]

183.114 Test of flotation materials.

Subpart G_Flotation Requirements for Outboard Boats Ratedfor Engines of 
                         More Than 2 Horsepower

                                 General

183.201 Applicability.
183.202 Flotation and certification requirements.
183.205 Passenger carrying area.
183.210 Reference areas.
183.215 Reference depth.
183.220 Preconditioning for tests.
183.222 Flotation material and air chambers.

                                  Tests

183.225 Flotation test for persons capacity.
183.230 Stability test.
183.235 Level flotation test without weights for personscapacity.

Subpart H_Flotation Requirements for Outboard Boats Ratedfor Engines of 
                          2 Horsepower or Less

                                 General

183.301 Applicability.
183.302 Flotation requirements.
183.305 Passenger carrying area.
183.310 Reference areas.
183.315 Reference depth.
183.320 Preconditioning for tests.
183.322 Flotation materials.

                                  Tests

183.325 Flotation test for persons capacity.
183.330 Stability test.
183.335 Level flotation test without weights for personscapacity.

Table 4 to Subpart H of Part 183--Weights (Pounds) ofOutboard Motor and 
          Related Equipment for Various Boat HorsepowerRatings
Figures to Subpart H of Part 183

                      Subpart I_Electrical Systems

                                 General

183.401 Purpose, applicability, and effective dates.
183.402 Definitions.
183.405 General.

                        Manufacturer Requirements

183.410 Ignition protection.
183.415 Grounding.
183.420 Batteries.
183.425 Conductors: General.
183.430 Conductors in circuits of less than 50 volts.
183.435 Conductors in circuits of 50 volts or more.
183.440 Secondary circuits of ignition systems.
183.445 Conductors: Protection.
183.455 Overcurrent protection: General.
183.460 Overcurrent protection: Special applications.

                         Subpart J_Fuel Systems

                                 General

183.501 Applicability.
183.505 Definitions.
183.507 General.

                           Equipment Standards

183.510 Fuel tanks.
183.512 Fuel tanks: Prohibited materials.
183.514 Fuel tanks: Labels.
183.516 Cellular plastic used to encase fuel tanks.
183.518 Fuel tank openings.
183.520 Fuel tank vent systems.
183.524 Fuel pumps.
183.526 Carburetors.
183.528 Fuel stop valves.
183.530 Spud, pipe, and hose fitting configuration.
183.532 Clips, straps, and hose clamps.
183.534 Fuel filters and strainers.
183.536 Seals and gaskets in fuel filters and strainers.
183.538 Metallic fuel line materials.
183.540 Hoses: Standards and markings.
183.542 Fuel systems.

                        Manufacturer Requirements

183.550 Fuel tanks: Installation.
183.552 Plastic encased fuel tanks: Installation.
183.554 Fittings, joints, and connections.
183.556 Plug and fittings.
183.558 Hoses and connections.
183.560 Hose clamps: Installation.
183.562 Metallic fuel lines.
183.564 Fuel tank fill system.
183.566 Fuel pumps: Placement.
183.568 Anti-siphon protection.
183.570 Fuel filters and strainers: Installation.
183.572 Grounding.

                                  Tests

183.580 Static pressure test for fuel tanks.
183.584 Shock test.
183.586 Pressure impluse test.
183.588 Slosh test.
183.590 Fire test.

                          Subpart K_Ventilation

183.601 Applicability.
183.605 Definitions.
183.607 Incorporation by reference.
183.610 Powered ventilation system.
183.620 Natural ventilation system.
183.630 Standards for natural ventilation.

[[Page 906]]

                   Subpart L_Start-in-Gear Protection

183.701 Applicability.
183.705 Definitions.
183.710 Start-in-gear protection required.
183.715 Exception.

                       Subpart M_Navigation Lights

183.801 Applicability.
183.803 Definitions.
183.810 Navigation light certification requirements.

Subpart N [Reserved]

    Authority: 46 U.S.C. 4302; Pub. L 103-206, 107Stat. 2439; 49 CFR 
1.46.

    Source: CGD 72-61R, 37 FR 15782, Aug. 4, 1972,unless otherwise 
noted.



                            Subpart A_General



Sec. 183.1  Purpose and applicability.

    This part prescribes standards and regulations for boats 
andassociated equipment to which 46 U.S.C. Chapter 43 applies and 
towhich certification requirements in Part 181 of this subchapter apply.

[CGD 85-098, 52 FR 19728, May 27, 1987]



Sec. 183.3  Definitions.

    Beam means the transverse distance between the outer sidesof the 
boat excluding handles, and other similar fittings,attachments, and 
extensions.
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the 
latter'snoncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to 
therequirements of 46 CFR chapter I, subchapter C.
    Full transom means a transom with a maximum width whichexceeds one-
half the maximum beam of the boat.
    Length means the straight line horizontal measurement of theoverall 
length from the foremost part of the boat to the aftermostpart of the 
boat, measured from end to end over the deck excludingsheer, and 
measured parallel to the centerline. Bow sprits, bumpkins,rudders, 
outboard motor brackets, handles, and other similar 
fittings,attachments, and extensions are not included in the 
measurement.
    Monohull boat means a boat on which the line of intersectionof the 
water surface and the boat at any operating draft forms asingle closed 
curve. For example, a catamaran, trimaran, or a pontoonboat is not a 
monohull boat.
    Motorwell means any arrangement of bulkheads or structuresthat 
prevents water from entering the passenger carrying area of theboat 
through any cutout area in the transom for mounting an outboardmotor.
    Motorwell height means the vertical distance from the lowestpoint of 
water ingress along the top of the motorwell to a linerepresenting a 
longitudinal extension of the centerline of the boat'sbottom surface, 
excluding keels. This distance is measured as aprojection on the 
centerline plane of the boat. See Figure 183.3.
    Permanent appurtenances means equipment that is mounted orfastened, 
so that it is not removable without the use of tools. Seats,inboard 
engines, windshields, helm stations, or hardtops are 
permanentappurtenances. Outboard motors, controls, batteries, and 
portable fueltanks are not permanent appurtenances.
    Remote steering means any mechanical assist device which isrigidly 
attached to the boat and used in steering the vessel,including but not 
limited to mechanical, hydraulic, or electricalcontrol systems.
    Sailboat means a boat designed or intended to use sails asthe 
primary means of propulsion.
    Sheer means the topmost line in a boat's side. The sheerintersects 
the vertical centerline plane of the boat at the forwardend and 
intersects the transom (stern) at the aft end. For thepurposes of this 
definition, the topmost line in a boat's side is theline defined by a 
series of points of contact with the boat structure,by straight lines at 
45 degree angles to the horizontal and containedin a vertical plane 
normal to the outside edge of the boat as seenfrom above and which are 
brought into contact with the outside of thehorizontal boat. A boat is 
horizontal when it is transversely leveland when the lowest points at 40 
percent and 75 percent of the boat'slength behind the

[[Page 907]]

most forward point of the boat are level.
    Transom means the surface at the stern of a boat projectingor facing 
aft. The upper boundary of the transom is the line definedby a series of 
points of contact, with the boat structure, by straightlines at 45 
degree angles to the horizontal and contained in avertical longitudinal 
plane and which are brought into contact withthe stern of the horizontal 
boat. A boat is horizontal when it istransversely level and when the 
lowest points at 40 percent and 75percent of the boat's length behind 
the most forward point of the boatare level.
    Transom height means the vertical distance from the lowestpoint of 
water ingress along the top of the transom to a linerepresenting a 
longitudinal extension of the centerline of the boat'sbottom surface, 
excluding keels. This distance is measured as aprojection on the 
centerline plane of the boat. See Figure 183.3.
    Vessel includes every description of watercraft, other thana 
seaplane on the water, used or capable of being used as a means 
oftransportation on the water.

               Figure 183.3--Transom and Motorwell Height
[GRAPHIC] [TIFF OMITTED] TC18OC91.018


[CGD 73-250, 40 FR 43856, Sept. 23, 1975, as amended byCGD 75-176, 42 FR 
2681, Jan. 13, 1977; CGD 85-002, 51 FR37574, Oct. 23, 1986; CGD 96-026, 
61 FR 33669, June 28, 1996;61 FR 36629, July 12, 1996; USCG-1999-5040, 
67 FR 34760,May 15, 2002]



Sec. 183.5  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this 
partwith the approval of the Director of the Federal Register 
inaccordance with 5 U.S.C. 552(a). To enforce any edition other than 
theone listed in paragraph (b) of this section, notice of change must 
bepublished in the Federal Register and the material madeavailable to 
the public. All approved material is available forinspection at the 
Recreational Boating Product Assurance Branch(CG-54223), Washington, DC 
20593-0001, and at theNational Archives and Records Administration 
(NARA). For informationon the availability of this material at NARA, 
call202-741-6030, or go to:http://www.archives.gov/federal--register/

[[Page 908]]

code--of--federal--regulations/ibr--locations.html. All approved 
material is available fromthe sources listed in paragraph (b) of this 
section.
    (b) The materials approved for incorporation by reference in 
thispart, and the sections affected are:

Air Movement and Control Association, 30
 W. UniversityDrive, Arlington Heights, IL
 60004:
    AMCA 210-74: Laboratory Methods of      Sec.  183.610
     Testing Fans forRatings--1974.
American Boat and Yacht Council, Inc.,
 3069 Solomons IslandRoad, Edgewater,
 Maryland 21037-1416:
    ABYC A-16 Electric NavigationLights-    Sec.  183.810
     1997.
American Society for Testing and
 Materials, 100 Barr HarborDrive, West
 Conshohocken, PA 19428-2959:
    ASTM D 471-96, Standard Test Method     Sec. Sec.
     for RubberProperty--Effect of Liquids.  183.114;183.516; 183.607;
                                             183.620
    ASTM D 1621-94, Standard Test Method    Sec.  183.516
     for CompressiveProperties of Rigid
     Cellular Plastics.
    ASTM D 1622-93, Standard Test Method    Sec.  183.516
     for Apparent Densityof Rigid Cellular
     Plastics.
    ASTM D 2842-97, Standard Test Method    Sec.  183.114
     for Water Absorptionof Rigid Cellular
     Plastics.
Institute of Electrical and Electronics,
 Engineers, Inc.,445 Hoes Lane,
 Piscataway, NJ 08854:
    IEEE 45 IEEE Recommended Practice for   Sec.  183.435
     Electrical Installations onShipboard--
     1983. Cable Construction.
National Fire Protection Association, 1
 Batterymarch Park,Quincy, MA 02269:
    NFPA No. 70 National Electrical Code--  Sec.  183.435
     1987. Articles 310& 400.
Naval Publications Forms Center,
 CustomerService--Code 1052, 5801 Tabor
 Avenue, Philadelphia, PA 19120:
    MILSPEC-P-21929B Plastic Material,      Sec.  183.516
     Cellular Polyurethane, Foam-In-Place,
     Rigid--1970.
Society of Automotive Engineers, Inc., 400
 CommonwealthDrive, Warrendale, PA 15096:
    SAE J378 Marine Engine Wiring--1984...  Sec.  183.430
    SAE J557 High Tension IgnitionCable--   Sec.  183.440
     1968.
    SAE J1127 Battery Cable--1980.........  Sec.  183.430
    SAE J1128 Low Tension PrimaryCable--    Sec.  183.430
     1975.
    SAE J1527DEC85 Marine FuelHoses--1985.  Sec.  183.540
Underwriters Laboratories, Inc. (UL), 12
 Laboratory Drive,Research Triangle Park,
 NC 27709-3995:
    UL 1114 Marine (USCG Type A) Flexible   Sec.  183.540
     Fuel LineHose--1987.
    UL 1128 Marine Blowers--1977..........  Sec.  183.610
    UL 1426 Cables for Boats--1987........  Sec.  183.435
 


[CGD 87-009, 53 FR 36971, Sept. 23, 1988, as amended byCGD 96-026, 61 FR 
33670, June 28, 1996;USCG-1999-5151, 64 FR 67176, Dec. 1, 1999;USCG-
2000-7223, 65 FR 40059, June 29, 2000;USCG-1999-6580, 66 FR 55091, Nov. 
1, 2001; 69 18803,Apr. 9, 2004; USCG-2004-18057, 69 FR 34926, June 
23,2004; USCG-2008-0179, 73 FR 35024, June 19, 2008]



                Subpart B_Display of Capacity Information



Sec. 183.21  Applicability.

    This subpart applies to monohull boats less than 20 feet inlength, 
except sailboats, canoes, kayaks, and inflatable boats.



Sec. 183.23  Capacity marking required.

    Each boat must be marked in the manner prescribed inSec. Sec. 
183.25 and 183.27 with the maximum personscapacity in whole numbers of 
persons and in pounds, the maximum weightcapacity in pounds, determined 
under Sec. Sec. 183.33through 183.43, and the maximum horsepower 
capacity determined underSec. 183.53 or the statement ``This Boat Not 
Rated forPropulsion by a Motor''.

[CGD 78-034, 45 FR 2029, Jan. 10, 1980, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.25  Display of markings.

    (a) Each marking required by Sec. 183.23 must bepermanently 
displayed in a

[[Page 909]]

legible manner where it is clearlyvisible to the operator when getting 
the boat underway.
    (b) The information required by Sec. 183.23 must bedisplayed in the 
following manner:
    (1) For outboard boats:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, motor, gear
XXX Horsepower, motor

 or

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, motor, gear
XXX Horsepower, motor with remote steering
XXX Horsepower, motor without remote steering

    (2) For inboard boats and inboard-outboard boats:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, gear

    (3) For boats rated for motors of 2 horsepower or less:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, motor, gear
XXX Horsepower, motor

    (4) For boats rated for manual propulsion:

                   U.S. Coast Guard Maximum Capacities

XX Persons or XXX Pounds
XXX Pounds, persons, gear

               This Boat Not Rated for Propulsion by Motor

    (c) The capacity information displays required in paragraph (b)must 
meet the following as illustrated in Figure 183.25:
[GRAPHIC] [TIFF OMITTED] TC18OC91.019

    (1) The capacity information required in Sec. 183.23must be 
displayed within a yellow area that--
    (i) Is at least 4 inches wide; and
    (ii) Is high enough that each line of print is separated by atleast 
\1/8\ inch from each other and from the borders of the yellowarea;
    (2) The persons capacity in whole numbers must be black print 
withthe following dimensions:
    (i) The height must not be smaller than one-half inch;
    (ii) The width of the numbers must be three-fifths of the 
heightexcept for the number ``4'', which shall be one strokewidth wider, 
and the number

[[Page 910]]

``1'', which shall be onestroke in width;
    (iii) The stroke width shall be one-sixth of the height; and
    (iv) The minimum space between the numbers shall be one strokewidth.
    (3) The words in the line ``XX Persons or XXX Pounds''must be at 
least one-quarter inch in height but not larger than one-half the height 
of the persons capacity number and of a colorcontrasting with yellow. 
The number of pounds in this line must be atleast one-eighth inch in 
height but no larger than one-half the heightof the persons capacity 
number and of a color contrasting with yellow.
    (4) All remaining words and numbers required to be within theyellow 
area required in paragraph (c)(1) must be at least one-eighthinch in 
height, but no larger than one-half the height of the personscapacity 
number.
    (5) All other words and numbers on the displays must be 
locatedoutside the yellow area on a background color which contrasts 
withyellow.
    (6) The words ``Maximum Capacities'' must be at leastone-quarter 
inch in height and of color contrasting with itsbackground.
    (7) The words ``U.S. Coast Guard'' must be at leastone-eighth inch 
in height and of color contrasting with itsbackground.

[CGD 78-034, 45 FR 2029, Jan. 10, 1980]



Sec. 183.27  Construction of markings.

    Each marking required by Sec. 183.23 must be--
    (a) Capable of withstanding the combined effects of exposure 
towater, oil, salt spray, direct sunlight, heat, cold, and wear 
expectedin normal operation of the boat, without loss of legibility; and
    (b) Resistant to efforts to remove or alter the informationwithout 
leaving some obvious sign of such efforts.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980]



                         Subpart C_Safe Loading



Sec. 183.31  Applicability.

    This subpart applies to monohull boats less than 20 feet in 
lengthexcept sailboats, canoes, kayaks, and inflatable boats.



Sec. 183.33  Maximum weight capacity: Inboard and inboard-outdrive boats.

    (a) The maximum weight capacity (W) marked on a boat that has oneor 
more inboard or inboard-outdrive units for propulsion must notexceed the 
greater value of W obtained from either of the followingformulas:
[GRAPHIC] [TIFF OMITTED] TC18OC91.020

    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of thevolume of water 
displaced by the boat at its maximum level immersionin calm water 
without water coming aboard. For the purpose of thisparagraph, a boat is 
level when it is transversely level and wheneither of the two following 
conditions are met:
    (i) The forward point where the sheer intersects the 
verticalcenterline plane and the aft point where the sheer intersects 
theupper boundary of the transom (stern) are equidistant above the 
watersurface or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above 
thelowest point of water ingress.

[[Page 911]]

    (2) ``Boat weight'' is the combination of:
    (i) Hull weight;
    (ii) Deck and superstructure weight;
    (iii) Weight of permanent appurtenances; and
    (iv) Weight of full permanent fuel tanks.
    (3) ``Machinery weight'' is the combined weight ofinstalled engines 
or motors, control equipment, drive units, andbatteries.

[CGD 72-61R, 37 FR 15782, Aug. 4, 1972]

    Editorial Note: For Federal Register citationsaffecting Sec. 
183.33, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 183.35  Maximum weight capacity: Outboard boats.

    (a) The maximum weight capacity marked on a boat that is designedor 
intended to use one or more outboard motors for propulsion must bea 
number that does not exceed one-fifth of the difference between 
itsmaximum displacement and boat weight.
    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of thevolume of water 
displaced by the boat at its maximum level immersionin calm water 
without water coming aboard except for water comingthrough one opening 
in the motor well with its greatest dimension notover 3 inches for 
outboard motor controls or fuel lines. For thepurpose of this paragraph, 
a boat is level when it is transverselylevel and when either of the two 
following conditions are met:
    (i) The forward point where the sheer intersects the 
verticalcenterline plane and the aft point where the sheer intersects 
theupper boundary of the transom (stern) are equidistant above the 
watersurface or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above 
thelowest point of water ingress.
    (2) ``Boat weight'' is the combination of:
    (i) Hull weight;
    (ii) Deck and superstructure weight;
    (iii) Weight of permanent appurtenances; and
    (iv) Weight of full permanent fuel tanks.

[CGD 72-61, 37 FR 15782, Aug. 4, 1972, as amended byCGD 73-250, 40 FR 
43857, Sept. 23, 1975; CGD 75-176, 42FR 2681, Jan. 13, 1977; USCG-1999-
5832, 64 FR 34716,June 29, 1999]



Sec. 183.37  Maximum weight capacity: Boats rated for manual propulsion andboats rated for outboard motors of 2 horsepower or less.

    (a) The maximum weight capacity marked on a boat that is rated 
formanual propulsion or for motors of 2 horsepower or less must 
notexceed 3/10 of the difference between the boat's maximum 
displacementand the boat's weight in pounds.
    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of thevolume of water 
displaced by the boat at its maximum level immersionin calm water 
without water coming aboard. For the purpose of thisparagraph, a boat is 
level when it is transversely level and wheneither of the two following 
conditions are met:
    (i) The forward point where the sheer intersects the 
verticalcenterline plane and the aft point where the sheer intersects 
theupper boundary of the transom (stern) are equidistant above the 
watersurface or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above 
thelowest point of water ingress.
    (2) ``Boat weight'' is the combination of:
    (i) Hull weight;
    (ii) Deck and superstructure weight; and
    (iii) Weight of permanent appurtenances.

[CGD 72-61R, 37 FR 15782, Aug. 4, 1972]

    Editorial Note: For Federal Register citationsaffecting Sec. 
183.37, see the List of CFR SectionsAffected, which appears in the 
Finding Aids section of the printedvolume and on GPO Access.



Sec. 183.39  Persons capacity: Inboard and inboard-outdrive boats.

    (a) The persons capacity in pounds marked on a boat that isdesigned 
to

[[Page 912]]

use one or more inboard engines or inboard-outdriveunits for propulsion 
must not exceed the lesser of:
    (1) The maximum weight capacity determined underSec. 183.33 for the 
boat; or
    (2) For boats with a maximum persons capacity less than 550pounds, 
the maximum persons capacity determined in the followingmanner:
    (i) Float the boat in calm water with all its 
permanentappurtenances, including installed engines, full fuel system 
andtanks, control equipment, drive units and batteries.
    (ii) Gradually add weights along one outboard extremity of 
eachpassenger carrying area, at the height of the seat nearest the 
centerof that area, but no higher than the height of the gunwale 
anddistributed equally forward and aft of that center in a plane 
parallelto the floorboards, until the boat assumes the maximum list or 
trim orboth, without water coming aboard.
    (iii) Compute the persons capacity in pounds in the 
followingformula: Persons capacity=A/0.6 where A is the total of the 
weightsadded in paragraph (a)(2)(ii) of this section.
    (b) The maximum persons capacity in whole numbers of personsmarked 
on a boat that is designed or intended to use one or moreinboard engines 
or inboard-outboard units must not exceed the valueobtained by adding 32 
pounds to the value determined in paragraph (a)(2)(iii), dividing the 
sum by 141 and rounding off the result to thenearest whole number. If 
the fraction is less than one-half, rounddown to the next whole integer 
and if the fraction is equal to orgreater than one-half, round up to the 
next higher whole integer.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980, as amended byCGD 83-012, 49 FR 
39328, Oct. 5, 1984; 50 FR 18636, May 2,1985]



Sec. 183.41  Persons capacity: Outboard boats.

    (a) The persons capacity in pounds marked on a boat that isdesigned 
to use one or more outboard motors for propulsion must notexceed the 
lesser of:
    (1) The maximum weight capacity determined underSec. 183.35 for the 
boat minus the motor and control weight,battery weight (dry), and full 
portable fuel tank weight from Table 4of Subpart H of this part; or
    (2) For boats with a maximum persons capacity less than 550pounds, 
the maximum persons capacity determined in the followingmanner:
    (i) Float the boat with all its permanent appurtenances.
    (ii) Add, in normal operating positions, the dry motor and 
controlweight, battery weight, and full portable fuel tank weight, if 
any,shown in Table 4 of Subpart H of this part for the maximum 
horsepowercapacity marked on the boat. Permanently installed fuel tanks 
shall befull of fuel.
    (iii) Gradually add weights along one outboard extremity of 
eachpassenger carrying area, at the height of the seat nearest the 
centerof that area, but no higher than the height of the gunwale, 
anddistributed equally forward and aft of that center in a plane 
parallelto the floorboards until the boat assumes the maximum list or 
trim, orboth without water coming aboard.
    (iv) Compute the persons capacity in pounds using the 
followingformula: Persons capacity=A/0.6 where A is the total of the 
weightsadded in paragraph (a)(2)(iii) of this section.
    (b) The maximum persons capacity in whole numbers of personsmarked 
on a boat designed or intended to use one or more outboardmotors for 
propulsion must not exceed the value obtained by adding 32pounds to the 
lesser of the values determined in paragraph (a)(1) or(a)(2)(iv), 
dividing the sum by 141, and rounding off the result tothe nearest whole 
number. If the fraction is less than one-half, rounddown to the next 
lower whole integer and if the fraction is equal toor greater than one-
half, round up to the next higher whole integer.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980, as amended byCGD 83-012, 49 FR 
39328, Oct. 5, 1984; 50 FR 18636, May 2,1985]



Sec. 183.43  Persons capacity: Boats rated for manual propulsion and boatsrated for outboard motors of 2 horsepower or less.

    (a) The persons capacity in pounds marked on a boat that is ratedfor 
manual propulsion or for motors of 2 horsepower or less must notexceed:

[[Page 913]]

    (1) For boats rated for manual propulsion, 90 percent of themaximum 
weight capacity in pounds; and
    (2) For boats rated for motors of 2 horsepower or less, 90 percentof 
the maximum weight capacity in pounds, less 25 pounds.
    (b) The maximum persons capacity, in whole numbers of personsmarked 
on a boat that is rated for manual propulsion must not exceedthe value 
obtained by adding 32 pounds to the value determined inparagraph (a)(1), 
dividing the sum by 141, and rounding off the resultto the nearest whole 
number. If the fraction is less than one-half,round down to the next 
lower integer and if the fraction is equal toor greater than one-half, 
round up to the next higher whole integer.
    (c) The maximum persons capacity in whole numbers of personsmarked 
on a boat rated for motors of 2 horsepower or less must notexceed the 
value obtained by adding 32 pounds to the value determinedin paragraph 
(a)(2), dividing the sum by 141, and rounding off theresult to the 
nearest whole number. If the fraction is less than one-half, round down 
to the next lower whole integer and if the fractionis equal to or 
greater than one-half, round up to the next higherwhole integer.

[CGD 78-034, 45 FR 2031, Jan. 10, 1980]



                         Subpart D_Safe Powering



Sec. 183.51  Applicability.

    This subpart applies to monohull boats less than 20 feet inlength, 
except sailboats, canoes, kayaks, and inflatable boats, thatare designed 
or intended to use one or more outboard motors forpropulsion.



Sec. 183.53  Horsepower capacity.

    The maximum horsepower capacity marked on a boat must not exceedthe 
horsepower capacity determined by the computation method discussedin 
paragraph (a) of this section, or for certain qualifying boats, 
theperformance test method discussed in paragraph (b) of this section.
    (a) The maximum horsepower capacity must be computed as follows:
    (1) Compute a factor by multiplying the boat length in feet by 
themaximum transom width in feet excluding handles and other 
similarfittings, attachments, and extensions. If the boat does not have 
afull transom, the transom width is the broadest beam in the 
aftermostquarter length of the boat.
    (2) Locate horsepower capacity corresponding to the factor inTable 
183.53.
    (3) For a boat with a factor over 52.5, if the horsepower 
capacitycalculated in Table 183.53 is not an exact multiple of 5, it may 
beraised to the next exact multiple of 5.
    (4) For flat bottom hard chine boats with a factor of 52 or less,the 
horsepower capacity must be reduced by one horsepower capacityincrement 
in Table 183.53.

                                 Table 183.53--Outboard BoatHorsepower Capacity
                                   [Compute: Factor=Boat LengthxTransomWidth]
If factor (nearest integer)is.......................        0-35       36-39       40-42       43-45       46-52
----------------------------------------------------------------------------------------------------------------
Horsepower Capacity is..............................           3           5         7.5          10          15
----------------------------------------------------------------------------------------------------------------
 
[Note: For flat bottom hard chine boats, with factor of 52 or less,reduce one capacity limit (e.g. 5 to 3)]


----------------------------------------------------------------------------------------------------------------
                                                                No remote steering, or less than 20[sec] transom
                                        Remote steering and at                       height
  If factor is over 52.5 and theboat    least 20[sec] transom  -------------------------------------------------
                 has                            height            Forflat bottom hard
                                                                      chine boats            For other boats
----------------------------------------------------------------------------------------------------------------
Horsepower capacity is (raise to       (2xFactor) -90.........  (0.5xFactor)-15........  (0.8xFactor)-25
 nearest multiple of 5).
----------------------------------------------------------------------------------------------------------------

    (b) For boats qualifying under this paragraph, the performancetest 
method described in this paragraph may be

[[Page 914]]

used to determinethe horsepower capacity.
    (1) Qualifying criteria. (i) Thirteen feet or less inlength;
    (ii) Remote wheel steering;
    (iii) Transom height
    (A) Minimum 19 inch transom height; or,
    (B) For boats with at least a 19 inch motorwell height, a minimum15 
inch transom height;
    (iv) Maximum persons capacity not over two persons;
    (2) Boat preparation. (i) The boat must be rigged withequipment 
recommended or provided by the boat and motor manufacturerand tested 
with the highest horsepower production powerplant for whichthe boat is 
to be rated, not to exceed 40 horsepower.
    (ii) Standard equipment must be installed in accordance 
withmanufacturers' instructions.
    (iii) The lowest ratio (quickest) steering system offered on theboat 
model being tested must be installed.
    (iv) The outboard motor must be fitted with the 
manufacturer'srecommended propeller providing maximum speed.
    (v) Standard permanently installed fuel tanks must be no more 
thanone-half full. Boats without permanent tanks must be tested with 
onefull portable tank.
    (vi) Portable tanks must be in their designated location or placedas 
far aft as possible.
    (vii) The outboard motor must be placed in the lowest 
verticalposition on the transom or, if mounting instructions are 
provided withthe boat, at the height recommended.
    (viii) Boat bottom, motor and propeller must be in new or almostnew 
condition.

    Note: The use of the following special equipment should beconsidered 
because of the potential for exceeding the capabilities ofthe boat while 
performing the test:
Racing Type Personal Flotation Device
Helmet.

    (3) Test conditions. Testing must be conducted on smooth,calm water 
with the wind speed below 10 knots. The test must beconducted with no 
load other than a driver who must weigh no more than200 pounds. The 
motor trim angle must be adjusted to provide maximumfull throttle speed 
short of excessive porpoising or propellerventilation or ``cavitation'', 
so that there is no loss ofdirectional control.
    (4) Quick turn test procedure. Set throttle at a lowmaneuvering 
speed and steer the boat straight ahead. Turn the steeringwheel 180[deg] 
in the direction of least resistance in \1/2\ secondor less and hold it 
at that position without changing the throttle ortrim settings during or 
after the wheel change. The boat completes themaneuver successfully if 
it is capable of completing a 90[deg] turnwithout the driver losing 
control of the boat or reducing the throttlesetting. Gradually increase 
the boat's turn entry speed incrementallyuntil the boat does not 
complete the Quick Turn Test successfully orsuccessfully completes it at 
maximum throttle.

    Note: It is recognized that operator skill and familiaritywith a 
particular boat and motor combination will affect the testresults. It is 
permissible to make a number of practice runs throughthe quick turn test 
at any throttle setting.

    (5) Test course method. Set throttle for 30 miles per hourboat speed 
and run the test course set up in accordance with Figure183.53, passing 
outside the designated avoidance marker for 35 to 37.5miles per hour 
without contacting any of the course markers. If theboat successfully 
completes this run of the test course, increase thethrottle setting to 
35 to 37.5 miles per hour boat speed and run thecourse passing outside 
the designated avoidance marker for that speedwithout contacting any of 
the course markers. If the boat successfullycompletes this run of the 
test course and the motor was not at fullthrottle, increase the throttle 
setting to 37.5 to 42.5 miles per hourboat speed and run the course 
passing outside the designated avoidancemarker for that speed without 
contacting any of the course markers. Ifthe boat successfully completes 
this run of the test course and themotor was not at full throttle, 
increase the throttle setting to 42.5miles per hour or more and run the 
course passing outside thedesignated avoidance marker for that speed 
without contacting any ofthe course markers. If the boat successfully 
completes this run of thetest course and the motor was not at full

[[Page 915]]

throttle, continue toincrease the throttle setting and run the test 
course passing outsidethe designated avoidance marker for 42.5 miles per 
hour or more untilthe boat fails to complete the test successfully or 
the boat completesthe test course maneuvers successfully at full 
throttle. The boatsuccessfully completes the test course if the driver 
is able tomaneuver it between the designated avoidance markers without 
strikingthe markers and without losing control of the boat or reducing 
thethrottle setting. There must be no change in position of any 
equipmenton board and there must be no change of position of personnel 
in orderto influence the test results. There must be no instability 
evidencedby oscillating motion in the roll or yaw axes exhibited 
whilenegotiating the course.

    Note: It is recognized that operator skill and familiaritywith a 
particular boat and motor combination will affect the testresults. It is 
therefore considered permissible to make a number ofpractice runs 
through the test course at any throttle setting.

    (6) Maximum horsepower capacity. (i) For boats capable ofless than 
35 miles per hour, the maximum horsepower capacity must bethe maximum 
horsepower with which the boat was able to successfullycomplete the 
Quick Turn Test Procedure in Sec. 183.53(b)(4)at full throttle or the 
maximum horsepower determined under thecalculations in Sec. 183.53(a) 
of this section.
    (ii) For boats capable of 35 miles per hour or more, the 
maximumhorsepower capacity must be the maximum horsepower with which the 
boatwas able to successfully complete both the Quick Turn Test 
Procedurein Sec. 183.53(b)(4) and the Test Course Method inSec. 
183.53(b)(5) at full throttle or the calculations inSec. 183.53(a) of 
this section.
    (iii) The maximum horsepower capacity determined in accordancewith 
Sec. 183.53(b) must not exceed 40 horsepower.

   Figure 183.53--Boat Horsepower Capacity TestCourse--35 MPH or More
[GRAPHIC] [TIFF OMITTED] TC18OC91.021


[CGD 85-002, 51 FR 37574, Oct. 23, 1986]

Subpart E [Reserved]



  Subpart F_Flotation Requirements for Inboard Boats,Inboard/Outdrive 
                           Boats, and Airboats

    Source: CGD 75-168, 42 FR 20243, Apr. 18, 1977,unless otherwise 
noted.



Sec. 183.101  Applicability.

    This subpart applies to monohull inboard boats, inboard/
outdriveboats, and airboats less than 20 feet in length, except 
sailboats,canoes, kayaks, inflatable boats, submersibles, surface 
effectvessels, amphibious vessels, and raceboats.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.105  Quantity of flotation required.

    (a) Each boat must have enough flotation to keep any portion ofthe 
boat above the surface of the water when the boat has beensubmerged in 
calm, fresh water for at least 18 hours and loaded with:

[[Page 916]]

    (1) A weight that, when submerged, equals two-fifteenths ofthe 
persons capacity marked on the boat;
    (2) A weight that, when submerged, equals 25 percent of the 
deadweight; and
    (3) A weight in pounds that, when submerged, equals 62.4 times 
thevolume in cubic feet of the two largest air chambers, if air 
chambersare used for flotation.
    (b) For the purpose of this section, ``dead weight''means the 
maximum weight capacity marked on the boat minus the personscapacity 
marked on the boat.



Sec. 183.110  Definitions.

    For the purpose of this subpart:
    Bilge means the area in the boat, below a height of 4 inchesmeasured 
from the lowest point in the boat where liquid can collectwhen the boat 
is in its static floating position, except engine rooms.
    Connected means allowing a flow of water in excess of one-quarter 
ounce per hour from the engine room bilge into any othercompartment with 
a 12 inch head of water on the engine room side ofthe bulkhead.
    Engine room bilge means the area in the engine room or aconnected 
compartment below a height of 12 inches measured from thelowest point 
where liquid can collect in these compartments when theboat is in its 
static floating position.
    Engine room means the compartment where a permanentlyinstalled 
gasoline or diesel engine is installed, including connectedcompartments.
    Open to atmosphere means a compartment that has at least 15square 
inches of open area directly exposed to the atmosphere for eachcubic 
foot of net compartment volume.
    Sealed compartment means an enclosure that can resist anexterior 
water level of 12 inches without seepage of more than one-quarter fluid 
ounce per hour.

[CGD 77-145, 43 FR 56858, Dec. 4, 1978, as amended byCGD 82-010, 48 FR 
8273, Feb. 28, 1983; CGD 85-098, 52 FR19728, May 27, 1987; CGD 96-026, 
61 FR 33670, June 28, 1996;USCG-1999-5832, 64 FR 34716, June 29, 
1999;USCG-1999-5151, 64 FR 67176, Dec. 1, 1999]



Sec. 183.112  Flotation material and air chambers.

    (a) Flotation materials must meet the requirements inSec. 183.114 
as listed in Table 183.114 when used in the:(1) Engine room bilge, (2) 
engine room, or (3) bilge, unless locatedin a sealed compartment.
    (b) Air chambers used to meet the flotation requirements of 
thissubpart must not be integral with the hull.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934,Aug. 16, 1979]



Sec. 183.114  Test of flotation materials.

    (a) Vapor test. The flotation material must not reduce inbuoyant 
force more than 5 percent after being immersed in a fullysaturated 
gasoline vapor atmosphere for 30 days at a minimumtemperature of 38 
[deg]C.
    (b) 24-hour gasoline test. The flotation material must notreduce in 
buoyant force more than 5 percent after being immersed for24 hours at 23 
plus or minus 2 [deg]C in reference fuel B, of ASTM D471 (incorporated 
by reference, see Sec. 183.5).
    (c) 30-day gasoline test. The flotation material must notreduce in 
buoyant force more than 5 percent after being immersed for30 days at 23 
plus or minus 2 [deg]C in reference fuel B, of ASTM D471 (incorporated 
by reference, see Sec. 183.5).
    (d) 24-hour oil test. The flotation material must not reducein 
buoyant force more than 5 percent after being immersed for 24 hoursat 23 
plus or minus 2 [deg]C in reference oil No. 2, of ASTM D 
471(incorporated by reference, see Sec. 183.5).
    (e) 30-day oil test. The flotation material must not reducein 
buoyant force more than 5 percent after being immersed for 30 daysat 23 
plus or minus 2 [deg]C in reference oil No. 2, of ASTM D 
471(incorporated by reference, see Sec. 183.5).
    (f) 24-hour bilge cleaner test. The flotation material mustnot 
reduce in buoyant force more than 5 percent after being immersedfor 24 
hours at 23 plus or minus 2 [deg]C in a 5-percent solution oftrisodium 
phosphate in water.
    (g) 30-day bilge cleaner test. The flotation material mustnot reduce 
in buoyant force more than 5 percent after

[[Page 917]]

beingimmersed for 30 days at 23 plus or minus 2 [deg]C in a 5-
percentsolution of trisodium phosphate in water.
    (h) The buoyant force reduction in paragraphs (a) through (g) ofthis 
section is measured in accordance with ASTM D 2842 (incorporatedby 
reference, see Sec. 183.5).

               Table 183.114--Flotation Performance Tests
------------------------------------------------------------------------
                                                   Area 183.110
                                         -------------------------------
                                                        (c)
              Test 183.114                   (b)    Engineroom
                                           Engine     unless       (d)
                                            room      open to     Bilge
                                            bilge   atmosphere
------------------------------------------------------------------------
(a) Vapor test..........................  ........          X   ........
(b) 24 hour gasoline test...............  ........  ..........         X
(c) 30 day gasoline test................         X  ..........  ........
(d) 24 hour oil test....................  ........  ..........         X
(e) 30 day oil test.....................         X  ..........  ........
(f) 24 hour bilge cleaner test..........  ........  ..........         X
(g) 30 day bilge cleaner test...........         X  ..........  ........
------------------------------------------------------------------------


[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934,Aug. 16, 1979, as 
amended by USCG-2000-7223, 65 FR40059, June 29, 2000]



Subpart G_Flotation Requirements for Outboard Boats Ratedfor Engines of 
                         More Than 2 Horsepower

    Source: CGD 75-168, 42 FR 20243, Apr. 18, 1977,unless otherwise 
noted.

                                 General



Sec. 183.201  Applicability.

    (a) This subpart applies to monohull outboard boats that are:
    (1) Less than 20 feet in length; and
    (2) Rated for outboard engines of more than 2 horsepower.
    (b) This subpart does not apply to sailboats, canoes, 
kayaks,inflatable boats, submersibles, surface effect vessels, 
amphibiousvessels, and raceboats.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.202  Flotation and certification requirements.

    Each boat to which this subpart applies must be 
manufactured,constructed, or assembled to pass the stability and 
flotation testsprescribed in Sec. Sec. 183.225(a), 183.230(a), 
and183.235(a).



Sec. 183.205  Passenger carrying area.

    (a) For the purpose of this section a boat is level when it 
issupported on its keel at the two points shown in Figure 2.
    (b) As used in this subpart, the term ``passenger carryingarea'' 
means each area in a boat in which persons can sit in anormal sitting 
position or stand while the boat is in operation.Passenger carrying 
areas are illustrated in Figures 3 through 8.
    (c) The length of the passenger carrying area is the distancealong 
the centerline of the boat between two vertical lines, one atthe forward 
end and one at the aft end of the passenger carrying areawhen the boat 
is level as illustrated in Figures 3 and 4. For boatswith a curved stem 
inside the passenger carrying area, the forwardvertical line is where a 
line 45 degrees to the horizontal when theboat is level is tangent to 
the curve of the stem, as illustrated inFigure 5. For boats with cabins, 
the forward vertical line is wherethere is a minimum distance of two 
feet between the inside top of thecabin and the water line formed when 
the boat is swamped and loadedwith weights under Sec. 183.220 as 
illustrated in Figure 6.
    (d) The breadth of each passenger carrying area is the 
distancebetween two vertical lines at the mid-length, excluding 
consoles, ofthe passenger carrying area when the boat is level as 
illustrated inFigures 7 and 8. For boats with round chines inside the 
passengercarrying area, the vertical line is where a transverse line 45 
degreesto the horizontal is tangent to the arc of the chine, as 
illustratedin Figure 8.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.210  Reference areas.

    (a) The forward reference area of a boat is the forward most 2feet 
of the top surface of the hull or deck, as illustrated in Figure9.
    (b) The aft reference area of a boat is the aft most two feet ofthe 
top surface of the hull or deck, as illustrated in Figure 9.

[[Page 918]]



Sec. 183.215  Reference depth.

    Reference depth is the minimum distance between the uppermostsurface 
of the submerged reference area of a boat and the surface ofthe water 
measured at the centerline of the boat, as illustrated inFigure 10. If 
there is no deck surface at the centerline of the boatfrom which a 
measurement can be made, the reference depth is theaverage of two depth 
measurements made on opposite sides of, and at anequal distance from, 
the centerline of the boat.



Sec. 183.220  Preconditioning for tests.

    A boat must meet the following conditions for at least 18 
hoursbefore the tests required by Sec. Sec. 183.225, 183,230,and 
183.235:
    (a) Manufacturer supplied permanent appurtenances such aswindshields 
and convertible tops must be installed on the boat.
    (b) The boat must be loaded with a quantity of weight that, 
whensubmerged, is equal to the sum of the following:
    (1) The sum of 50 percent of the first 550 pounds of the 
personscapacity marked on the boat and 12\1/2\ percent of the remainder 
ofthe persons capacity.
    (2) Twenty-five percent of the result of the followingcalculation, 
but not less than zero: The maximum weight capacitymarked on the boat; 
less the weight shown in Column 6 of Table 4 formaximum horsepower 
marked on the boat; less the persons capacitymarked on the boat.
    (c) The weights required by paragraph (b) of this section must 
beplaced in the boat so that the center of gravity of each amount 
ofweight required by paragraphs (b)(1) and (b)(2) of this section 
iswithin the shaded area illustrated in Figure 11. The location 
anddimensions of the shaded area are as follows:
    (1) The shaded area is centered at the mid-length of the 
passengercarrying area and at the mid-breadth of the boat;
    (2) The length of the shaded area, measured along the centerlineof 
the boat, is equal to 40 percent of the length of the passengercarrying 
area of the boat; and
    (3) The breadth of the shaded area, measured at the midlength ofthe 
passenger carrying area, is equal to 40 percent of the breadth ofthe 
passenger carrying area of the boat.
    (d) Weight must be placed in the normal operating position of 
themotor and controls and the battery in lieu of this equipment. 
Therequired quantity of weight used for this purpose depends upon 
themaximum rated horsepower of the boat being tested and is specified 
inColumns 2 and 4 of Table 4 for the swamped weight of the motor 
andcontrols and for the submerged weight or the battery, respectively.
    (e) Permanent fuel tanks must be filled with fuel and eachexternal 
opening into the fuel tank must be sealed.
    (f) The boat must be keel down in the water.
    (g) The boat must be swamped, allowing water to flow between 
theinside and outside of the boat, either over the sides, through a 
hullopening, or both. Entrapped air in the flooded portion of the 
boatmust be eliminated.
    (h) Water must flood the two largest air chambers and all 
airchambers integral with the hull.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.222  Flotation material and air chambers.

    (a) Flotation materials must meet the requirements inSec. 183.114 
as listed in Table 183.114 when used in thebilge, unless located in a 
sealed compartment.
    (b) Air chambers used to meet the flotation requirements of 
thissubpart must not be integral with the hull.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934,Aug. 16, 1979]

                                  Tests



Sec. 183.225  Flotation test for persons capacity.

    Flotation standard. When the conditions prescribed inSec. 183.220 
are met, the boat must float in fresh, calmwater as follows:
    (a) The angle of heel does not exceed 10 degrees from thehorizontal.

[[Page 919]]

    (b) Any point on either the forward or aft reference area isabove 
the surface of the water.
    (c) The reference depth at the reference area that is opposite 
thereference area that is above the surface of the water is 6 inches 
orless.



Sec. 183.230  Stability test.

    (a) Flotation standard. When the conditions prescribed inSec. 
183.220 (a), (d) through (h) and paragraphs (b) and (c)of this section 
are met, the boat must float in fresh, calm water asfollows:
    (1) The angle of heel does not exceed 30 degrees from thehorizontal.
    (2) Any point on either the forward or aft reference area is 
abovethe surface of the water.
    (3) The reference depth at the reference area that is opposite 
thereference area that is above the surface of the water is 12 inches 
orless.
    (b) Quantity of weight used. Load the boat with a quantityof weight 
that, when submerged, is equal to the sum of the following:
    (1) One-half of the quantity of weight required bySec. 
183.220(b)(1).
    (2) The quantity of weight required by Sec. 183.220(b)(2).
    (c) Placement of quantity of weight: starboard side. Placethe weight 
required by paragraph (b) of this section in the boat sothat:
    (1) The quantity of weight required by Sec. 183.220(b)(2) is 
positioned in accordance with Sec. 183.220(c); and
    (2) One-half the quantity of weight required bySec. 183.220(b)(1) 
is uniformly distributed over a distancealong the outboard perimeter of 
the starboard side of the passengercarrying area that is equal to at 
least 30 percent of the length ofthe passenger carrying area so that the 
center of gravity of thequantity of weight is located within the shaded 
area illustrated inFigure 12, the center of gravity of the amount of 
weight placed on thefloor of the boat is at least 4 inches above the 
floor, and the centerof gravity of the amount of weight placed on a seat 
is at least 4inches above the seat. The location and dimensions of the 
shaded areaare as follows:
    (i) The shaded area is centered at the mid-length of the 
passengercarrying area;
    (ii) The length of the shaded area is equal to 70 percent of 
thelength of the passenger carrying area; and
    (iii) The breadth of the shaded area is 6 inches from:
    (A) For weights placed on the floor, the outboard perimeter of 
thepassenger carrying area; and
    (B) For weights placed on a seat, a vertical line inside 
thepassenger carrying area as illustrated in Figure 13.
    (d) Placement of quantity of weight: port side. The quantityof 
weight required by paragraph (b)(1) of this section is placed alongthe 
port side of the passenger carrying area in accordance with 
theconditions prescribed in paragraph (c)(2) of this section.



Sec. 183.235  Level flotation test without weights for persons capacity.

    When the conditions prescribed in Sec. 183.220 (a) and(d) through 
(h) are met, the boat must float in fresh, calm water asfollows:
    (a) The angle of heel does not exceed 10 degrees from thehorizontal.
    (b) Any point on either the forward or aft reference area is 
abovethe surface of the water.
    (c) The reference depth at the reference area that is opposite 
thereference area that is above the surface of the water is 6 inches 
orless.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Subpart H_Flotation Requirements for Outboard Boats Ratedfor Engines of 
                          2 Horsepower or Less

    Source: CGD 75-168, 42 FR 20245, Apr. 18, 1977,unless otherwise 
noted.

                                 General



Sec. 183.301  Applicability.

    (a) This subpart applies to monohull outboard boats that are:
    (1) Less than 20 feet in length; and
    (2) Rated for manual propulsion or outboard engines of 2horsepower 
or less.
    (b) This subpart does not apply to sailboats, canoes, 
kayaks,inflatable

[[Page 920]]

boats, submersibles, surface effect vessels,amphibious vessels, and 
raceboats.

[CGD 75-168, 42 FR 20245, Apr. 18, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.302  Flotation requirements.

    Each boat to which this subpart applies must be 
manufactured,constructed, or assembled to pass the stability and 
flotation testsprescribed in Sec. Sec. 183.325(a), 183.330(a), 
and183.335(a).



Sec. 183.305  Passenger carrying area.

    (a) For the purpose of this section, a boat is level when it 
issupported on its keel at the two points shown in Figure 2.
    (b) As used in this subpart, the term ``passenger carryingarea'' 
means each area in a boat in which persons can sit in anormal sitting 
position or stand while the boat is in operation.Passenger carrying 
areas are illustrated in Figures 3 through 8.
    (c) The length of each passenger carrying area is the distancealong 
the centerline of the boat between two vertical lines, one atthe forward 
end and one at the aft end of the passenger carrying area,when the boat 
is level, as illustrated in Figures 3 and 4. For boatswith a curved stem 
inside the passenger carrying area, the forwardvertical line is where a 
line 45 degrees to the horizontal when theboat is level is tangent to 
the curve of the stem, as illustrated inFigure 5. For boats with cabins, 
the forward vertical line is wherethere is a minimum distance of two 
feet between the inside top of thecabin and the water line formed when 
the boat is swamped and loadedwith weights under Sec. 183.320 as 
illustrated in Figure 6.
    (d) The breadth of the passenger carrying area is the distancebeteen 
two vertical lines at the mid-length, excluding consoles, ofthe 
passenger carrying area when the boat is level as illustrated inFigures 
7 and 8. For boats with round chines inside the passengercarrying area, 
the vertical line is where a transverse line 45 degreesto the horizontal 
is tangent to the arc of the chine, as illustratedin Figure 7.

[CGD 75-168, 42 FR 20245, Apr. 18, 1977; 42 FR 24738,May 16, 1977]



Sec. 183.310  Reference areas.

    (a) The forward reference area of a boat is the forwardmost 2 feetof 
the top surface of the hull or deck as illustrated in Figure 9.
    (b) The aft reference area of a boat is the aftmost two feet ofthe 
top surface of the hull or deck, as illustrated in Figure 9.



Sec. 183.315  Reference depth.

    Reference depth is the minimum distance between the uppermostsurface 
of the submerged reference area of a boat and the surface ofthe water 
measured at the centerline of the boat, as illustrated inFigure 10. If 
there is no deck surface at the centerline of the boatfrom which a 
measurement can be made, the reference depth is theaverage of two depth 
measurements made on opposite sides of, and at anequal distance from, 
the centerline of the boat.



Sec. 183.320  Preconditioning for tests.

    A boat must meet the following conditions for at least 18 
hoursbefore the tests required by Sec. Sec. 183.325, 183.330,and 
183.335:
    (a) Manufacturer supplied permanent appurtenances such 
aswindshields, and convertible tops must be installed on the boat.
    (b) The boat must be loaded with a quantity of weight that, 
whensubmerged, is equal to the sum of the following:
    (1) Two-fifteenths of the persons capacity marked on the boat.
    (2) Twenty-five percent of the result of the followingcalculation, 
but not less than zero: the maximum weight capacitymarked on the boat; 
less the weight shown in column 6 of Table 4 forthe maximum horsepower 
marked on the boat; less the persons capacitymarked on the boat.
    (c) The weights required by paragraph (b) of this section areplaced 
in the boat so that the center of gravity of each amount ofweight 
required by paragraphs (b)(1) and (b)(2) of this section iswithin the 
shaded area illustrated in Figure 11. The location anddimensions of the 
shaded area are as follows:
    (1) The shaded area is centered at the mid-length of the 
passengercarrying

[[Page 921]]

area and at the mid-breadth of the boat;
    (2) The length of the shaded area, measured along the centerlineof 
the boat, is equal to 40 percent of the length of the passengercarrying 
area of the boat; and
    (3) The breadth of the shaded area, measured at the mid-length ofthe 
passenger carrying area, is equal to 40 percent of the breadth ofthe 
passenger carrying area of the boat.
    (d) Weight must be placed in the normal operating position of 
themotor and controls in lieu of this equipment. The quantity of 
weightused for this purpose depends upon the maximum rated horsepower of 
theboat being tested and is specified in Column 2 of Table 4 for 
theswamped weight of the motor and controls.
    (e) Permanent fuel tanks must be filled with fuel and eachexternal 
opening into the fuel tank must be sealed.
    (f) The boat must be keel down in the water.
    (g) The boat must be swamped, allowing water to flow between 
theinside and the outside of the boat, either over the sides, through 
ahull opening, or both. Entrapped air in the flooded portion of theboat 
must be eliminated.



Sec. 183.322  Flotation materials.

    (a) Flotation materials must meet the requirements inSec. 183.114 
as listed in Table 183.114 when used in thebilge, unless located in a 
sealed compartment.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978; 44 FR 47934,Aug. 16, 1979]

                                  Tests



Sec. 183.325  Flotation test for persons capacity.

    Flotation standard. When the conditions prescribed inSec. 183.320 
are met, the boat must float in fresh, calmwater as follows:
    (a) The angle of heel does not exceed 10 degrees from thehorizontal.
    (b) Any point on either the forward or aft reference area is 
abovethe surface of the water.
    (c) The reference depth at the reference area that is opposite 
thereference area that is above the surface of the water is 6 inches 
orless.



Sec. 183.330  Stability test.

    (a) Flotation standard. When the conditions prescribed inSec. 
183.320 (a), (d) through (g) and paragraphs (b) and (c)of this section 
are met, the boat must float in fresh, calm water asfollows:
    (1) The angle of heel does not exceed 30 degrees from thehorizontal.
    (2) Any point on either the forward or aft reference area is 
abovethe surface of the water.
    (3) The reference depth at the reference area that is opposite 
thereference area that is above the surface of the water is 12 inches 
orless.
    (b) Quantity of weight used. Load the boat with quantity ofweight 
that, when submerged, is equal to the sum of the following:
    (1) One-half the quantity of weight required bySec. 183.320(b)(1).
    (2) The quantity of weight required by Sec. 183.320(b)(2).
    (c) Placement of quantity of weight: starboard side. Placethe 
quantity of weight required by paragraph (b) of this section inthe boat 
so that:
    (1) The quantity of weight required by Sec. 183.320(b)(2) is 
positioned in accordance with Sec. 183.320(c); and
    (2) One-half the quantity of weight required bySec. 183.320(b)(1) 
is uniformly distributed over a distancealong the outboard perimeter of 
the starboard side of the passengercarrying area that is equal to at 
least 30 percent of the length ofthe passenger carrying area so that the 
center of gravity of thequantity of weight is located within the shaded 
area illustrated inFigure 12, the center of gravity of the amount of 
weight placed on thefloor of the boat is at least 4 inches above the 
floor and the centerof gravity of the amount of weight placed on a seat 
is at least 4inches above the seat. The location and dimensions of the 
shaded areaare as follows:
    (i) The shaded area is centered at the mid-length of the 
passengercarrying area;
    (ii) The length of the shaded area is equal to 70 percent of 
thelength of the passenger carrying area; and
    (iii) The breadth of the shaded area is 6 inches from:
    (a) For weights placed on the floor, the outboard perimeterof the 
passenger carrying area; and

[[Page 922]]

    (b) For weights placed on a seat, a vertical lineinside the 
passenger carrying area as illustrated in Figure 13.
    (d) Placement of quantity of weight: port side. The quantityof 
weight required by paragraph (b)(1) of this section is placed alongthe 
port side of the passenger carrying area in accordance with 
theconditions prescribed in paragraph (c)(2) of this section.



Sec. 183.335  Level flotation test without weights for persons capacity.

    When the conditions prescribed in Sec. 183.320 (a) and(d) through 
(g) are met, the boat must float in fresh, calm water asfollows:
    (a) The angle of heel does not exceed 10 degrees from thehorizontal.
    (b) Any point on either the forward or aft reference area is 
abovethe surface of the water.
    (c) The reference depth at the reference area that is opposite 
thereference area that is above the surface of the water is 6 inches 
orless.

[CGD 75-168, 42 FR 20245, Apr. 18, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. Table 4 to Subpart H of Part183--Weights (Pounds) of Outboard Motor 
        and Related Equipmentfor Various Boat Horsepower Ratings

----------------------------------------------------------------------------------------------------------------
                                      Motor and control weight       Battery weight           Full
                                     ----------------------------------------------------   portable
       Boat horsepower rating                                                              fuel tank     1+3+5
                                          Dry        Swamped        Dry       Submerged      weight
----------------------------------------------------------------------------------------------------------------
                                                                      Column No.
                                     ---------------------------------------------------------------------------
                                           1            2            3            4            5           6
                                     ---------------------------------------------------------------------------
0.1 to 2............................           25           20  ...........  ...........  ...........         25
2.1 to 3.9..........................           40           34  ...........  ...........  ...........         40
4.0 to 7............................           60           52  ...........  ...........           25         35
7.1 to 15...........................           90           82           20           11           50        160
15.1 to 25..........................          125          105           45           25           50        220
25.1 to 45..........................          170          143           45           25          100        315
45.1 to 60..........................          235          195           45           25          100        380
60.1 to 80..........................          280          235           45           25          100        425
80.1 to 145.........................          405          352           45           25          100        550
145.1 to 275........................          430          380           45           25          100        575
275.1 and up........................          605          538           45           25          100        750
 
  Transoms designed for twin motors
 
50.1 to 90..........................          340          286           90           50          100        530
90.1 to 120.........................          470          390           90           50          100        660
120.1 to 160........................          560          470           90           50          100        750
160.1 to 290........................          810          704           90           50          100       1000
290.1 to 550........................          860          760           90           50          100       1050
550.1 and up........................         1210         1076           90           50          100       1400
----------------------------------------------------------------------------------------------------------------


[CGD 83-012, 49 FR 39328, Oct. 5, 1984]

[[Page 923]]



                  Sec. Figures to Subpart H of Part 183
[GRAPHIC] [TIFF OMITTED] TC18OC91.022



                      Subpart I_Electrical Systems

    Source: CGD 73-217, 42 FR 5944, Jan. 31, 1977,unless otherwise 
noted.

                                 General



Sec. 183.401  Purpose, applicability, and effective dates.

    (a) This subpart applies to all boats that have gasoline 
engines,except outboard engines, for electrical generation, mechanical 
power,or propulsion.

[[Page 924]]

    (b) [Reserved]

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55736, Dec. 15, 1983;USCG-1999-5832, 64 FR 34716, June 29, 1999]



Sec. 183.402  Definitions.

    As used in this subpart--
    AWG means American Wire Gauge.
    Electrical component means electrical equipment such as, butnot 
limited to, conductors, solenoids, motors, generators,alternators, 
distributors, resistors, appliances and electricalcontrol devices.
    Pigtails means external power conductors or wires that arepart of 
electrical components and appliances, such as bilge pumps,blowers, 
lamps, switches, solenoids, and fuses.
    Sheath means a material used as a continuous protectivecovering, 
such as electrical tape, molded rubber, molded plastic, orflexible 
tubing, around one or more insulated conductors.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended byCGD 85-098, 52 FR 
19728, May 27, 1987; CGD 96-026, 61 FR33670, June 28, 1996]



Sec. 183.405  General.

    Each electrical component on a boat to which this subpart 
appliesmust meet the requirements of this subpart unless the component 
ispart of an outboard engine or part of portable equipment.

                        Manufacturer Requirements



Sec. 183.410  Ignition protection.

    (a) Each electrical component must not ignite a propane gas andair 
mixture that is 4.25 to 5.25 percent propane gas by volumesurrounding 
the electrical component when it is operated at each ofits manufacturer 
rated voltages and current loadings, unless it isisolated from gasoline 
fuel sources, such as engines, and valves,connections, or other fittings 
in vent lines, fill lines, distributionlines or on fuel tanks, in 
accordance with paragraph (b) of thissection.
    (b) An electrical component is isolated from a gasoline fuelsource 
if:
    (1) A bulkhead that meets the requirements of paragraph (c) ofthis 
section is between the electrical component and the gasoline fuelsource;
    (2) The electrical component is:
    (i) Lower than the gasoline fuel source and a means is provided 
toprevent fuel and fuel vapors that may leak from the gasoline 
fuelsource from becoming exposed to the electrical component; or
    (ii) Higher than the gasoline fuel source and a deck or 
otherenclosure is between it and the gasoline fuel source; or
    (3) The space between the electrical component and the gasolinefuel 
source is at least two feet and the space is open to theatmosphere.
    (c) Each bulkhead required by paragraph (b)(1) of this sectionmust:
    (1) Separate the electrical component from the gasoline fuelsource 
and extend both vertically and horizontally the distance of theopen 
space between the fuel source and the ignition source;
    (2) Resist a water level that is 12 inches high or one-third ofthe 
maximum height of the bulkhead, whichever is less, without seepageof 
more than one-quarter fluid ounce of fresh water per hour; and
    (3) Have no opening located higher than 12 inches or one-third 
themaximum height of the bulkhead, whichever is less, unless the 
openingis used for the passage of conductors, piping, ventilation 
ducts,mechanical equipment, and similar items, or doors, hatches, and 
accesspanels, and the maximum annular space around each item or door, 
hatchor access panel must not be more than one-quarter inch.



Sec. 183.415  Grounding.

    If a boat has more than one gasoline engine, grounded crankingmotor 
circuits must be connected to each other by a common conductorcircuit 
that can carry the starting current of each of the groundedcranking 
motor circuits.



Sec. 183.420  Batteries.

    (a) Each installed battery must not move more than one inch in 
anydirection when a pulling force of 90 pounds or twice the 
batteryweight, whichever is less, is applied through the center of 
gravity ofthe battery as follows:
    (1) Vertically for a duration of one minute.

[[Page 925]]

    (2) Horizontally and parallel to the boat's center line for 
aduration of one minute fore and one minute aft.
    (3) Horizontally and perpendicular to the boat's center line for 
aduration of one minute to starboard and one minute to port.
    (b) Each battery must be installed so that metallic objects 
cannotcome in contact with the ungrounded battery terminals.
    (c) Each metallic fuel line and fuel system component within 
12inches and above the horizontal plane of the battery top surface 
asinstalled must be shielded with dielectric material.
    (d) Each battery must not be directly above or below a fuel 
tank,fuel filter, or fitting in a fuel line.
    (e) A vent system or other means must be provided to permit 
thedischarge from the boat of hydrogen gas released by the battery.
    (f) [Reserved]
    (g) Each battery terminal connector must not depend on springtension 
for its mechanical connection to the terminal.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55736, Dec. 15, 1983]



Sec. 183.425  Conductors: General.

    (a) Each conductor must be insulated, stranded copper.
    (b) Except for intermittent surges each conductor must not carry 
acurrent greater than that specified in Table 5 for the conductor'sgauge 
and temperature rating.
    (c) For conductors in engine spaces, amperages must be correctedby 
the appropriate correction factor in note 1 of Table 5.
    (d) Each conductor in a multiconductor sheath must be at least aNo. 
18 AWG conductor.
    (e) Each conductor installed separately must be at least a No. 16AWG 
conductor.
    (f) Each No. 18 AWG conductor in a multiconductor sheath may 
notextend out of the sheath more than 30 inches.
    (g) This section does not apply to communications systems;electronic 
navigation equipment; electronic circuits having a currentflow of less 
than one ampere; conductors which are totally inside anequipment 
housing; resistance conductors that control circuitamperage; high 
voltage secondary conductors and terminations that arein ignition 
systems; pigtails of less than seven inches of exposedlength and 
cranking motor conductors.

                                    Table 5--Allowable Amperage ofConductors
----------------------------------------------------------------------------------------------------------------
                                                      Temperature rating of conductorinsulation
                                    ----------------------------------------------------------------------------
                                                    75        80        90                    125
        Conductor size (AWG)          60 [deg]C   [deg]C    [deg]C    [deg]C       105      [deg]C    200 [deg]C
                                        (140       (167      (176      (194    [deg]C(221    (257    (392[deg]F)
                                       [deg]F)    [deg]F)   [deg]F)   [deg]F)    [deg]F)    [deg]F)
----------------------------------------------------------------------------------------------------------------
18.................................          10        10        15        20         20         25           25
16.................................          15        15        20        25         25         30           35
14.................................          20        20        25        30         35         40           45
12.................................          25        25        35        40         45         50           55
10.................................          40        40        50        55         60         70           70
8..................................          55        65        70        70         80         90          100
6..................................          80        95       100       100        120        125          135
4..................................         105       125       130       135        160        170          180
3..................................         120       145       150       155        180        195          210
2..................................         140       170       175       180        210        225          240
1..................................         165       195       210       210        245        265          280
0..................................         195       230       245       245        285        305          325
00.................................         225       265       285       285        330        355          370
000................................         260       310       330       330        385        410          430
0000...............................         300       360       385       385        445        475          510
----------------------------------------------------------------------------------------------------------------
                                                      NOTES
----------------------------------------------------------------------------------------------------------------
1. See the following table:           60 [deg]C        75  80[deg]C        90  105 [deg]C       125   200 [deg]C
                                                   [deg]C              [deg]C                [deg]C
                                           (140      (167      (176  (194[deg       (221       (257         (392
                                        [deg]F)   [deg]F)   [deg]F)       ]F)    [deg]F)    [deg]F)      [deg]F)
  Temperature rating ofconductor...        0.58      0.75      0.78      0.82       0.85       0.89         1.00
 
2. See the following table:          Correction
                                         factor
  Number of current carrying
   conductors:
    3..............................        0.70

[[Page 926]]

 
    4 to 6.........................         .60
    7 to 24........................         .50
    25 and above...................         .40
----------------------------------------------------------------------------------------------------------------


[CGD 73-217, 42 FR 5944, Jan. 31, 1977; 42 FR 24739,May 16, 1977, as 
amended by CGD 81-092, 48 FR 55736, Dec. 15,1983]



Sec. 183.430  Conductors in circuits of less than 50 volts.

    (a) Each conductor in a circuit that has a nominal voltage of 
lessthan 50 volts must:
    (1) Meet the requirements of Sec. 183.435; or
    (2) Meet:
    (i) The insulating material temperature rating requirements of 
SAEStandard J378; and
    (ii) SAE Standard J1127, or SAE Standard 1128.
    (b) This section does not apply to communication systems;electronic 
navigation equipment; resistance conductors that controlcircuit 
amperage; and pigtails of less than seven inches of exposedlength.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended byCGD 87-009, 53 FR 
36971, Sept. 23, 1988]



Sec. 183.435  Conductors in circuits of 50 volts or more.

    (a) Each conductor in a circuit that has a nominal voltage of 
50volts or more must be:
    (1) A conductor that has insulation listed and classified 
moistureresistant and flame retardant in Article 310, NFPA No. 70, 
NationalElectric Code;
    (2) A flexible cord type SO, STO, ST, SJO, SJT, or SJTO listed 
inArticle 400, NFPA No. 70, National Electric Code;
    (3) A conductor that meets IEEE Standard 45.
    (4) A conductor that meets UL Standard 1426.
    (b) Where the nominal circuit voltage of each of three or 
morecurrent carrying conductors in a duct, bundle, or cable is 50 volts 
ormore, the amperages of each of those conductors must not exceed 
thevalue in table 5 multiplied by the correction factor in note 2 
toTable 5 for the number of conductors that carry 50 volts or more.
    (c) This section does not apply to communication systems;electronic 
navigation equipment; resistance conductors that controlcircuit 
amperage; conductors in secondary circuits of ignitionsystems; and 
pigtails of less than seven inches of exposed length.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977; 42 FR 24739,May 16, 1977, as 
amended by CGD 80-047 and CGD 80-046,45 FR 85450, Dec. 29, 1980; CGD 87-
009, 53 FR 36972, Sept. 23,1988]



Sec. 183.440  Secondary circuits of ignition systems.

    (a) Each conductor in a secondary circuit of an ignition systemmust 
meet SAE Standard J557.
    (b) The connection of each ignition conductor to a spark plug,coil, 
or distributor must have a tight fitting cap, boot, or nipple.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.445  Conductors: Protection.

    (a) Each conductor or group of conductors that passes through 
abulkhead, structural member, junction box, or other rigid surface 
mustbe protected from abrasion.
    (b) Each ungrounded terminal or stud that is continuouslyenergized 
must meet Sec. 183.455 or must have a boot,nipple, cap, cover, or 
shield that prevents accidental short-circuiting at the terminals or 
studs.

[CGD 81-092, 48 FR 55736, Dec. 15, 1983]



Sec. 183.455  Overcurrent protection: General.

    (a) Each ungrounded current-carrying conductor must be protectedby a

[[Page 927]]

manually reset, tripfree circuit breaker or fuse.
    (b) A manually reset, trip-free circuit breaker or fuse must 
beplaced at the source of power for each circuit or conductor except:
    (1) If it is physically impractical to place the circuit breakeror 
fuse at the source of power, it may be placed within seven inchesof the 
source of power for each circuit or conductor measured alongthe 
conductor.
    (2) If it is physically impractical to place the circuit breakeror 
fuse at or within seven inches of the source of power, it may beplaced 
within 40 inches of the source of power for each circuit orconductor, 
measured along the conductor, if the conductor is containedthroughout 
its entire distance between the source of power and therequired circuit 
breaker or fuse in a sheath or enclosure such as ajunction box, control 
box, or enclosed panel.
    (c) The current rating of each circuit breaker or fuse must 
notexceed:
    (1) For circuits of less than 50 volts, 150% of the value of 
theamperage in Table 5 for the conductor size it is protecting; and
    (2) For circuits of 50 volts or more, the value of the amperage 
inTable 5 for the conductor size it is protecting. If this value doesnot 
correspond to a standard size or rated circuit breaker or fuse thenext 
larger size or rated circuit breaker or fuse may be used if itdoes not 
exceed 150% of the allowed current capacity of the conductor.
    (d) The voltage rating of each circuit breaker or fuse must not 
beless than the nominal circuit voltage of the circuit it is protecting.
    (e) This section does not apply to resistance conductors thatcontrol 
circuit amperage; conductors in secondary circuits of ignitionsystems; 
pigtails of less than seven inches of exposed length; andpower supply 
conductors in cranking motor circuits.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended byCGD 78-090, 44 FR 
68466, Nov. 29, 1979]



Sec. 183.460  Overcurrent protection: Special applications.

    (a) Each ungrounded output conductor from a storage battery musthave 
a manually reset, trip-free circuit breaker or fuse, unless theoutput 
conductor is in the main power feed circuit from the battery toan engine 
cranking motor. The circuit breaker or fuse must be within72 inches of 
the battery measured along the conductor, unless, forboats built prior 
to August 1, 1985, the circuit has a switch thatdisconnects the battery.
    (b) Each ungrounded output conductor from an alternator orgenerator, 
except for self-limiting alternators or generators, musthave a circuit 
breaker or fuse that has a current rating that does notexceed 120 
percent of the maximum rated current of the alternator orgenerator at 60 
[deg]C.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55736, Dec. 15, 1983]



                         Subpart J_Fuel Systems

    Source: CGD 74-209, 42 FR 5950, Jan. 31, 1977,unless otherwise 
noted.

                                 General



Sec. 183.501  Applicability.

    (a) This subpart applies to all boats that have gasoline 
engines,except outboard engines, for electrical generation, mechanical 
power,or propulsion.
    (b) [Reserved]

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55736, Dec. 15, 1983;USCG-1999-5832, 64 FR 34716, June 29, 1999]



Sec. 183.505  Definitions.

    As used in this subpart:
    Flame arrestor means a device or assembly that preventspassage of 
flame through a fuel vent.
    Fuel system means the entire assembly of the fuel fill,vent, tank, 
and distribution components, including pumps, valves,strainers, 
carburetors, and filters.
    Static floating position means the attitude in which a boatfloats in 
calm water, with each fuel tank filled to its ratedcapacity, but with no 
person or item of portable equipment on board.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 85-098, 52 FR 
19728, May 27, 1987]

[[Page 928]]



Sec. 183.507  General.

    Each fuel system component on a boat to which this subpart 
appliesmust meet the requirements of this subpart unless the component 
ispart of an outboard engine or is part of portable equipment.

                           Equipment Standards



Sec. 183.510  Fuel tanks.

    (a) Each fuel tank in a boat must have been tested by 
itsmanufacturer under Sec. 183.580 and not leak when subjectedto the 
pressure marked on the tank label underSec. 183.514(b)(5).
    (b) Each fuel tank must not leak if subjected to the fire testunder 
Sec. 183.590. Leakage is determined by the staticpressure test under 
Sec. 183.580, except that the testpressure must be at least one-fourth 
PSIG.
    (c) Each fuel tank of less than 25 gallons capacity must not leakif 
tested under Sec. 183.584.
    (d) Each fuel tank with a capacity of 25 to 199 gallons must notleak 
if tested under Sec. 183.586.
    (e) Each fuel tank of 200 gallons capacity or more must not leakif 
tested under Sec. Sec. 183.586 and 183.588.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55736, Dec. 15, 1983]



Sec. 183.512  Fuel tanks: Prohibited materials.

    (a) A fuel tank must not be constructed from terneplate.
    (b) Unless it has an inorganic sacrificial galvanic coating on 
theinside and outside of the tank, a fuel tank must not be 
constructedfrom black iron or carbon steel.
    (c) A fuel tank encased in cellular plastic or in fiber 
reinforcedplastic must not be constructed from a ferrous alloy.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977; 42 FR 24739,May 16, 1977]



Sec. 183.514  Fuel tanks: Labels.

    (a) Each fuel tank must have a label that meets the requirementsof 
paragraphs (b) through (d) of this section.
    (b) Each label required by paragraph (a) of this section mustcontain 
the following information:
    (1) Fuel tank manufacturer's name (or logo) and address.
    (2) Month (or lot number) and year of manufacture.
    (3) Capacity in U.S. gallons.
    (4) Material of construction.
    (5) The pressure the tank is designed to withstand withoutleaking.
    (6) Model number, if applicable.
    (7) The statement, ``This tank has been tested under 33 
CFR183.510(a).''
    (8) If the tank is tested under Sec. 183.584 at lessthan 25g 
vertical accelerations the statement, ``Must beinstalled aft of the 
boat's half length.''
    (c) Each letter and each number on a label must:
    (1) Be at least \1/16\ inch high and
    (2) Contrast with the basic color of the label or be embossed onthe 
label.
    (d) Each label must:
    (1) Withstand the combined effects of exposure to water, oil, 
saltspray, direct sunlight, heat, cold, and wear expected in 
normaloperation of the boat, without loss of legibility; and
    (2) Resist efforts to remove or alter the information on the 
labelwithout leaving some obvious sign of such efforts.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55737, Dec. 15, 1983;USCG-1999-5832, 64 FR 34716, June 29, 1999]



Sec. 183.516  Cellular plastic used to encase fuel tanks.

    (a) Cellular plastic used to encase metallic fuel tanks must:
    (1) Not change volume by more than five percent or dissolve 
afterbeing immersed in any of the following liquids for 24 hours at 
29[deg]C:
    (i) Reference fuel B ASTM D 471 (incorporated by reference, seeSec. 
183.5).
    (ii) No. 2 reference oil of ASTM D 471 (incorporated by 
reference,see Sec. 183.5).
    (iii) Five percent solution of trisodium phosphate in water; and
    (2) Not absorb more than 0.12 pound of water per square foot ofcut 
surface, measure under Military Specification MIL P-21929B.
    (b) Non-polyurethane cellular plastic used to encase metallic 
fueltanks must have a compressive strength of at least 60 pounds 
persquare inch at ten percent deflection measured under

[[Page 929]]

ASTM D 1621(incorporated by reference, see Sec. 183.5),``Compressive 
Strength of Rigid Cellular Plastics''.
    (c) Polyurethane cellular plastic used to encase metallic fueltanks 
must have a density of at least 2.0 pounds per cubic foot,measured under 
ASTM D 1622 (incorporated by reference, seeSec. 183.5), ``Apparent 
Density of Rigid CellularPlastics.''

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 77-98, 42 FR 
36253, July 14, 1977; CGD 81-092, 48 FR55737, Dec. 15, 1983; USCG-2000-
7223, 65 FR 40059, June29, 2000]



Sec. 183.518  Fuel tank openings.

    Each opening into the fuel tank must be at or above the 
topmostsurface of the tank.



Sec. 183.520  Fuel tank vent systems.

    (a) Each fuel tank must have a vent system that prevents pressurein 
the tank from exceeding 80 percent of the pressure marked on thetank 
label under Sec. 183.514(b)(5).
    (b) Each vent must:
    (1) Have a flame arrester that can be cleaned unless the vent 
isitself a flame arrestor; and
    (2) Not allow a fuel overflow at the rate of up to two gallons 
perminute to enter the boat.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.524  Fuel pumps.

    (a) Each diaphragm pump must not leak fuel from the pump if 
theprimary diaphragm fails.
    (b) Each electrically operated fuel pump must not operate exceptwhen 
the engine is operating or when the engine is started.
    (c) If tested under Sec. 183.590, each fuel pump, asinstalled in 
the boat, must not leak more than five ounces of fuel in2\1/2\ minutes, 
inclusive of leaks from fuel line, fuel filter andstrainer.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.526  Carburetors.

    (a) [Reserved]
    (b) Each carburetor must not leak more than five cubic centimetersof 
fuel in 30 seconds when:
    (1) The float valve is open;
    (2) The carburetor is at half throttle; and
    (3) The engine is cranked without starting; or
    (4) The fuel pump is delivering the maximum pressure specified byits 
manufacturer.
    (c) Each updraft and horizontal draft carburetor must have adevice 
that:
    (1) Collects and holds fuel that flows out of the carburetorventuri 
section toward the air intake;
    (2) Prevents collected fuel from being carried out of thecarburetor 
assembly by the shock wave of a backfire or by reverse airflow; and
    (3) Returns collected fuel to the engine induction system afterthe 
engine starts,

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.528  Fuel stop valves.

    (a) Each electrically operated fuel stop valve in a fuel linebetween 
the fuel tank and the engine must:
    (1) Open electrically only when the ignition switch is on; and
    (2) Operate manually.
    (b) If tested in accordance with the fire test underSec. 183.590, a 
fuel stop valve installed in a fuel linesystem requiring metallic fuel 
lines or ``USCG Type A1''hose must not leak fuel.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.530  Spud, pipe, and hose fitting configuration.

    Except when used for a tank fill line, each spud, pipe, or 
hosefitting used with hose clamps must have:
    (a) A bead;
    (b) A flare; or
    (c) A series of annular grooves or serrations no less than 
0.015inches deep, except a continuous helical thread, knurl, or groove.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]

[[Page 930]]



Sec. 183.532  Clips, straps, and hose clamps.

    (a) Each clip, strap, and hose clamp must:
    (1) Be made from a corrosion resistant material; and
    (2) Not cut or abrade the fuel line.
    (b) If tested in accordance with the fire test underSec. 183.590, a 
hose clamp installed on a fuel line systemrequiring metallic fuel lines 
or ``USCG Type A1'' hosemust not separate under a one pound tensile 
force.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.534  Fuel filters and strainers.

    If tested under Sec. 183.590, each fuel filter andstrainer, as 
installed in the boat, must not leak more than fiveounces of fuel in 
2\1/2\ minutes inclusive of leaks from the fuel pumpand fuel line.

[CGD 77-98, 42 FR 36253, July 14, 1977]



Sec. 183.536  Seals and gaskets in fuel filters and strainers.

    (a) [Reserved]
    (b) Each gasket and each sealed joint in a fuel filter andstrainer 
must not leak when subjected for 24 hours to a gasoline thathas at least 
a 50 percent aromatic content at the test pressure markedon the fuel 
tank label.

[CGD 81-092, 48 FR 55737, Dec. 15, 1983]



Sec. 183.538  Metallic fuel line materials.

    Each metallic fuel line connecting the fuel tank with the fuelinlet 
connection on the engine must:
    (a) Be made of seamless annealed copper, nickel copper, or copper-
nickel; and
    (b) Except for corrugated flexible fuel line, have a minimum 
wallthickness of 0.029 inches.



Sec. 183.540  Hoses: Standards and markings.

    (a) ``USCG Type A1'' hose means hose that meets theperformance 
requirements of:
    (1) SAE Standard J1527DEC85, Class 1 and the fire test inSec. 
183.590; or
    (2) Underwriters' Laboratories, Inc. (UL) Standard 1114.
    (b) ``USCG Type A2'' hose means hose that meets theperformance 
requirements of SAE Standard J1527DEC85, Class 2 and thefire test in 
Sec. 183.590;
    (c) ``USCG Type B1'' hose means hose that meets theperformance 
requirements of SAE Standard J1527DEC85, Class 1.
    (d) ``USCG Type B2'' hose means hose that meets theperformance 
requirements of SAE Standard J1527DEC85, Class 2.

    Note: SAE Class 1 hose has a permeation rating of 100 gramsor less 
fuel loss per square meter of interior surface in 24 hours.
    SAE Class 2 hose has a permeation rating of 300 grams or less 
fuelloss per square meter of interior surface in 24 hours.

    (e) Each ``USCG Type A1,'' ``USCG TypeA2,'' ``USCG Type B1,'' and 
``USCG TypeB2'' hose must be identified by the manufacturer by a marking 
onthe hose.
    (f) Each marking must contain the following information inEnglish:
    (1) The statement ``USCG TYPE (insert A1 or A2 or B1 orB2).''
    (2) The year in which the hose was manufactured.
    (3) The manufacturer's name or registered trademark.
    (g) Each character must be block capital letters and numerals 
thatare at least one eighth-inch high.
    (h) Each marking must be permanent, legible, and on the outside 
ofthe hose at intervals of 12 inches or less.

[CGD 85-098, 52 FR 19728, May 27, 1987]



Sec. 183.542  Fuel systems.

    (a) Each fuel system in a boat must have been tested by the 
boatmanufacturer and not leak when subjected to the greater of 
thefollowing pressures:
    (1) Three pounds per square inch; or
    (2) One and one-half times the pressure created in the lowest partof 
the fuel system when it is filled to the level of overflow withfuel.
    (b) The test pressure shall be obtained with air or inert gas.

[CGD 81-092, 48 FR 55737, Dec. 15, 1983]

[[Page 931]]

                        Manufacturer Requirements



Sec. 183.550  Fuel tanks: Installation.

    (a) Each fuel tank must not be integral with any boat structure 
ormounted on an engine.
    (b) Each fuel tank must not move at the mounting surface more 
thanonefourth inch in any direction.
    (c) Each fuel tank must not support a deck, bulkhead, or 
otherstructural component.
    (d) Water must drain from the top surface of each metallic fueltank 
when the boat is in its static floating position.
    (e) Each fuel tank support, chock, or strap that is not integralwith 
a metallic fuel tank must be insulated from the tank surface by 
anonmoisture absorbing material.
    (f) Cellular plastic must not be the sole support for a metallicfuel 
tank.
    (g) If cellular plastic is the sole support of a non-metallic 
fueltank, the cellular plastic must meet the requirements ofSec. 
183.516 (b) or (c).
    (h) Each fuel tank labeled under Sec. 183.514(b)(8) forinstallation 
aft of the boat's half length must be installed with itscenter of 
gravity aft of the boat's half length.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55737, Dec. 15, 1983;USCG-1999-5832, 64 FR 34716, June 29, 1999]



Sec. 183.552  Plastic encased fuel tanks: Installation.

    (a) Each fuel tank encased in cellular plastic foam or in 
fiberreinforced plastic must have the connections, fittings, and 
labelsaccessible for inspection and maintenance.
    (b) If a metallic fuel tank is encased in cellular plastic or 
infiber reinforced plastic, water must not collect between the 
plasticand the surface of the tank or be held against the tank by 
capillaryaction.
    (c) If the plastic is bonded to the surface of a metallic fueltank, 
the adhesive strength of the metal to the plastic bond mustexceed the 
cohesive strength of the plastic.



Sec. 183.554  Fittings, joints, and connections.

    Each fuel system fitting, joint, and connection must be arrangedso 
that it can be reached for inspection, removal, or maintenancewithout 
removal of permanent boat structure.



Sec. 183.556  Plugs and fittings.

    (a) A fuel system must not have a fitting for draining fuel.
    (b) A plug used to service the fuel filter or strainer must have 
atapered pipethread or be a screw type fitted with a locking deviceother 
than a split lock washer.



Sec. 183.558  Hoses and connections.

    (a) Each hose used between the fuel pump and the carburetor mustbe 
``USCG Type A1'' hose.
    (b) Each hose used--
    (1) For a vent line or fill line must be:
    (i) ``USCG Type A1'' or ``USCG Type A2'';or
    (ii) ``USCG Type B1'' or ``USCG Type B2''if no more than five ounces 
of fuel is discharged in 2\1/2\ minuteswhen:
    (A) The hose is severed at the point where maximum drainage offuel 
would occur,
    (B) The boat is in its static floating position, and
    (C) The fuel system is filled to the capacity market on the 
tanklabel under Sec. 183.514(b)(3).
    (2) From the fuel tank to the fuel inlet connection on the 
enginemust be:
    (i) ``USCG Type A1''; or
    (ii) ``USCG Type B1'' if no more than five ounces offuel is 
discharged in 2\1/2\ minutes when:
    (A) The hose is severed at the point where maximum drainage offuel 
would occur,
    (B) The boat is in its static floating position, and
    (C) The fuel system is filled to the capacity marked on the 
tanklabel under Sec. 183.514(b)(3).
    (c) Each hose must be secured by:
    (1) A swaged sleeve;
    (2) A sleeve and threaded insert; or
    (3) A hose clamp.
    (d) The inside diameter of a hose must not exceed the actual 
minoroutside diameter of the connecting spud,

[[Page 932]]

pipe, or fitting by morethan the distance shown in Table 8.

                                 Table 8
If minor outside diameter of the            The inside diameter of the
 connecting spud, pipe, or fittingis--       hose must not exceed the
                                             minoroutside diameter of
                                             the connecting spud, pipe,
                                             or hose fitting by morethan
                                             the following distance:
Less than \3/8\ in........................  0.020 in.
\3/8\ in. to 1 in.........................  0.035 in.
Greater than 1 in.........................  0.065 in.
 


[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.560  Hose clamps: Installation.

    Each hose clamp on a hose from the fuel tank to the fuel 
inletconnection on the engine, a hose between the fuel pump and 
thecarburetor, or a vent line must:
    (a) Be used with hose designed for clamps;
    (b) [Reserved]
    (c) Be beyond the bead, flare, or over the serrations of themating 
spud, pipe, or hose fitting; and
    (d) Not depend solely on the spring tension of the clamp 
forcompressive force.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.562  Metallic fuel lines.

    (a) Each metallic fuel line that is mounted to the boat 
structuremust be connected to the engine by a flexible fuel line.
    (b) Each metallic fuel line must be attached to the boat'sstructure 
within four inches of its connection to a flexible fuelline.



Sec. 183.564  Fuel tank fill system.

    (a) Each fuel fill opening must be located so that a 
gasolineoverflow of up to five gallons per minute for at least five 
secondswill not enter the boat when the boat is in its static 
floatingposition.
    (b) Each hose in the tank fill system must be secured to a 
pipe,spud, or hose fitting by:
    (1) A swaged sleeve;
    (2) A sleeve and threaded insert; or
    (3) Two adjacent metallic hose clamps that do not depend solely 
onthe spring tension of the clamps for compressive force.
    (c) Each hose clamp in the tank fill system must be used with ahose 
designed for clamps.
    (d) Hose clamps used in the tank fill system must:
    (1) Have a minimum nominal band width of at least one-half inch;and
    (2) Be over the hose and the spud, pipe, or hose fitting.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.566  Fuel pumps: Placement.

    Each fuel pump must be on the engine it serves or within 12 inchesof 
the engine, unless it is a fuel pump used to transfer fuel betweentanks.



Sec. 183.568  Anti-siphon protection.

    Each fuel line from the fuel tank to the fuel inlet connection onthe 
carburetor must:
    (a) Be above the level of the tank top; or
    (b) Have an anti-siphon device or an electrically operated fuelstop 
valve:
    (1) At the tank withdrawal fitting; or
    (2) Installed so the line from the fuel tank is above the top ofthe 
tank; or
    (c) Provided that the fuel tank top is below the level of 
thecarburetor inlet, be metallic fuel lines meeting the 
constructionrequirements of Sec. 183.538 or ``USCG Type A1''hose, with 
one or two manual shutoff valves installed as follows:
    (1) Directly at the fuel tank connection arranged to be 
readilyaccessible for operation from outside of the compartment, and
    (2) If the length of fuel line from the tank outlet to the 
engineinlet is greater than 12 feet, a manual shutoff valve shall 
beinstalled at the fuel inlet connection to the engine.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55737, Dec. 15, 1983; CGD 85-098, 52FR 19729, May 27, 1987]



Sec. 183.570  Fuel filters and strainers: Installation.

    Each fuel filter and strainer must be supported on the engine orboat 
structure independent from its fuel line connections, unless thefuel 
filter or strainer is inside a fuel tank.

[[Page 933]]



Sec. 183.572  Grounding.

    Each metallic component of the fuel fill system and fuel tankwhich 
is in contact with fuel must be statically grounded so that 
theresistance between the ground and each metallic component of the 
fuelfill system and fuel tank is less than 100 ohms.

                                  Tests



Sec. 183.580  Static pressure test for fuel tanks.

    A fuel tank is tested by performing the following procedures inthe 
following order:
    (a) Fill the tank with air or inert gas to the pressure marked onthe 
tank label under Sec. 183.514(b)(5).
    (b) Examine each tank fitting and seam for leaks using a 
leakdetection method other than the pressure drop method.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.584  Shock test.

    A fuel tank is tested by performing the following procedures inthe 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) If the tank is non-metallic, fill it to capacity with agasoline 
that has at least a 50 percent aromatic content. Keep thefuel in the 
tank at 21 [deg]C or higher for 30 days prior to testing.
    (c) Mount the tank to the platform of an impact test machine.
    (d) Fill the tank to capacity with water.
    (e) Apply one of the following accelerations within three inchesof 
the center of the horizontal mounting surface of the tank. Theduration 
of each vertical acceleration pulse is measured at the baseof the shock 
envelope.
    (1) If the tank is not labeled under Sec. 183.514(b)(8)for 
installation aft of the half length of the boat, apply 1000 cyclesof 25g 
vertical accelerations at a rate of 80 cycles or less perminute. The 
duration of the acceleration pulse must be between 6 and14 milliseconds.
    (2) If the tank is manufactured for installation with its centerof 
gravity aft of the half length of the boat, apply 1000 cycles of15g 
vertical accelerations at a rate of 80 cycles or less per minute.The 
duration of the shock pulse must be between 6 and 14 milliseconds.
    (f) Perform the static pressure test under Sec. 183.580.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.586  Pressure impulse test.

    A fuel tank is tested by performing the following procedures inthe 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) If the tank is non-metallic, fill it to capacity with agasoline 
that has at least a 50 percent aromatic content. Keep thefuel in the 
tank at 21 [deg]C or higher for 30 days prior to testing.
    (c) Mount the tank on a test platform.
    (d) Fill the tank to capacity with water.
    (e) Cap and seal each opening in the tank.
    (f) Apply 25,000 cycles of pressure impulse at the rate of no 
morethan 15 impulses per minute varying from zero to three PSIG to 
zeroinside the tank top from a regulated source of air, inert gas, 
orwater.
    (g) Perform the static pressure test under Sec. 183.580.



Sec. 183.588  Slosh test.

    A fuel tank is tested by performing the following procedures inthe 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) Perform the pressure impulse test underSec. 183.586.
    (c) Secure the tank to the platform of a tank rocker assembly.
    (d) Fill the tank to one-half capacity with water.
    (e) Cap and seal each opening in the tank.
    (f) Apply 500,000 cycles or rocking motion 15 degrees to each sideof 
the tank centerline at the rate of 15 to 20 cycles a minute. Theaxis of 
rotation of the rocker and fuel tank must be perpendicular tothe 
centerline of the tank length at a level six inches or less aboveor 
below the tank's bottom.

[[Page 934]]

    (g) Perform the static pressure test underSec. 183.580.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byUSCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.590  Fire test.

    (a) A piece of equipment is tested under the following conditionsand 
procedures:
    (1) Fuel stop valves, ``USCG Type A1'' or USCG TypeA2'' hoses and 
hose clamps are tested in a fire chamber.
    (2) Fuel filters, strainers, and pumps are tested in a firechamber 
or as installed on the engine in the boat.
    (3) Fuel tanks must be tested filled with fuel to one-fourth 
thecapacity marked on the tank in a fire chamber or in an actual 
orsimulated hull section.
    (b) Each fire test is conducted with free burning heptane and 
thecomponent must be subjected to a flame for 2\1/2\ minutes.
    (c) If the component is tested in a fire chamber:
    (1) The temperature within one inch of the component must be atleast 
648 [deg]C sometime during the 2\1/2\ minute test;
    (2) The surface of the heptane must be 8 to 10 inches below 
thecomponent being tested; and
    (3) The heptane must be in a container that is large enough topermit 
the perimeter of the top surface of the heptane to extendbeyond the 
vertical projection of the perimeter of the component beingtested.
    (d) If the component is being tested as installed on an 
engine,heptane sufficient to burn 2\1/2\ minutes must be poured over 
thecomponent and allowed to run into a flat bottomed pan under 
theengine. The pan must be large enough to permit the perimeter of 
thetop surface of the heptane to extend beyond the vertical projection 
ofthe perimeter of the engine.
    (e) If a fuel tank is being tested in an actual or simulated 
hullsection, the actual or simulated hull section must be of 
sufficientsize to contain enough heptane to burn for 2\1/2\ minutes in a 
placeadjacent to the tank.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended byCGD 77-98, 42 FR 
36253, July 14, 1977; CGD 85-098, 52 FR19729, May 27, 1987]



                          Subpart K_Ventilation

    Source: CGD 76-082, 44 FR 73027, Dec. 17, 1979,unless otherwise 
noted.



Sec. 183.601  Applicability.

    This subpart applies to all boats that have gasoline engines 
forelectrical generation, mechanical power, or propulsion.

[USCG-1999-5832, 64 FR 34716, June 29, 1999]



Sec. 183.605  Definitions.

    As used in this subpart:
    ``Fuel'' means gasoline.
    ``Open to the atmosphere'' means a compartment thathas at least 15 
square inches of open area directly exposed to theatmosphere for each 
cubic foot of net compartment volume.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended byCGD 85-098, 52 FR 
19729, May 27, 1987]



Sec. 183.607  Incorporation by reference.

    (a) The following standards are incorporated by reference. Copiesmay 
be obtained from the sources indicated. They are also availablefor 
inspection at Coast Guard Headquarters, 2100 Second Street, 
SW.,Washington, DC 20593-0001 and 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.
    (1) AMCA Standard 210-74, Figure 12. Air Moving andConditioning 
Association, 30 West University Drive, Arlington Heights,Illinois 60004.
    (2) ASTM Standard D 471. American Society for Testing andMaterials, 
100 Barr Harbor Drive, West Conshohocken, PA19428-2959.
    (3) UL Standard 1128, Underwriters Laboratories, Incorporated, 
12Laboratory Drive, Research Triangle Park, NC 27709-3995.
    (b) The Director of the Federal Register approved theincorporation 
by reference in paragraph (a)(2) on September 26, 1976and the 
incorporations

[[Page 935]]

in paragraphs (a) (1) and (3) on March 24,1978.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended byCGD 82-010, 48 FR 
8273, Feb. 28, 1983;USCG-2000-7223, 65 FR 40059, June 29, 2000; 69 FR 
18803,Apr. 9, 2004]



Sec. 183.610  Powered ventilation system.

    (a) Each compartment in a boat that has a permanently 
installedgasoline engine with a cranking motor must:
    (1) Be open to the atmosphere, or
    (2) Be ventilated by an exhaust blower system.
    (b) Each exhaust blower or combination of blowers must be rated atan 
air flow capacity not less than that computed by the formulas givenin 
Table 183.610, Column 2. Blower rating must be determined accordingto 
AMCA Standard 210-74, Figure 12, or UL Standard 1128.

                              Table 183.610
------------------------------------------------------------------------
           Col. 1 \1\                  Col.2 \2\          Col. 3 \3\
------------------------------------------------------------------------
Below 34........................  Fr=50.............  Fo=20
34 to 100.......................  Fr=1.5V...........  Fo=0.6V
Over 100........................  Fr=V/2+100........  Fo=0.2V+40
------------------------------------------------------------------------
\1\ Net compartment volume of engine compartment andcompartments open
  thereto (V) cubic feet.
\2\ Rated blower capacity (Fr) cubic feet per minute.
\3\ Blower system output (Fo) cubic feet per minute.

    (c) Each exhaust blower system required by paragraph (a)(2) ofthis 
section must exhaust air from the boat at a rate which meets 
therequirements of Table 183.610, Column 3 when the engine is 
notoperating.
    (d) Each intake duct for an exhaust blower must be in the lowerone-
third of the compartment and above the normal level of accumulatedbilge 
water.
    (e) More than one exhaust blower may be used in combination tomeet 
the requirements of this section.
    (f) Each boat that is required to have an exhaust blower must havea 
label that:
    (1) Is located as close as practicable to each ignition switch;
    (2) Is in plain view of the operator; and
    (3) Has at least the following information:

WARNING--GASOLINE VAPORS CAN EXPLODE. BEFORE STARTINGENGINE OPERATE 
BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGEFOR GASOLINE 
VAPORS.



Sec. 183.620  Natural ventilation system.

    (a) Except for compartments open to the atmosphere, a 
naturalventilation system that meets the requirements ofSec. 183.630 
must be provided for each compartment in a boatthat:
    (1) Contains a permanently installed gasoline engine;
    (2) Has openings between it and a compartment that 
requiresventilation, where the aggregate area of those openings exceeds 
2percent of the area between the compartments, except as provided 
inparagraph (c) of this section;
    (3) Contains a permanently installed fuel tank and an 
electricalcomponent that is not ignition protected in accordance 
withSec. 183.410(a);
    (4) Contains a fuel tank that vents into that compartment; or
    (5) Contains a non-metallic fuel tank:
    (i) With an aggregate permeability rate exceeding 1.2 grams offuel 
loss in 24 hours per cubic foot of net compartment volume, or
    (ii) If the net compartment volume is less than one cubic 
foot,having a permeability rate exceeding 1.2 grams of fuel loss in 
24hours.
    Note: Reference fuel ``C'' at 40 degrees Celsiusplus or minus 2 
degrees Celsius from ASTM standard D 471 (incorporatedby reference, see 
Sec. 183.5) is to be used in determiningthe permeability rate.
    (b) Each supply opening required in Sec. 183.630 must belocated on 
the exterior surface of the boat.
    (c) An accommodation compartment above a compartment 
requiringventilation that is separated from the compartment 
requiringventilation by a deck or other structure is excepted from 
paragraph(a)(2) of this section.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended byCGD 76-082(a), 46 
FR 27645, May 21, 1981; CGD 85-059, 51FR 37577, Oct. 23, 1986; USCG-
1999-5832, 64 FR 34716,June 29, 1999; USCG-1999-5151, 64 FR 67176, Dec. 
1,1999]



Sec. 183.630  Standards for natural ventilation.

    (a) For the purpose of Sec. 183.620, ``naturalventilation'' means 
an airflow in a compartment in a boatachieved by having:

[[Page 936]]

    (1) A supply opening or duct from the atmosphere or from aventilated 
compartment or from a compartment that is open to theatmosphere; and
    (2) An exhaust opening into another ventilated compartment or 
anexhaust duct to the atmosphere.
    (b) Each exhaust opening or exhaust duct must originate in thelower 
third of the compartment.
    (c) Each supply opening or supply duct and each exhaust opening 
orexhaust duct in a compartment must be above the normal accumulation 
ofbilge water.
    (d) Except as provided in paragraph (e) of this section, 
supplyopenings or supply ducts and exhaust openings or exhaust ducts 
musteach have a minimum aggregate internal cross-sectional area 
calculatedas follows:

A=5 ln (V/5);

where:

(1) A is the minimum aggregate internal cross-sectional area ofthe 
openings or ducts in square inches;
(2) V is the net compartment volume in cubic feet, including thenet 
volume of other compartments connected by openings that exceed 2percent 
of the area between the compartments; and
(3) ln (V/5) is the natural logarithm of the quantity (V/5).

    (e) The minimum internal cross-sectional area of each supplyopening 
or duct and exhaust opening or duct must exceed 3.0 squareinches.
    (f) The minimum internal cross-sectional area of terminal 
fittingsfor flexible ventilation ducts installed to meet the 
requirements ofparagraph (d) of this section must not be less than 80 
percent of therequired internal cross-sectional area of the flexible 
ventilationduct.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979; 45 FR 7544,Feb. 4, 1980]



                   Subpart L_Start-in-Gear Protection

    Source: CGD 79-137, 46 FR 3515, Jan. 15, 1981,unless otherwise 
noted.



Sec. 183.701  Applicability.

    This subpart applies to outboard motors and starting controls, andto 
manufacturers, distributors or dealers installing such equipment.

[USCG-1999-5832, 64 FR 34716, June 29, 1999]



Sec. 183.705  Definitions.

    For the purposes of this subpart:
    (a) Outboard motor means a self-contained propulsion systemof any 
horsepower rating designed to be installed on, and removablefrom the 
transom of a boat.
    (b) Static thrust means the forward or backward thrustdeveloped by 
an outboard motor and associated propulsion unit whilestationary.
    (c) Starting control means the motor throttle, shift andstarting 
control mechanisms located at a position remote from theoutboard motor.
    (d) Local starting means operating a mechanical orelectrical 
starting device built into the outboard motor.
    (e) Distributor means any person engaged in the sale anddistribution 
of boats or associated equipment for the purpose ofresale.
    (f) Dealer means any person who is engaged in the sale 
anddistribution of boats or associated equipment to purchasers who 
theseller in good faith believes to be purchasing any such boat 
orassociated equipment for purposes other than resale.



Sec. 183.710  Start-in-gear protection required.

    (a) Any outboard motor which is capable of developing a staticthrust 
of 115 pounds or more at any motor operating speed with anypropeller or 
jet attachment recommended for or shipped with the motorby the 
manufacturer, must be equipped with a device to prevent themotor being 
started when controls are set so as to attain that thrustlevel, as 
follows:
    (1) Outboard motors designed for local starting must have a built-in 
start-in-gear protection device.
    (2) Outboard motors designed for remote starting must have eithera 
built-in start-in-gear protection device or be installed with 
remotestarting controls containing this device. An outboard motor 
designedfor remote starting that does not have a built-in start-in-
gearprotection device must, at the time of sale, have a tag or 
labelattached at the location of the control

[[Page 937]]

connection, containingthe following information: ``Starting controls 
installed withthis motor must comply with USCG requirements for start-
in-gearprotection in 33 CFR Part 183, Subpart L.'' The letters 
andnumbers on the tag or label must be at least \1/8\ inch high.
    (b) Starting controls must have a tag or label with the 
followinginformation to indicate whether or not they have been equipped 
with astart-in-gear protection device: ``This control will (or willnot) 
provide start-in-gear protection meeting USCG requirements of 33CFR Part 
183, Subpart L.'' The letters and numbers on the tag orlabel must be at 
least \1/8\ inch high.
    (c) Any manufacturer, distributor or dealer installing an 
outboardmotor displaying the label described in paragraph (a)(2) of 
thissection must properly match it with a compatible starting control 
thatcontains a start-in-gear protection device.



Sec. 183.715  Exception.

    Outboard motors designed to be equipped for remote starting, 
butwhich also have a provision for local starting in emergencies, 
neednot comply with Sec. 183.710 for their local startingsystem. 
However, the following information must be displayed on themotor: 
``Warning--Ensure shift control is in neutralbefore starting motor''. 
This information must be clearlyvisible to a person using the emergency 
starting device.



                       Subpart M_Navigation Lights

    Source: USCG-1999-6580, 66 FR 55091, Nov.1, 2001, unless otherwise 
noted.



Sec. 183.801  Applicability.

    This subpart applies to recreational vessel 
manufacturers,distributors, and dealers installing such equipment in 
newrecreational vessels constructed after November 1, 2002.



Sec. 183.803  Definitions.

    As used in this subpart:
    Dealer means any person who is engaged in the sale anddistribution 
of recreational vessels to purchasers who the seller ingood faith 
believes to be purchasing any such recreational vessel forpurposes other 
than resale.
    Distributor means any person engaged in the sale anddistribution of 
recreational vessels for the purpose of resale.
    Manufacturer means any person engaged in:
    (1) The manufacture, construction, or assembly of 
recreationalvessels, or
    (2) The importation of recreational vessels into the United 
Statesfor subsequent sale.
    Navigation lights are those lights prescribed by theNavigation Rules 
(Commandant Instruction 16672.2 series) to indicate avessel's presence, 
type, operation, and relative heading.



Sec. 183.810  Navigation light certification requirements.

    (a) Except as provided by paragraph (b) of this section, 
eachnavigation light must--
    (1) Meet the technical standards of the applicable NavigationRules;
    (2) Be certified by a laboratory listed by the Coast Guard to 
thestandards of ABYC A-16 (incorporated by reference, seeSec. 183.5) or 
equivalent, although portable battery-poweredlights need only meet the 
requirements of the standard applicable tothem; and
    (3) Bear a permanent and indelible label that is visible 
withoutremoving or disassembling the light and that states the 
following:
    (i) ``USCG Approval 33 CFR 183.810.''
    (ii) ``MEETS------.'' (Insert the identification name ornumber of 
the standard under paragraph (a)(2) of this section, towhich the 
laboratory type-tested.)
    (iii) ``TESTED BY------.'' (Insert the name or 
registeredcertification-mark of the laboratory listed by the Coast Guard 
thattested the fixture to the standard under paragraph (a)(2) of 
thissection.)
    (iv) Name of manufacturer.
    (v) Number of model.
    (vi) Visibility of the light in nautical miles.
    (vii) Date on which the light was type-tested.
    (viii) Identification and specifications of the bulb used in 
thecompliance test.

[[Page 938]]

    (b) If a light is too small to attach the requiredlabel--
    (1) Place the information from the label in or on the package 
thatcontains the light; and
    (2) Mark each light ``USCG'' followed by the certifiedrange of 
visibility in nautical miles (nm), for example, ``USCG2nm''. Once 
installed, this mark must be visible withoutremoving the light.

Subpart N [Reserved]

                        PARTS 184	186 [RESERVED]



PART 187_VESSEL IDENTIFICATION SYSTEM--Table of Contents




                            Subpart A_General

Sec.
187.1 Which States are affected by this part?
187.3 What vessels are affected by this part?
187.5 What are the purposes of this part?
187.7 What are the definitions of terms used in this part?
187.9 What is a vessel identifier and how is one assigned?
187.11 What are the procedures to participate in VIS?
187.13 What are the procedures for obtaining certificationof compliance 
          with guidelines for State vessel titling systems?
187.15 When is a mortgage a preferred mortgage?

      Subpart B_Information To Be Collected by ParticipatingStates

187.101 What information must be collected to identify avessel owner?
187.103 What information must be collected to identify avessel?
187.105 What information on titled vessels must be collectedand what may 
          be collected?
187.107 What information must be made available to assistlaw enforcement 
          officials and what information may be made available?

             Subpart C_Requirements for Participating in VIS

187.201 What are the compliance requirements for aparticipating State?
187.203 What are the voluntary provisions for aparticipating State?

          Subpart D_Guidelines for State Vessel Titling Systems

187.301 What are the eligibility requirements forcertification of a 
          State titling system to confer preferred mortgagestatus?
187.303 What terms must a State define?
187.304 What vessels must be titled?
187.305 What are the requirements for applying for a title?
187.307 What are dealer and manufacturer provisions?
187.309 What are the requirements for transfer of title?
187.311 What are the application requirements for acertificate of title 
          because of a transfer by operation of law ororder of court?
187.313 Must a State honor a prior State title, Coast 
          Guarddocumentation, and foreign registry?
187.315 What happens when a title is surrendered for thepurposes of 
          documentation?
187.317 What information must be on a certificate of title?
187.319 What are the requirements for applying for aredundant title?
187.321 What are the hull identification number (HIN)provisions?
187.323 What are the procedures for perfection of securityinterests?
187.325 Is a State required to specify procedures for theassignment of a 
          security interest?
187.327 What are a State's responsibilities concerning adischarge of 
          security interests?
187.329 Who prescribes and provides the forms to be used?
187.331 What information is to be retained by a State?

Appendix A to Part 187--Participating Authorities
Appendix B to Part 187--Participating and CertifiedVessel Titling 
          Authorities

    Authority: 46 U.S.C. 2103; 49 CFR 1.46.

    Source: 66 FR 15630, Mar. 20, 2001, unless otherwisenoted.



                            Subpart A_General



Sec. 187.1  Which States are affected by this part?

    States electing to participate in the Vessel Identification 
System(VIS) are affected by this part.



Sec. 187.3  What vessels are affected by this part?

    Only vessels numbered or titled by a participating State areaffected 
by this part. Vessels documented under 46

[[Page 939]]

U.S.C. chapter121 and 46 CFR parts 67 and 68 are not affected.



Sec. 187.5  What are the purposes of this part?

    The purposes of this part are to--
    (a) Establish minimum requirements for States electing toparticipate 
in VIS;
    (b) Prescribe guidelines for State vessel titling systems; and
    (c) Explain how to obtain certification of compliance with 
Stateguidelines for vessel titling systems for the purpose of 
conferringpreferred status on mortgages, instruments, or agreements 
under 46U.S.C. 31322(d).



Sec. 187.7  What are the definitions of terms used in this part?

    As used in this part--
    Approved Numbering System means a numbering system approvedby the 
Secretary of the Department of Homeland Security under 46U.S.C. Chapter 
123.
    Certificate of Documentation means the certificate issued bythe 
Coast Guard for a documented vessel under 46 U.S.C. 12103 (FormCG-1270).
    Certificate of Origin or COO means a documentestablishing the 
initial chain of ownership, such as a manufacturer'scertificate of 
origin (MCO) or statement of origin (MSO), animporter's certificate of 
origin (ICO) or statement of origin (ISO),or a builder's certification 
(Form CG-1261; see 46 CFR part67).
    Certificate of Ownership means the Certificate of Ownershipissued by 
the Coast Guard under 46 CFR part 67 (Form CG-1330).
    Commandant means the Commandant of the United States CoastGuard.
    Dealer means any person who engages wholly or in part in thebusiness 
of buying, selling, or exchanging new or used vessels, orboth, either 
outright or on conditional sale, bailment, lease, chattelmortgage or 
otherwise. A dealer must have an established place ofbusiness for the 
sale, trade, and display of such vessels.
    Documented vessel means a vessel documented under 46 U.S.C.chapter 
121.
    Hull Identification Number or HIN means the numberassigned to a 
vessel under subpart C of 33 CFR part 181.
    Issuing authority means either a State that has an approvednumbering 
system or the Coast Guard in a State that does not have anapproved 
numbering system.
    Manufacturer means any person engaged in the business 
ofmanufacturing or importing new vessels for the purpose of sale 
ortrade.
    Owner means a person, other than a secured party, havingproperty 
rights in, or title to, a vessel. ``Owner''includes a person entitled to 
use or possess a vessel subject to asecurity interest in another person, 
but does not include a lesseeunder a lease not intended as security.
    Participating State means a State certified by theCommandant as 
meeting the requirements of subpart C of this part.States meeting this 
definition will be listed in Appendix A to thispart.
    Person means an individual, firm, partnership, corporation,company, 
association, joint-stock association, or governmental entityand includes 
a trustee, receiver, assignee, or similar representativeof any of them.
    Secured party means a lender, seller, or other person inwhose favor 
there is a security interest under applicable law.
    Security interest means an interest that is reserved orcreated by an 
agreement under applicable law and that secures paymentor performance of 
an obligation.
    State means a State of the United States, the District ofColumbia, 
American Samoa, Guam, Northern Mariana Islands, Puerto Rico,U.S. Virgin 
Islands, and any other territory or possession of theUnited States.
    Titled vessel means a vessel titled by a State.
    Titling authority means a State whose vessel titling systemhas been 
certified by the Commandant under subpart D of this part.Titling 
authorities participating in VIS will be listed in Appendix Bto this 
part.
    Vessel includes every description of watercraft, other thana 
seaplane on the water, used or capable of being used as a means 
oftransportation on water.

[[Page 940]]

    Vessel Identification System or VIS means asystem for collecting 
information on vessels and vessel ownership asrequired by 46 U.S.C. 
12501.

[66 FR 15630, Mar. 20, 2001, as amended byUSCG-2008-0179, 73 FR 35024, 
June 19, 2008]



Sec. 187.9  What is a vessel identifier and how is one assigned?

    (a) The vessel identifier for a vessel having a valid HIN is theHIN.
    (b) If a vessel does not have a valid HIN, a vessel identifier 
isassigned under the following table:

              Table 187.9(b)--VesselIdentifier Assignments
------------------------------------------------------------------------
                                And does not have      Then the vessel
      If the vessel is:            avalid HIN:         identifier is:
------------------------------------------------------------------------
(1) Documented..............  ....................  The official number
                                                     assigned by the
                                                     Coast Guardunder 46
                                                     CFR part 67.
(2) Documented..............  And is transferred    The HINassigned by
                               to a new owner.       the Coast Guard.
(3) Undocumented............  And must be numbered  The number issued on
                               under 33 CFR parts    a certificate of
                               173 and174.           number by the
                                                     issuingauthority of
                                                     the State of
                                                     principal
                                                     operation, provided
                                                     the numberwill not
                                                     be used in the
                                                     future to identify
                                                     a different vessel.
(4) Undocumented............  And is transferred    The HINassigned by
                               to a new owner.       the issuing
                                                     authority of the
                                                     State of principal
                                                     operation.
(5) Undocumented............  And the vessel is     The HIN assigned by
                               required to be        theissuing
                               numbered ortitled     authority of the
                               in a new State of     State of principal
                               principal operation.  operation.
------------------------------------------------------------------------



Sec. 187.11  What are the procedures to participate in VIS?

    (a) A State must submit a written request to the Commandant(CG-5422) 
certifying that it will comply with the VIS participationrequirements in 
subpart C of this part.
    (b) The Commandant will review the request and determine if theState 
is complying with the VIS participation requirements. If so, 
theCommandant will certify compliance by listing the State in Appendix 
Ato this part.
    (c) Appendix A to this part will list those States certified bythe 
Commandant to participate in VIS. When the Commandant determinesthat a 
State is not complying with the participation requirements, itwill lose 
its certification and will be deleted from Appendix A tothis part.

[66 FR 15630, Mar. 20, 2001, as amended byUSCG-2008-0179, 73 FR 35024, 
June 19, 2008]



Sec. 187.13  What are the procedures for obtaining certification of compliancewith guidelines for State vessel titling systems?

    (a) A State must submit a written request to the Commandant(CG-
5422). The request must include a copy of the State's titlinglaws, 
regulations and administrative procedures, and certify that theState 
will comply with the VIS participation requirements in subpart Cof this 
part.
    (b) The Commandant will review the request and determine if theState 
is complying with the Guidelines for State Vessel TitlingSystems in 
subpart D of this part. If the State is complying with theguidelines, 
the Commandant will certify compliance and list the Statein Appendix B 
to this part.
    (c) Appendix B to this part will list States certified by 
theCommandant. When the Commandant determines that a State is 
notcomplying with the vessel titling guidelines, it will lose 
itscertification and be deleted from Appendix B to this part.

[66 FR 15630, Mar. 20, 2001, as amended byUSCG-2008-0179, 73 FR 35024, 
June 19, 2008]



Sec. 187.15  When is a mortgage a preferred mortgage?

    A mortgage, instrument, or agreement granting a security 
interestperfected under State law covering the whole of a vessel titled 
underthe law of a participating State is a preferred mortgage if the 
Stateis certified under Sec. 187.13.

[[Page 941]]



      Subpart B_Information to be Collected by ParticipatingStates



Sec. 187.101  What information must be collected to identify a vessel owner?

    (a) A participating State must collect the following informationfor 
a vessel it has numbered or titled when an individual owns thevessel and 
make it available to VIS:
    (1) Names of all owners.
    (2) Principal residence of one owner.
    (3) Mailing Address, if different from the address in 
paragraph(a)(2) of this section.
    (4) One of the following unique identifiers for each owner:
    (i) Social Security Number (SSN) or Individual 
TaxpayerIdentification Number (ITIN).
    (ii) If the SSN or ITIN is not available, birth date and 
driver'slicense number.
    (iii) If the SSN, ITIN, and driver's license number are 
notavailable, birth date and other unique identifier prescribed by 
theState.
    (b) A participating State must collect the following informationfor 
a vessel that it has numbered or titled when the vessel's owner isnot an 
individual, but a business or other type of organization:
    (1) Names of all businesses or organizations that own the vessel.
    (2) Principal address of one business or organization.
    (3) Mailing address, if different from the address in 
paragraph(b)(2) of this section.
    (4) Taxpayer Identification Number (TIN) for the principalbusiness 
or organization.
    (5) If the TIN for the principal business or organization is 
notavailable, one of the following unique identifiers for a 
corporateofficer, a partner, or the individual who signed the 
application fornumbering:
    (i) Social Security Number (SSN) or Individual 
TaxpayerIdentification Number (ITIN).
    (ii) If the SSN or ITIN is not available, birth date and 
driver'slicense number.
    (iii) If the SSN, ITIN, and driver's license number are 
notavailable, birth date and other unique identifier prescribed by 
theState.



Sec. 187.103  What information must be collected to identify a vessel?

    A participating State must collect the following information on 
avessel it has numbered or titled and make it available to VIS:
    (a) Manufacturer's hull identification number (HIN), if any.
    (b) Official number, if any, assigned by the Coast Guard or 
itspredecessor.
    (c) Number on certificate number assigned by the issuing authorityof 
the State.
    (d) Expiration date of certificate of number.
    (e) Number previously issued by an issuing authority.
    (f) Name of manufacturer, builder, or make.
    (g) Model year, manufacture year, or year built.
    (h) Overall length.
    (i) Vessel type. Authorized terms are ``openmotorboat'', ``cabin 
motorboat'', ``auxiliarysail'', ``sail only'', ``personalwatercraft'', 
``pontoon'',``houseboat'', ``rowboat'',``canoe/kayak'', or ``other''.
    (j) Hull material. Authorized terms are ``wood'',``aluminum'', 
``steel'',``fiberglass'', ``rigid hull inflatable'',``rubber/vinyl/
canvas'', or ``other''.
    (k) Propulsion type. Authorized terms are``propeller'', ``sail'', 
``waterjet'', ``air thrust'', or ``manual''.
    (l) Engine drive type. Authorized terms are``outboard'', 
``inboard'', or``inboard/stern drive''.
    (m) Fuel. Authorized terms are ``gasoline'',``diesel'', or 
``electric''.
    (n) Primary use. Authorized terms are ``pleasure'',``rent or 
lease'', ``dealer or manufacturerdemonstration'', ``charter 
fishing'',``commercial fishing'', ``commercial passengercarrying'', or 
``other commercial operation''.



Sec. 187.105  What information on titled vessels must be collected and what maybe collected?

    (a) A participating State must collect the following informationon a 
vessel it has titled and make it available to VIS:
    (1) Information required under Sec. 187.103.
    (2) Title number.
    (3) Issuance date of the most recently issued title or redundant.

[[Page 942]]

    (4) Where evidence may be found on the security interest orlien 
against the vessel.
    (5) Name of each secured party.
    (6) Address (city and State) of each secured party.
    (b) A participating State may collect the following information ona 
vessel it has titled and make it available to VIS:
    (1) Information concerning the discharge of the security interest.
    (2) Information concerning the surrender of the certificate oftitle.



Sec. 187.107  What information must be made available to assist law enforcementofficials and what information may be made available?

    (a) A participating State must make the following 
informationavailable to VIS for use by law enforcement officials:
    (1) Vessel identifier(s), as required by Sec. 187.9.
    (2) Notice of law enforcement status. Authorized terms are``lost'', 
``stolen'',``destroyed'', ``abandoned'', or``recovered''.
    (3) Date of notice of law enforcement status.
    (4) Point of contact for the agency or official reporting thestatus.
    (5) National Crime Information Center code for the reportingagency 
or official.
    (b) A participating State may make the following 
informationavailable to law enforcement officials:
    (1) Notice that the vessel is being sought for a law 
enforcementpurpose other than a purpose listed in paragraph (a)(2) of 
thissection.
    (2) Location of vessel when reported lost, stolen, 
destroyed,abandoned, or recovered.
    (3) Vessel insurance policy number.
    (4) Name of insurance company.
    (5) Address of insurance company.
    (6) Mailing address of insurance company, if different from 
theaddress in paragraph (b)(5) of this section.
    (7) Telephone number of insurance company.
    (8) Date the vessel was recovered.
    (9) Location of the vessel when recovered.
    (10) Names and telephone numbers of contacts not listed 
underparagraph (a)(4) of this section.
    (11) Request to be notified if vessel is sighted.
    (12) Purpose of sighting notification request.
    (13) Date and time vessel last sighted.
    (14) Location of vessel when last sighted.



             Subpart C_Requirements for Participating in VIS



Sec. 187.201  What are the compliance requirements for a participating State?

    A participating State must comply with the following requirements:
    (a) Collect the required information listed in subpart B of thispart 
and provide that information to VIS under the applicable CoastGuard-
State Memorandum of Agreement.
    (b) Obtain specific evidence of ownership, such as the COO orcurrent 
certificate of title and/or number, to identify a vessel'sowner.
    (c) Retain previously issued evidence of ownership, such 
ascertificate of number, title, or Certificate of Documentation, 
andnotify the issuing authority or the Coast Guard by mail or 
electronicmessage.
    (d) Retain information identifying the type of evidence used 
toestablish the accuracy of the information required to be madeavailable 
to VIS and make it available to the Commandant upon request.
    (e) Update the information required to be made available to VIS 
byproviding, within 48 hours, a copy of transactions that enter, 
modify,or cancel records in the vessel files.



Sec. 187.203  What are the voluntary provisions for a participating State?

    A participating State may--
    (a) Provide VIS with the optional information listed in subpart Bof 
this part;
    (b) Make available to VIS updated information provided by thevessel 
owner, government agency, or secured party about a vessel thathas been 
moved to a non-participating State of principal operation;and
    (c) Interact with non-participating States to make 
informationavailable to, or request information from, VIS

[[Page 943]]

concerning avessel or nationwide statistics.



          Subpart D_Guidelines for State Vessel Titling Systems



Sec. 187.301  What are the eligibility requirements for certification of a Statetitling system to confer preferred mortgage status?

    The Commandant, under 46 U.S.C. 31322(d)(1)(A) andSec. 187.13, may 
certify a State vessel titling system thatmeets the requirements of this 
subpart as complying with theguidelines for vessel titling systems. This 
certification is for thepurpose of conferring preferred mortgage status 
on a mortgage,instrument, or agreement granting a security interest 
perfected underState law, covering the whole of a vessel titled in that 
State. TheState must also comply with the VIS participation requirements 
ofSec. 187.11 and subpart C of this part and make vesselinformation it 
collects available to VIS.



Sec. 187.303  What terms must a State define?

    A State must define the terms ``certificate oforigin'', ``dealer'', 
``documentedvessel'', ``issuing authority'',``manufacturer'', 
``owner'',``person'', ``secured party'',``security interest'', ``titling 
authority'',and ``vessel'' substantially as defined inSec. 187.7.



Sec. 187.304  What vessels must be titled?

    A State must require that all vessels required to be numbered inthe 
State under 46 U.S.C. chapter 123 be titled only in that State, ifthat 
State issues titles to that class of vessels.



Sec. 187.305  What are the requirements for applying for a title?

    (a) A State must require application for a title within aspecified 
period of time, not to exceed 60 days, after a vesselrequired to be 
titled is first purchased, ownership is transferred, orthere is a change 
in vessel data listed on the certificate of title.
    (b) A State must require disclosure in its titling applicationform 
of any secured party holding an unsatisfied security interest inthe 
vessel.
    (c) The application must include an entry for identification ofthe 
State or country in which the vessel was last numbered, 
titled,documented, or registered under the laws of a foreign country.
    (d) A State must require that a COO for a vessel be 
submittedtogether with the application for any new vessel not 
previouslynumbered, titled, documented, or registered under the laws of 
aforeign country.
    (e) A State must require that the application include a 
signedcertification that the statements made are true and correct to 
thebest of the applicant's knowledge, information, and belief, 
underpenalty of perjury or similar penalties as prescribed by State law.



Sec. 187.307  What are dealer and manufacturer provisions?

    A State must include the following provisions applicable to 
anydealer or manufacturer building, buying, acquiring, selling, 
ortransferring a vessel in that State:
    (a) Dealers or manufacturers must not be allowed to apply for 
acertificate of title for a vessel not required to be numbered. 
Dealersor manufacturers owning a new or used vessel primarily used in 
theirbusiness, held for sale or lease, and required to be numbered may 
bepermitted or required to apply for a certificate of title for 
thevessel. The State may impose other reporting requirements on 
dealersor manufacturers.
    (b) Dealers or manufacturers transferring a vessel required to 
betitled in the name of the dealer or manufacturer must be required 
toassign the title to the new owner or, for a new vessel, assign a 
COOfor a new vessel. Dealers or manufacturers transferring a 
vesselpermitted to be titled in their name must be required to assign to 
thenew owner any certificate of title which has been issued and 
notsurrendered.
    (c) Dealers or manufacturers must not be permitted to provide 
aredundant COO if VIS contains information concerning the vessel.
    (d) Dealers or manufacturers must be permitted to provide aredundant 
COO to the vessel owner only upon receipt of informationconcerning the 
original certificate and the circumstances of its loss,theft, 
mutilation, or destruction and receipt of any recoveredoriginal

[[Page 944]]

COO or remains from the vessel owner. This informationmust be declared 
under penalty of perjury or similar penalties asprescribed by State law. 
The term ``REDUNDANT'' must beclearly and permanently marked on the face 
of a redundant COO.
    (e) Dealers or manufacturers must be required to maintain for 
atleast 3 years a record of any vessel bought, sold, exchanged, 
orreceived for sale or exchange, and open such records for inspection 
bythe State.



Sec. 187.309  What are the requirements for transfer of title?

    To complete the sale, assignment, or transfer of a titled vessel,a 
State must require that a manufacturer, dealer, or individual 
mustdeliver the vessel's certificate of title to the new owner or 
newowner's designee, except for transfers by operation of law or order 
ofcourt.



Sec. 187.311  What are the application requirements for a certificate of titlebecause of a transfer by operation of law or order of court?

    A State must require a new owner to apply for a certificate oftitle 
within a specified period of time, not to exceed 60 days, afterownership 
of a vessel is transferred by operation of law or order ofcourt. This 
application must include an original or authenticated copyof the legal 
transfer document.



Sec. 187.313  Must a State honor a prior State title, Coast Guard documentation,and foreign registry?

    (a) A State must honor a title issued by another State as proof 
ofownership for transfer or sale of a vessel and for applying for 
acertificate of number or title in the new State of principaloperation.
    (b) A State must honor a Coast Guard-issued Certificate ofOwnership 
or a Certificate of Deletion as proof of ownership anddeletion from 
documentation.
    (c) A State must honor an authenticated copy of a foreignregistry, 
or evidence of deletion from the foreign registry, as proofof ownership 
and deletion from the foreign registry.



Sec. 187.315  What happens when a title is surrendered for the purposes ofdocumentation?

    A State title is invalid when it is surrendered to the Coast Guardin 
exchange for a Certificate of Documentation. Upon notification fromthe 
Coast Guard of the surrender of a title, a State must process 
thecancellation of the title.



Sec. 187.317  What information must be on a certificate of title?

    (a) A certificate of title must contain the following 
informationconcerning the vessel:
    (1) Names of all owners (individuals, businesses, andorganizations).
    (2) Address of one individual, business, or organization owningthe 
vessel.
    (3) Title number.
    (4) Date of issuance of title.
    (5) Vessel identifier under Sec. 187.9.
    (6) Name of manufacturer, builder, or make.
    (7) Model year, manufacture year, or year built.
    (8) Overall length.
    (9) Vessel type. Authorized terms are ``openmotorboat'', ``cabin 
motorboat'', ``auxiliarysail'', ``sail only'', ``personalwatercraft'', 
``pontoon'',``houseboat'', ``rowboat'',``canoe/kayak'', or ``other''.
    (10) Hull material. Authorized terms are ``wood'',``aluminum'', 
``steel'',``fiberglass'', ``rigid hull inflatable'',``rubber/vinyl/
canvas'', or ``other''.
    (11) Propulsion type. Authorized terms are``propeller'', ``sail'', 
``waterjet'', ``air thrust'', or ``manual''.
    (12) Engine drive type. Authorized terms are``outboard'', 
``inboard'', or``inboard/stern drive''.
    (13) Name of each secured party.
    (14) Address (city and State) of each secured party.
    (15) Recording or perfection date of new security interest 
andoriginal recording or perfection date of any security 
interestoutstanding.
    (b) Space must be provided on the title form for assignment 
ofinterests in the vessel, with a signed certification that 
thestatements made are true and correct to the best of the 
owner'sknowledge, information, and belief, under penalty of perjury 
orsimilar penalties as prescribed by State law.

[[Page 945]]



Sec. 187.319  What are the requirements for applying for a redundant title?

    (a) A State must require the holder (owner or secured party) of 
anoriginal title to apply for a redundant title after the discovery 
ofthe loss, theft, mutilation, or destruction of the original.
    (b) The holder must provide information, declared under penalty 
ofperjury or similar penalties as prescribed by State law, concerningthe 
original certificate and the circumstances of its loss, 
theft,mutilation, or destruction.
    (c) The holder must surrender to the State any recovered 
originaltitle or remains.
    (d) The State must clearly and permanently mark the face of 
aredundant certificate of title with the term``REDUNDANT.''



Sec. 187.321  What are the hull identification number (HIN) provisions?

    A State must--
    (a) Upon proof of ownership, assign an HIN and require that it 
beaffixed to a vessel that does not have an HIN at the time 
ofapplication for certificate of number or title; and
    (b) Prohibit removal or alteration of an HIN without 
authorizationfrom the Commandant.



Sec. 187.323  What are the procedures for perfection of security interests?

    (a) A State must specify, at a minimum, the following proceduresfor 
perfection of a security interest in a vessel titled in thatState:
    (1) Submission of an application for new or amended certificate 
oftitle on which the secured party must be noted.
    (2) Surrender of any outstanding certificate of number and 
anyoutstanding title issued by another State.
    (3) Surrender of the Certificate of Documentation of anydocumented 
vessel that is to be numbered and titled by the State.
    (4) Submission of an authenticated copy of any foreign registry 
ofthe vessel and evidence of deletion from the foreign registry of 
thevessel that is to be numbered and titled by the State.
    (5) Determination of the date of perfection.
    (b) A State must recognize, under 46 U.S.C. 31322(e)(1), that, ifa 
vessel is covered by a preferred mortgage when an application for 
acertificate of title is filed in that State, then the status of 
thepreferred mortgage covering the vessel is determined by the law of 
thejurisdiction in which the vessel is currently titled or documented.
    (c) A State must recognize, under 46 U.S.C. 31322(d)(2), that, ifa 
vessel titled in a State is covered by a preferred mortgage, 
thatmortgage will continue to be a preferred mortgage even if the 
vesselis no longer titled in the State where the mortgage, instrument, 
oragreement granting a security interest perfected under State lawbecame 
a preferred mortgage.
    (d) A State must recognize, under 46 U.S.C. 31322(d)(1), 
thepreferred status of a mortgage, instrument, or agreement granting 
asecurity interest perfected under State law covering the whole of 
avessel titled in a State after the Commandant has certified thatState's 
titling system and the State participates in VIS with respectto the 
vessel.
    (e) The State must provide that the perfection procedures requiredto 
be established under this section do not apply to--
    (1) A lien given by statute or rule of law to a supplier ofservices 
or materials for the vessel;
    (2) A lien given by statute to the United States, a State, or 
apolitical subdivision thereof;
    (3) A lien arising out of an attachment of a vessel;
    (4) A security interest in a vessel created by a dealer 
ormanufacturer who holds the vessel for sale, irrespective of whetherthe 
vessel is titled;
    (5) A security interest claimed in a vessel's proceeds, as definedin 
the Uniform Commercial Code in effect in the State, if the 
securityinterest in the vessel did not have to be noted on a vessel's 
title inorder to be perfected; or
    (6) Any vessel for which a certificate of title is not required 
inthe State.



Sec. 187.325  Is a State required to specify procedures for the assignment of asecurity interest?

    Yes, a State must specify the procedures that apply to theassignment 
of a

[[Page 946]]

security interest in a vessel titled in thatState.



Sec. 187.327  What are a State's responsibilities concerning a discharge ofsecurity interests?

    A State must specify the evidence and information that a 
securedparty is required to submit regarding discharge of a security 
interestand establish procedures for its submission.



Sec. 187.329  Who prescribes and provides the forms to be used?

    A State must prescribe and provide the forms needed to comply 
withthe titling system.



Sec. 187.331  What information is to be retained by a State?

    A State must retain the evidence used to establish the accuracy 
ofthe information required for vessel titling purposes and make 
itavailable on request to the Coast Guard, participating States, and 
lawenforcement authorities.



          Sec. Appendix A to Part187--Participating Authorities

    The following States comply with the requirements forparticipating 
in VIS:
    [Reserved]



    Sec. Appendix B to Part187--Participating and Certified Titling 
                               Authorities

    The following States comply with the requirements forparticipating 
in VIS and have a certified titling system: [Reserved]

                        PARTS 188	199 [RESERVED]

[[Page 947]]

                                  INDEX

                         SUBCHAPTER S_BOATING SAFETY

  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 to correct an especially hazardous condition...............177.05
Address of the Commandant.........................................179.19
Affixing labels....................................................181.9
Appendix A to Part 173--Issuing Authorities and ReportingAuthorities
Appendix A to Part 187--Participating Authorities
Appendix B to Part 187--Participating and Certified TitlingAuthorities
Applicability...............................................174.1, 175.1
Applicability and purpose...........................177.01, 181.1, 183.1
Approval procedure.................................................174.7

                                 B

Boats and associated equipment..................................Part 183

                                 C

Casualty and Accident Reporting
Applicability.....................................................173.51
Immediate notification of death or disappearance..................173.53
Report of casualty or accident....................................173.55
Where to submit report............................................173.59
Casualty Reporting System Requirements
Administration...................................................174.103
Applicability of State casualty reporting system.................174.101
Contents of casualty or accident report form.....................174.107
Owner or operator casualty reporting requirements................174.105
State casualty reporting system optional sections................174.106
Contents of notification..........................................179.09
Correction of especially hazardous conditions...................Part 177

                                 D

Defect notification.............................................Part 179
Defects determined by the Commandant..............................179.11
Definitions.......173.3, 174.3, 175.3, 177.03, 179.03, 181.3,183.3,187.7
Display of Capacity Information.......................Part 183--Subpart 
                                                                       B
Applicability.....................................................183.21
Capacity marking required.........................................183.23
Construction of markings..........................................183.27
Display of markings...............................................183.25

[[Page 948]]

                                 E

Electrical Systems....................................Part 183--Subpart 
                                                                       I
Applicability, effective dates, and purpose......................183.401
Batteries........................................................183.420
Conductors
General..........................................................183.425
In circuits of less than 50 volts................................183.430
In circuits of 50 volts or more..................................183.435
Protection.......................................................183.445
Definitions......................................................183.402
General..........................................................183.405
Grounding........................................................183.415
Ignition protection..............................................183.410
Overcurrent protection: General..................................183.455
Overcurrent protection: Special applications.....................183.460
Equipment requirements..........................................Part 175
Exemptions to labeling requirement................................181.11
Exemptions from preemption.........................................175.5

                                 F

Figures to Subpart H of Part 183.........................Follows 183.335
Flotation Requirements for Inboard Boats, Inboard/Outdrive 
Boats,and Airboats....................................Part 183-Subpart F
Applicability....................................................183.101
Definitions......................................................183.110
Flotation material and air chambers..............................183.112
Quantity of flotation required...................................183.105
Test of flotation materials......................................183.114
Flotation Requirements for Outboard Boats Rated for Engines ofMore 
Than 2 Horsepower.....................................Part 183-Subpart G
Applicability....................................................183.201
Flotation and certification requirements.........................183.202
Flotation material and air chambers..............................183.222
Flotation test for persons capacity..............................183.225
Level flotation test without weights for persons capacity........183.235
Passenger carrying area..........................................183.205
Preconditioning for tests........................................183.220
Reference areas..................................................183.210
Reference depth..................................................183.215
Tests
Flotation test for persons capacity..............................183.225
Level Flotation test without weights for persons capacity........183.235
Stability test...................................................183.230
Flotation Requirements for Outboard Boats Rated for Engines of 
2Horsepower or Less...................................Part 183-Subpart H
Applicability....................................................183.301
Flotation materials..............................................183.322
Flotation requirements...........................................183.302
Flotation test for persons capacity..............................183.325
Level flotation test without weights for persons capacity........183.335
Passenger carrying area..........................................183.305
Preconditioning for tests........................................183.320
Reference areas..................................................183.310
Reference depth..................................................183.315
Table 4 and Figures- Weights (Pounds) of Outboard Motor andRelated 
Equipment for Various Boat Horsepower Ratings.........Part 183-Subpart H
Tests

[[Page 949]]

Flotation test for persons capacity..............................183.325
Level Flotation test without weights for persons capacity........183.335
Stability test...................................................183.330
Follow-up report..................................................179.15
Fuel Systems..........................................Part 183-Subpart J
Anti-siphon protection...........................................183.568
Applicability....................................................183.501
Carburetors......................................................183.526
Cellular plastic used to encase fuel tanks.......................183.516
Clips, straps, and hose clamps...................................183.532
Definitions......................................................183.505
Fire test........................................................183.590
Fittings, joints, and connections................................183.554
Fuel filters and strainers.......................................183.534
Hose clamp: Installation.........................................183.560
Fuel pumps.......................................................183.524
Fuel pumps: Placement............................................183.566
Fuel stop valves.................................................183.528
Fuel Systems.....................................................183.542
Fuel Tanks.......................................................183.510
Fill system......................................................183.564
Installation.....................................................183.550
Labels...........................................................183.514
Openings.........................................................183.518
Prohibited materials.............................................183.512
Vent systems.....................................................183.520
General..........................................................183.507
Grounding........................................................183.572
Hoses and connections............................................183.558
Hose clamps: Installation........................................183.560
Hoses: Standards and markings....................................183.540
Metallic fuel lines..............................................183.562
Metallic fuel line materials.....................................183.538
Plastic encased fuel tanks: Installation.........................183.552
Plug and fittings................................................183.556
Pressure impulse test............................................183.586
Seals and gaskets in fuel filters and strainers..................183.536
Shock test.......................................................183.584
Slosh test.......................................................183.588
Spud, pipe, and hose fitting configuration.......................183.530
Static pressure test for fuel tanks..............................183.580

                                 G

Guidelines for State Vessel Titling Systems...........Part 187-Subpart D
Application for title............................................187.305
Assignments......................................................187.325
Dealer and manufacturer provisions...............................187.307
Definitions......................................................187.303
Duplicate title..................................................187.319
Eligibility for preferred mortgage status........................187.301
Forms............................................................187.329
Hull identification number (HIN) provisions......................187.321
Information on a certificate of title............................187.317
Perfection of security interests.................................187.323
Retaining information............................................187.331
Satisfaction of a security interest..............................187.327
Surrender of title for purposes of documentation.................187.315

[[Page 950]]

Title of another State...........................................187.313
Transfer by operation of law.....................................187.311
Transfer of title................................................187.309

                                 I

Identification of Boats...............................Part 181-Subpart C
Applicability, effective date, and purpose........................181.21
Conditions for use of manufacturer identification codes...........181.33
Hull identification Number
Display...........................................................181.29
Format............................................................181.25
Information displayed near........................................181.27
Manufacturer identification code assignment.......................181.31
Removal of numbers................................................181.35
Required..........................................................181.23
Incorporation by reference..................................181.4, 183.5
Information to be Collected by Participating States...Part 187-Subpart B
Identify a vessel................................................187.103
Identify a vessel owner..........................................187.101
On titled vessels................................................187.105
To assist law enforcement officials..............................187.107
Initial report to the Commandant..................................179.13
Instruction Pamphlet for Personal Flotation Devices (PFD) 
                                                       Part181-Subpart G
Applicability....................................................181.701
Contents.........................................................181.703
Recreational hybrid PFD..........................................181.704
Recreational inflatable PFD......................................181.705
Issue of Certificate of Number........................Part 173-Subpart D
Application for certificate of number.............................173.71
Availability of Coast Guard forms.................................173.83
Coast Guard fees..................................................173.85
Coast Guard forms for numbering and casualty reporting............173.81
Duplicate certificate of number...................................173.73
Expiration of Coast Guard certificate of number...................173.79
Temporary certificate.............................................173.75
Validity of certificate of number.................................173.77

                                 M

Manufacturer Certification of Compliance..............Part 181-Subpart B
Applicability and purpose..........................................181.5
Labels
Affixing...........................................................181.9
Compliance certification label.....................................181.7
Construction......................................................181.19
Contents..........................................................181.15
Exceptions to labeling requirement................................181.11
Numbers and letters...............................................181.17
Removal of........................................................181.13
Manufacturer discovered defects...................................179.05
Manufacturer Identification Code assignment.......................181.31
Manufacturer requirements.......................................Part 181

                                 N

Notice given by ``more expeditious means''........................179.07
Numbering
Applicability.....................................................173.11

[[Page 951]]

Certificate of number required....................................173.21
Coast Guard validation sticker....................................173.35
Exemptions........................................................173.13
Inspection of certificate.........................................173.23
Location of certificate number....................................173.25
Notification to issuing authority.................................173.29
Numbers: Display; size; color.....................................173.27
Other numbers prohibited..........................................173.19
Reciprocity.......................................................173.17
Removal of number.................................................173.33
Surrender of certificate of number................................173.31
Vessel number required............................................173.15
Numbering System Requirements
Applicability of State numbering system...........................174.11
Contents of application for certificate of number.................174.17
Contents of a certificate of number...............................174.19
Contents of a temporary certificate...............................174.21
Duration of certificate of number.................................174.27
Form of number....................................................174.23
Owner or operator requirements....................................174.13
Size of certificate of number.....................................174.25
State numbering system optional sections..........................174.14
Temporary certificate of number...................................174.29
Terms imposed by States for numbering of vessels..................174.31
Validation stickers...............................................174.15

                                 O

Order of unsafe condition.........................................177.04
Other unsafe conditions...........................................177.07

                                 P

Penalties.........................................................177.09
Penalties.........................................................179.17
Personal Flotation Devices
Applicability.....................................................175.11
Condition; size and fit; approval marking.........................175.21
Definitions.......................................................175.13
Enforcement of State requirements for children to wear 
personalflotation devices.........................................175.25
Exemptions........................................................175.17
Personal flotation devices required...............................175.15
Serviceable conditions............................................175.23
Stowage...........................................................175.19
Preferred Mortgage................................................187.15

                                 R

Regulated Boating Areas
Chetco River Bar, Oreg.........................................177.08(p)
Columbia River Bar, Wash-Oreg..................................177.08(d)
Coos Bay Bar, Oreg.............................................177.08(m)
Coquille River Bar, Oreg.......................................177.08(n)
Depoe Bay Bar, Oreg............................................177.08(i)
Grays Harbor Entrance..........................................177.08(b)
Nehalem River Bar, Oreg........................................177.08(e)
Netarts Bay Bar, Oreg..........................................177.08(g)
Quillayute River Entrance, Wash................................177.08(a)

[[Page 952]]

Roque River Bar, Oreg..........................................177.08(o)
Siletz Bay Bar, Oreg...........................................177.08(h)
Siuslaw River Bar, Oreg........................................177.08(k)
Tillamook Bay Bar, Oreg........................................177.08(f)
Umpqua River Bar, Oreg.........................................177.08(l)
Willapa Bay, Wash..............................................177.08(c)
Yaquina Bay Bar, Oreg..........................................177.08(j)
Requirements for approval..........................................174.5

                                 S

Safe Loading..........................................Part 183-Subpart C
Applicability.....................................................183.31
Maximum Weight Capacity
Boats rated for manual propulsion and boats rated for motors oftwo 
horsepower or less................................................183.37
Inboard and inboard-outdrive boats................................183.33
Outboard boats....................................................183.35
Persons Capacity
Boats rated for manual propulsion and boats rated for motors oftwo 
horsepower or less................................................183.43
Inboard and inboard-outdrive boats................................183.39
Outboard boats....................................................183.41
Safe Powering.........................................Part 183-Subpart D
Applicability.....................................................183.51
Horsepower capacity...............................................183.53
Start-in-Gear Protection..............................Part 183-Subpart L
Applicability....................................................183.701
Definitions......................................................183.705
Exception........................................................183.715
Start-in-gear protection required................................183.710
State numbering and casualty reporting systems..................Part 174
State Reports.........................................Part 174-Subpart D
Annual report of numbered vessels................................174.123
Coast Guard address (*may need to update)........................174.125
Forwarding of casualty or accident reports.......................174.121

                                 V

Ventilation......................................................175.201
Ventilation...........................................Part 183-Subpart K
Applicability....................................................183.601
Definitions......................................................183.605
Incorporation by reference.......................................183.607
Natural ventilation system.......................................183.620
Powered ventilation system.......................................183.610
Standards for natural ventilation................................183.630
Vessel identification system....................................Part 187
Vessel Identification System Participation Requirements.............Part 
                                                           187-Subpart C
Participating State requirements.................................187.201
Voluntary provisions for participating States....................187.203
Vessel identifier, assignment......................................187.9
Vessel identifier..................................................187.9
Vessel numbering and casualty and accident reporting............Part 173
Vessel Titles....................................................187.304
Visual Distress Signals
Accepted.........................................................175.130
Applicability....................................................175.101
Definitions......................................................175.105

[[Page 953]]

Exceptions.......................................................175.115
Existing equipment...............................................175.135
Launchers........................................................175.113
Marking..........................................................175.128
Prohibited use...................................................175.140
Pyrotechnic Signal Devices.................................Table 175.130
Required.........................................................175.110
Serviceability...................................................175.125
Stowage.......................................................175.120   


[[Page 955]]



                              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 957]]

            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 125 TO 199)

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.


Air Movement and Control Association

  30 W. University Dr., Arlington Heights, IL 
  60004
210-74 Laboratory Methods of Testing Fans for             183.5; 183.610
  Ratings.


American Boat and Yacht Council, Inc.

  3069 Solomon's Island Road, Edgewater, MD 21037
Standard A-16 Electric Navigation Lights, July            183.5; 183.810
  1997.


American Bureau of Shipping

  Publications Department, 16855 Northchase Drive, 
  Houston, Texas77060
Rules for Building and Classing Single Point            150.405; 149.209
  Moorings, 1975.


American National Standards Institute

  25 West 43rd Street, Fourth floor, New York, NY 
  10036; Telephone:(212) 642-4900
ANSI A10.14 Requirements for Safety Belts,              155.140; 155.230
  Harnesses, Lanyards andLifelines for 
  Consturction and Demolition Use, 1991.
ANSI 10.14-75 Requirements for Safety Belts,                    140; 142
  Harnesses,Lanyards, Lifelines, and Drop Lines 
  for Construction and IndustrialUse.
ANSI A12.1-73 Safety Requirements for Floor and                  149.441
  WallOpenings, Railings and Toeboards.
ANSI A98.1-81 Safety Requirements for Industrial                140; 142
  HeadProtection.
ANSI B16.5-81 Steel Pipe Flanges and Flanged         154.106; Part 155, 
  Fittings.                                                   Appendix A
ANSI B16.5-88 Steel Pipe Flanges and Flanged          154.500; 154.508; 
  Fittings.                                                      154.810
ANSI B16.5-88, Pipe Flanges and Flanged Fittings,      127.003; 127.1102
  1988,including 1992 Addenda and Errata.
ANSI B16.24-79 Bronze Pipe Flanges and Flanged        154.106; 154.500; 
  Fittings.                                                      154.808
ANSI B16.31-71 Nonferrous Pipe Flanges............      154.500; 155.350
ANSI B31.3-87 Chemical Plant and Petroleum            154.106; 154.510; 
  Refinery Piping.                                               154.808
ANSI B31.4-74 Liquid Petroleum Transportation                    149.205
PipingSystems (with 1979 addenda B31.4a).
[[Page 958]]

ANSI S12.13, Part 1 Performance Requirements,          127.003; 127.1203
  Combustible GasDetectors, 1986.
ANSI Z41.1-72 Requirements for Men's Safety-toe                  150.509
  Footwear.
ANSI Z41-83 American National Standard for                      140; 142
  PersonalProtection--Protective Footwear.
ANSI Z87.1-79 Practice for Occupational and          140; 142; 149.517; 
  Educational Eyeand Face Protection.                            150.509
ANSI Z88.2-80 Practices for Respiratory Protection              140; 142
ANSI Z89.1-69 Safety Requirements for Industrial                 150.509
  HeadProtection.
ANSI/UL 1123-1987 Standard for Marine Bouyant             140.7; 143.405
  Devices.


American Petroleum Institute

  1220 L Street, NW., Washington, DC 20005-4070; 
  Telephone:(202) 682-8000
API Specification 9A, Specification for Wire Rope,        164.03; 164.74
  Section 3,Properties and Tests for Wire and Wire 
  Rope, May 28, 1984.
API Standard 2000, Venting Atmospheric and Low-         154.106; 154.814
  Pressure StorageTanks (Nonrefrigerated and 
  Refrigerated), Third Edition, January 
  1982,Reaffirmed, December 1987.
API Recommended Practice 550, Manual on                 154.106; 154.824
  Installation of RefineryInstruments and Control 
  Systems, Part II--Process StreamAnalyzers, 
  Section 5--Oxygen Analyzers, Fourth Edition, 
  August1983.
API RP 2003, Protection Against Ignitions Arising      127.003; 127.1101
  Out of Static,Lightning, and Stray Currents, 
  1991.


American Society for Testing and Materials

  100 Barr Harbor Drive, West Conshohocken, PA 
  19428-2959;Telephone: (610) 832-9585, FAX: (610) 
  832-9555
ASTM D 471-79 Rubber Property--Effect of Liquids..      183.5; 183.114; 
                                                      183.516; 183.607; 
                                                                 183.620
ASTM D 471-96, Standard Test Method for                 183.5; 183.114; 
  RubberProperty--Effect of Liquids.                  183.516; 183.607; 
                                                                 183.620
ASTM D 1621-73 (R 79) Compressive Properties of           183.5; 183.516
  RigidCellular Plastics.
ASTM D 1621-94, Standard Test Method for                  183.5; 183.516
  CompressiveProperties of Rigid Cellular 
  Plastics.
ASTM D 1622-93 Standard Test Method for Apparent          183.5; 183.516
  Density ofRigid Cellular Plastics.
ASTM D 2842-69 (R 75) Water Adsorption of Rigid           183.5; 183.114
  CellularPlastics.
ASTM D 4268-93 Standard Test Method for Testing           164.03; 164.74
  Fiber Ropes.
ASTM D 2842-97, Standard Test Method for Water            183.5; 183.114
  Absorptionof Rigid Cellular Plastics.
ASTM E 11-70 (R 77) Wire Cloth Sieves for Testing                159.125
  Purposes.
ASTM E 11-95, Standard Specification for Wire             159.4, 159.125
  Cloth andSieves for Testing Purposes.
ASTM F 631-80 (Reapproved 1985) Standard Method     154.106; Appendix C 
  for TestingFull Scale Advancing Spill Removal    of part 154; 155.140; 
  Devices.                                           Appendix B of part 
                                                                     155
ASTM F 631-93, Standard Guide for Collecting        154.106; Appendix C 
  SkimmerPerformance Data in Controlled            to Part 154; 155.140; 
  Environments.                                      Appendix B to Part 
                                                                     155

[[Page 959]]

ASTM F 715-81 (Reapproved 1986), Standard Methods   154.106; Appendix C 
  ofTesting Spill Control Barrier Membrane         of part 154; 155.140; 
  Materials.                                         Appendix B of part 
                                                                     155
ASTM F 715-95, Standard Test Methods for Coated     154.106; Appendix C 
  FabricsUsed for Oil Spill Control and Storage.   to Part 154; 155.140; 
                                                     Appendix B to Part 
                                                                     155
ASTM F 722-82 (1993), Standard Specification for    154.106; Appendix A 
  WeldedJoints for Shipboard Piping Systems.          and Appendix B to 
                                                     Part 154; 155.140; 
                                                          AppendixA and 
                                                     Appendix B to Part 
                                                                     155
ASTM F 808-83 (1988), Standard Guide for            154.105; Appendix C 
  Collecting SkimmerPerformance Data in            of part 154; 155.140; 
  Uncontrolled Environments.                         Appendix B of part 
                                                                     155
ASTM F 989-86, Standard Test Methods for Spill      154.106; Appendix C 
  ControlBarrier Tension Members.                  of part 154; 155.140; 
                                                     Appendix B of part 
                                                                     155
ASTM F 1121-87 Standard Specification for                  126.5; 126.15
  InternationalShore Connections for Marine Fire 
  Applications.
ASTM F 1121-87 (1993) Standard Specification          127.003; 127.611; 
  forInternational Shore Connections for Marine                 127.1511
  Fire Applications.
ASTM F 1122-87 (1992) Standard Specification for        154.106; 154.500
  QuickDisconnect Couplings.
ASTM F 1155-98, Standard Practice for Selection     154.106; Appendix A 
  andApplication of Piping System Materials.          and Appendix B to 
                                                                Part 154


American Society of Mechanical Engineers

  Three Park Avenue, New York, NY 10016-5990; 
  Orderinquiries: 22 Law Drive, P.O. Box 2900, 
  Fairfield, New Jersey 07007;Phone: 1-800-843-
  2763
ASME B31.3, Chemical Plant and Petroleum Refinery      127.003; 127.1101
  Piping, 1993.


Coast Guard, Department of Transportation

  2100 Second St., SW., Washington, DC 20593
Guidelines for Preparation of a Deepwater Ports                  150.105
  Operations Manual,1975.


Cordage Institute

  350 Lincoln St., Hingham, MA 02043
CIA-3, Standard Test Methods for Fiber Rope               164.03; 164.74
  IncludingStandard Terminations, Revised June, 
  1980.


Department of Defense

  DODSSP Standardization Document Order Desk, 700 
  Robbins Ave., Bldg4D, Philadelphia, PA 19111-
  5098
Federal Specifications:
  ZZ-H-451-1978 Woven Hose, Rubber or Cambric-lined, with Couplin149.469
Military Specifications:
  MIL-P-21929B Plastic Material, CellularPolyurethane, F183.5; 183.505; 
  Rigid, 1970.                                                   183.516

[[Page 960]]

Illumination Engineering Society

  345 E. 47th St., New York, NY 10017
Lighting Handbook, 5th Ed., 1972 p. 3-36..........               149.703


Institute of Electrical and Electronic Engineers, Inc.

  Service Center, 445 Hoes Lane, Piscataway, NJ 
  08855; Telephone:(800) 678-4333
IEEE-45 Recommended Practice for Electric                 183.5; 183.435
  Installations onShipboard, Cable Construction--
  1983.


International Chamber of Shipping

  30-32 St. Mary's Axe, London, UK ED3A8ET
Clean Seas Guide for Oil Tankers, 1973............                157.23
Guide to Helicopter/Ship Operations, Third              156.111; 156.330
  Edition, 1989.


International Commission on Illumination

  Illumination Engineering Society, 345 E. 47th 
  St., New York, NY10017
Standard Observer Diagram, 1931 (1964 Suppl.) in                 149.727
  LightingHandbook, 5th Ed., 1972 on pp. 5-3 and 
  5-5.


International Electrotechnical Commission (IEC), Bureau Central dela 
Commission Electrotechnique Internationale

  1 rue de Varembe, Geneva, Switzerland
IEC 309-1--Plugs, Socket-Outlets and Couplers           154.106; 154.812
  forIndustrial Purposes: Part 1, General 
  Requirements, 1979.
IEC 309-2--Plugs, Socket-Outlets and Couplers           154.106; 154.812
  forIndustrial Purposes: Part 2, Dimensional 
  InterchangeabilityRequirements for Pin and 
  Contact-tube Accessories, 1981.
IEC 60945, Maritime Navigation and                               169.215
  Radiocommunication Equipmentand Systems--General 
  Requirements--Methods of Testing andRequired 
  Test Results, Fourth edition, August 2002.
IEC 61993-2, Maritime Navigation and                      164.03; 164.46
  RadiocommunicationEquipment and Systems, 
  Automatic Identification Systems (AIS)--Part 2: 
  Class A Shipborne Equipment of the Universal 
  AutomaticIdentification Systems (AIS), 
  Operational and PerformanceRequirements, Methods 
  of Test and Required Test Results, Firstedition, 
  December 2001.


International Maritime Organization (IMO)

  Publication Section, 4 Albert Embankment, 
  London, SE1 7SR, UnitedKingdom
Code for Construction and Equipment of Mobile           140.7; 143.207; 
  Offshore DrillingUnits (IMO Assembly Resolution                146.205
  A.414 (XI), Nov. 15, 1979).
IMO Resolution A.342 (IX) Recommendation on                       164.13
  Performance Standardsfor Automatic Pilots, 
  adopted Nov. 12, 1975.
IMO Resolution A.535(13), Recommendations on            155.140; 155.235
  Emergency TowingRequirements for Tankers, Nov. 
  17, 1983.
IMO Assembly Resolution A.601(15) Provision and          157.02; 157.450
  Display ofManoeuvering Information on Board 
  Ships, Annex Sections 1.1, 2.3, 3.1,and 3.2 w/
  apps., November 19, 1987.
IMO Resolution A.694(17), General Requirements for               169.215
  Shipborne RadioEquipment Forming Part of the 
  Global Maritime Distress and SafetySystem 
  (GMDSS) and for Electronic Navigational Aids, 
  November 6, 1991.
IMO Resolution A.739(18), ``Guidelines for the            181.4; 181.703
Authorizationof Organizations Acting on Behalf 
[[Page 961]]nistration,'' datedNovember 22, 1993.

IMO Assembly Resolution A.744(18), Guidelines on         157.02; 157.430
  the EnhancedProgramme of Inspections During 
  Surveys of Bulk Carriers and OilTankers, Annex B 
  Sections 1.1.3-1.1.4, 1.2-1.3, 2.1,2.3-2.6, 3-8 
  and Annexes 1-10 w/ apps., November4, 1993.
IMO Assembly Resolution A.751(18), Interim               157.02; 157.445
  Standards for ShipManoeuverability, Annex 
  Sections 1.2, 2.3-2.4, 3-4.2,and 5, November 4, 
  1993 with explanatory notes in MSC/Circular 
  644,June 6, 1994.
Resolution MSC.74(69), Annex 3, Recommendation on         164.03; 164.46
  PerformanceStandards for an Univeral Shipborne 
  Automatic Identification System(AIS) adopted May 
  12, 1998.
Resolution MSC.202(81), Adoption of Amendments to                169.240
  theInternational Convention for the Safety of 
  Life at Sea, 1974, asAmended, May 19, 2006.
Resolution MSC.210(81), Performance Standards and       169.215, 169.240
  FunctionalRequirements for the Long-Range 
  Identification and Tracking of Ships,May 19, 
  2006.
Resolution MSC.254(83), Adoption of Amendments to       169.215, 169.240
  the PerformanceStandards and Functional 
  Requirements for the Long-RangeIdentification 
  and Tracking of Ships, October 12, 2007.
SN/Cir.277: Guidelines for the Installation of a          164.03; 164.46
  ShipborneAutomatic Identification System (AIS), 
  January 6, 2003.
SOLAS, International Convention for Safety of Life        164.03; 164.46
  at Sea, 1974,and 1988 Protocol Relating Thereto, 
  2000 Amendments, effective Januaryand July, 2002 
  (SOLAS 2000 Amendments).
MSC Circular 443, ``Measures to Prevent Unlawful        128.220; 128.300
  ActsAgainst Passengers and Crews on Board 
  Ships'', dated September26, 1986.
Conference Resolution 1: Adoption of Amendments to        164.03; 164.46
  the Annex tothe International Convention for the 
  Safety of Life at Sea, 1974, andAmendments to 
  Chapter V of SOLAS 1974, adopted December 12, 
  2002.
International Convention on Tonnage Measurement of                 169.5
  Ships, 1969.


International Telecommunication Union Radiocommunication Bureau

  Place de Nations CH-1211, Geneva 20 Switzerland
ITU-R Recommendation M. 821, Optional Expansion of                164.43
  theDigital Selective Calling System for Use in 
  the Maritime MobileService, 1992.
ITU-R Recommendation M. 825, Characteristics of                   164.43
  aTransponder System Using Digital Selective--
  Calling Techniquesfor use with Vessel Traffic 
  Services and Ship-to-Ship Identification,1992.
ITU-R Recommendation M.1371-1: Technical                  164.03; 164.46
  Characteristicsfor a Universal Shipborne 
  Automatic Identification System Using 
  TimeDivision Multiple Access in the VHF Maritime 
  Mobile Band, 1998-2001.


National Electrical Manufacturers Association (NEMA)

  1300 North 17th Street, Suite 1847, Rosslyn, VA 
  22209; Telephone:(703) 841-3200; FAX: (703) 841-
  3300
ANSI/NEMA WD6--Wiring Devices, Dimensional              154.106; 154.812
  Requirements,1988.


National Fire Protection Association (NFPA)

  1 Batterymarch Park, Quincy, MA 02269-9101, 
  Telephone:(800) 344-3555
NFPA 10-1994 Portable Fire Extinguishers..........    127.003; 127.603; 
                                                                127.1503
NFPA 10-1998, Standard for Portable Fire                   126.5; 126.15
Extinguishers.
[[Page 962]]

NFPA 11A-1976 High Expansion Foam Systems.........               149.481
NFPA 12-1977 Carbon Dioxide Extinguishing Systems.               149.481
NFPA 12A-1977 Halogenated Fire Extinguishing Agent               149.481
  SystemsHalon 1301.
NFPA 13-1978 Installation of Sprinkler Systems....               149.481
NFPA 13-1996 Standard for the Installation of              126.5; 126.15
  SprinklerSystems.
NFPA 14-1996 Standard for the Installation of              126.5; 126.15
  Standpipe andHose Systems.
NFPA 30-1993 Flammable and Combustible Liquids        127.003; 127.313; 
  Code.                                                         127.1313
NFPA 30-1996 Flammable and Combustible Liquids             126.5; 126.15
  Code.
NFPA 51B-1994 Standard for Fire Prevention in Use        126.5; 126.30; 
  ofCutting and Welding Processes.                    127.003; 127.405; 
                                                     127.1405; 154.106; 
                                                                 154.735
NFPA 59A-1994 Production, Storage and Handling of     127.003; 127.101; 
  LiquefiedNatural Gas (LNG).                         127.201; 127.405; 
                                                                 127.603
NFPA 70-1987 National Electrical Code.............    154.106; 154.735; 
                                                      154.808; 154.812; 
                                                          183.5; 183.435
NFPA 70, National Electric Code, 1993.............    127.003; 127.107; 
                                                       127.201; 127.1107
NFPA 70, National Electric Code, 1996.............         126.5; 126.15
NFPA 72A-1975 Installation, Maintenance, and Use                 149.541
  of LocalProtective Signalling Systems.
NFPA 251-1990 Fire Tests of Building Construction       127.003; 127.005
  andMaterials.
NFPA 307-1995 Standard for the Construction and            126.5; 126.15
  FireProtection of Marine Terminals, Piers, and 
  Wharves.
NFPA 407-1975 Fueling at Rooftop Heliports,                      149.213
  Chapter 6.


Oil Companies International Marine Forum (OCIMF)

  96 Victoria Street, 15th. Floor, London SWIE 
  55W, England
International Safety Guide for Oil Tankers and        154.106; 154.735; 
  Terminals, Section6.10, Fourth Ed., 1996.                      154.810
International Safety Guide for Oil Tankers and           157.02; 157.435
  Terminals, Chapters6, 7, and 10, Fourth Ed., 
  1996.
International Safety Guide for Oil Tankers and          154.106; 154.735
  Terminals, Sections9.1, 9.2, 9.3, and 9.5, 
  Fourth Ed., 1996.
Ship to Ship Transfer Guide (Petroleum), Second      155.140; 155.1035; 
  Edition, 1988.                                        156.111; 156.330


Radio Technical Commission for Marine Services (RTCM)

  655 Fifteenth St., NW., Suite 300, Washington, 
  DC 20005
RTCM Paper 12-78/DO-100 Minimum                                   164.41
  PerformanceStandards, Loran C Receiving 
  Equipment, 1977.
RTCM Paper 71-95/SC112-STD Recommended Standards          164.03; 164.72
  forMarine Radar Equipment Installed on Ships of 
  Less Than 300 Tons GrossTonnage, Version 1-1, 
  October 10, 1995.
RTCM Paper 191-93/SC112-X Recommended Standards           164.03; 164.72
  forMarine Radar Equipment Installed on Ships of 
  300 Tons Gross Tonnageand Upwards, Version 1.2, 
  December 20, 1993.
RTCM Recommended Standards for Differential          161.376(a)(5)(i)(B)
NAVSTAR GPS Service,Version 2.0, dated January 
[[Page 963]]

RTCM Recommended Standards for Differential                       164.43
  NAVSTAR GPSService, Version 2.1, RTCM Paper 194-
  93/SC 104-STF, 1994.


Society of Automotive Engineers, Inc.

  400 Commonwealth Dr., Warrendale, PA 15096; 
  Telephone: (412)776-4841
SAE J378-1984 Marine Engine Wiring................        183.5; 183.430
SAE J557-1968 High Tension Ignition Cable.........        183.5; 183.440
SAE J1127-1980 Battery Cable......................        183.5; 183.430
SAE J1128-1975 Low Tension Primary Cable..........        183.5; 183.430
SAE J1527-1985 Marine Fuel Hoses..................        183.5; 183.540


Underwriters Laboratories, Inc.

  12 Laboratory Drive, Research Triangle Park, NC 
  27709-3995
UL 19-1978 (1979) Woven Jacketed, Rubber-lined                   149.469
  Firehose.
UL 83-1980 Standard for Thermoplastic Insulated           183.5; 183.435
  Wires.
UL 1114-1987 Marine (USCG Type A) Flexible Fuel                    183.5
  Line Hose.
UL 1114-1979 Standard for Marine Use, Flexible          183.505; 183.540
  Fuel LineHose.
UL 1123-1989 Marine Bouyand Devices, sections 33,         181.4; 181.703
  34, and35, 5th Edition.
ANSI/UL 1123--1987 Standard for Marine Bouyant            140.7; 143.405
  Devices.
UL 1128-1977 Marine Blowers.......................        183.5; 183.610
UL 1426--1986 Cables for Boats....................        183.5; 183.435
UL Hazardous Location Equipment Directory, May                   149.539
  1979 PortableLighting Units.

[[Page 965]]



                    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 966]]

                        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 967]]

       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 968]]

       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 969]]

      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 970]]

       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 971]]

       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 972]]

       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 973]]

       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 974]]

         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 975]]

      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 976]]

            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 977]]

            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 978]]

        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 979]]

            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 980]]

        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 981]]

       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 982]]

        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 983]]

        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 985]]





           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 986]]

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 987]]

  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 988]]

  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 989]]

  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 990]]

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 991]]

  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 992]]

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 993]]

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 995]]



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
150.250 Amended....................................................55574
151.01 Note removed................................................55570
151.05 Amended.....................................................55570
151.08 (a) amended.................................................55570
151.10 Heading revised, (a)(5), (c), (f) introductory 
        text,(f)(2)(i) through (f)(2)(iii) revised, (f) note 
        amended....................................................55571
151.13 (b)(3) revised; (f) amended.................................55571
151.19 (e) introductory text revised...............................55571
151.25 (d)(2), (3) and (e)(10) amended.............................55571
151.26 (b)(3)(i)(A), (B), (ii) table and (iii)(B)amended...........55571
151.55 (a)(1), (2) and (b) introductory text revised; (a)(3)added 
                                                                   55571
151.1000 Amended...................................................33641
151.1006 Amended...................................................33641
151.1510 (a)(1) revised............................................58390
151.1516 (a) introductory text revised.............................58391
151.2005 (b) revised...............................................58391
151.2010 (b) and (d) revised.......................................58391
151.2020 Removed...................................................58391
151.2035 (b) introductory text, (b)(1) revised.....................58391
151.2040 Heading, (c) introductory text, (c)(1), (2) 
        (4)introductory text, and (4)(ii) revised; (c)(4)(iv) 
        added......................................................58391
151.2041 Added.....................................................58391
151.2045 Heading and (a) introductory text revised.................58391
151.2000--151.2065 (Subpart D) Appendix Damended...................58391
154.1035 (b)(4)(ii)(B) amended.....................................33641
155.330 Heading and (b) amended....................................55571
155.350 Heading and (a)(2) revised; (b) amended....................55571
155.360 Heading and (e) revised; (a), (b) introductory textand (2) 
        amended....................................................55571
155.370 (b) introductory text, (1) and (2) amended; (d)removed; 
        (e) and (f) redesignated as new (d) and (e); heading, (a) 
        andnew (e) revised.........................................55571
155.380 (c) removed; (d) redesignated as new (c)...................55572
155.410 (a)(3) revised; (b) amended................................55572
155.420 (a)(4) and (5) redesignated as (a)(5) and (6); (a)(3), new 
        (a)(5) and (b) amended; new (a)(4) added...................55572
155.430 (a) introductory text revised..............................55572
155.440 Heading amended............................................55572
155.810 Revised....................................................55572
155.1015 (a) and (c)(2) amended....................................55572
155.1020 Amended...................................................55572
155.1050 (k)(3) stayed; eff. 2-12-01 to2-12-04......................3878
155.1052 (f) stayed in part; eff. 2-12-01 to2-12-04.................3878
157.03 Amended.....................................................55572
157.04 (b) amended.................................................55573

[[Page 996]]

157.07 Amended.....................................................55573
157.11 (a) amended.................................................55573
157.12 (b)(2) amended..............................................55573
157.15 (b) introductory text revised...............................55573
157.17 Heading, (a), (b) and (c) amended...........................55573
157.22 Added.......................................................55573
157.24 (c)(2) amended..............................................55573
157.24a (b)(2) amended.............................................55573
157.33 Amended.....................................................55573
157.37 Heading and (e) introductory text revised; (a)(3),(7) and 
        (b) amended................................................55573
157.39 (b)(1) removed; (b)(2), (3) and (4) redesignated as(b)(1), 
        (2) and (3); (a), (b) introductory text and new 
        (b)(2)amended..............................................55573
157.43 (b) introductory text amended...............................55573
157.118 (a)(1)(ii) and (2)(i) amended..............................55573
157.138 (a)(1) amended.............................................55573
157.140 (a)(1) amended.............................................55573
157.160 (a)(2) and (b)(3) amended..................................55573
157.216 (a)(1)(ii) and (2)(i) amended..............................55573
157.224 (a) amended................................................55573
157.302 (b)(3) and (6) amended.....................................55573
157.304 (a) amended................................................55573
157.310 (c) amended................................................55573
157.400 (b)(2) amended.............................................55573
157 Appendices B and D amended.....................................55573
158.100 (b)(1) amended.............................................55573
158.110 (a)(1) amended.............................................55574
158.120 Amended; heading revised...................................55574
158.133 (a) amended................................................55574
158.135 (a) amended................................................55574
158.200--158.250 (Subpart B) Heading revised.......................55574
158.200 (a)(2), (3)(i), (ii), (iii) and (b) amended................55574
158.210 (a), (b) and (c) amended...................................55574
158.220 (a) through (d) amended....................................55574
158.230 (a) and (b) amended........................................55574
158.240 (a), (b), (c) introductory text and (d) introductorytext 
        revised....................................................55574
158.250 Amended....................................................55574
159 Authority citation revised.....................................38930
159.4 (a) amended..................................................33641
159.12 (c) amended.................................................33641
159.15 (a) introductory text and (c) amended.......................33641
159.17 (a) amended.................................................33641
159.19 (a) amended.................................................33641
159.97 Amended.....................................................33641
159.301--159.321 (Subpart E) Added.................................38930
160 Authority citation revised.....................................50572
160.201 (c) and (d) suspended; (e), (f) and (g) added(temporary) 
                                                                   50572
    Regulation at 66 FR 50572 corrected............................57877
160.203 Suspended in part (temporary)..............................50572
160.207 Suspended (temporary)......................................50572
160.211 Suspended (temporary)......................................50573
160.213 Suspended (temporary)......................................50574
160.T204 Added (temporary).........................................50572
160.T208 Added (temporary).........................................50572
    Regulation at 66 FR 50572 corrected............................57877
160.T212 Added (temporary).........................................50573
    Regulation at 66 FR 50573 corrected............................57877
160.T214 Added (temporary).........................................50574
    Regulation at 66 FR 50574 corrected............................57877
164.01 (a) revised; (c) added......................................21864
    Regulation at 66 FR 21864 eff. date confirmed..................42753
164.33 (a)(3)(i) and (ii) amended..................................33641
164.72 (b)(2)(ii)(B), (C) and (D) amended..........................33641
165 Temporary regulations list.......................10581, 28370, 56035
    (a)(1) suspended; (a)(13), (d)(15) and (16) added (temporary) 
                                                                   66754
    Technical correction...........................................17466
165.103 Suspended..................................................58066
165.110 Suspended (temporary)......................................59698
165.121 Suspended (temporary)......................................64146
165.161 Revised.....................................................6479
165.166 Added......................................................20405
165.168 Heading, (a) introductory text, (b) introductorytext, (c) 
        introductory text, (d) introductory text, (4), (e), (f) 
        andFigures 1 through 4 revised; (a)(7), (8), (9), (b)(10), 
        (c)(3), (4)and (d)(8) through (11) added...................16000
165.170 Added; eff. 7-2-01.........................................29486
165.501 (d)(14) added (Temporary)..................................53713
165.540 Added; interim.............................................39099

[[Page 997]]

165.704 Revised....................................................14489
165.713 Removed....................................................36170
165.754 (b)(3) amended.............................................33641
165.755 Added......................................................16870
165.903 (a)(1), (4) and (11) amended...............................33642
165.907 Added......................................................27869
    Implementation (temporary).......................29907, 33026, 37580
165.1101 Redesignated as 165.1151; new 165.1101 redesignatedfrom 
        165.1102...................................................33642
165.1102 Redesignated as 165.1101; new 165.1102 redesignatedfrom 
        165.1103...................................................33642
165.1103 Redesignated as 165.1102; new 165.1103 redesignatedfrom 
        165.1104...................................................33642
165.1104 Redesignated as 165.1103; new 165.1104 redesignatedfrom 
        165.1105...................................................33642
165.1105 Redesignated as 165.1104; new 165.1105 redesignatedfrom 
        165.1106...................................................33642
165.1106 Redesignated as 165.1105; new 165.1106 redesignatedfrom 
        165.1107...................................................33642
165.1107 Redesignated as 165.1106; new 165.1107 redesignatedfrom 
        165.1108...................................................33642
165.1108 Redesignated as 165.1107..................................33642
165.1109 Redesignated as 165.1152..................................33642
165.1111 Redesignated as 165.1131..................................33642
165.1112 Redesignated as 165.1191..................................33642
165.1113 Redesignated as 165.1153..................................33642
165.1114 Redesignated as 165.1181..................................33642
165.1114 (c)(7) revised; interim...................................38374
165.1115--165.1309 Undesignated center headingremoved..............33641
165.1115 Redesignated as 165.1182..................................33642
165.1116 Redesignated as 165.1171..................................33642
165.1131 Redesignated from 165.1111................................33642
165.1151 Redesignated from 165.1101................................33642
165.1152 Redesignated from 165.1109................................33642
165.1153 Redesignated from 165.1113................................33642
165.1171 Redesignated from 165.1116................................33642
165.1181 Redesignated from 165.1114................................33642
165.1182 Redesignated from 165.1115................................33642
165.1191 Redesignated from 165.1112................................33642
165.1301--165.1309 Undesignated center headingadded................33641
165.1311 Added; interim............................................35760
165.1403 (a) amended...............................................33642
165.1707 Removed...................................................15625
165.1709 Added.....................................................44059
165.2000--165.2025 (Subpart G) Added...............................48781
165.2030 Added.....................................................48784
165.T-01-002 Added (temporary).....................................43776
    Effective date corrected.......................................45619
    Corrected......................................................48209
165.T01-015 Added (temporary)......................................19093
165.T01-021 Added (temporary)......................................21286
165.T01-024 Added (temporary)......................................13853
165.T01-026 Added (temporary)......................................14491
165.T01-047 Added (temporary)......................................20927
165.T01-063 Added (temporary)......................................28373
165.T01-064 Added (temporary)......................................28658
165.T01-065 Added (temporary)......................................34839
165.T01-066 Added (temporary)......................................34847
165.T01-074 Added (temporary)......................................34849
165.T01-075 Added (temporary)......................................30062
165.T01-078 Added (temporary)......................................30319
165.T01-090 Added (temporary)......................................34840
165.T01-093 Added (temporary)......................................34369
165.T01-099 Added (temporary)......................................34832
165.T01-100 Added (temporary)......................................42756
165.T01-102 Added (temporary)......................................51309
165.T01-107 Added (temporary)......................................36168
165.T01-118 Added (temporary)......................................38158
165.T01-131 Added (temporary)......................................42604
165.T01-133 Added (temporary)......................................45928
165.T01-135 Added (temporary)......................................43090
165.T01-139 Added (temporary)......................................47387
165.T01-145 Added (temporary)......................................45926
165.T01-162 Added (temporary)......................................49283
165.T01-163 Added (temporary)......................................49107
165.T01-164 Added (temporary)......................................50106
165.T01-165 Added (temporary)...............................51311, 51561
165.T01-166 Added (temporary)........................49537, 51312, 51561
165.T01-170 Added (temporary)......................................51307
165.T01-171 Added (temporary)......................................49283

[[Page 998]]

165.T01-175 Added (temporary)......................................50108
165.T01-188 Added (temporary)......................................64146
165.T01-192 Added (temporary)......................................58064
165.T01-193 Added (temporary)......................................57387
165.T01-197 Added (temporary)......................................56216
165.T01-198 Added (temporary)......................................55576
165.T01-206 Added (temporary)......................................65107
165.T01-207 Added (temporary)......................................67488
165.T01-214 Added (temporary)......................................59698
165.T05-060 Added (temporary)......................................50317
165.T07-033 Added (temporary)......................................22123
165.T07-036 Added (temporary)......................................23165
165.T07-037 Added (temporary)......................................51565
165.T07-074 Added (temporary)......................................37417
165.T-07-095 Added (temporary).....................................49105
165.T07-096 Added (temporary)......................................48957
165.T07-097 Added (temporary)......................................49288
165.T07-098 Added (temporary)......................................49536
165.T07-101 Added (temporary)......................................49534
165.T07-108 Added (temporary)......................................62942
165.T07-110 Added (temporary)......................................52690
165.T07-129 Added (temporary)......................................60152
165.T07-139 Added (temporary)......................................65839
165.T08-036 Added (temporary)......................................50109
165.T08-038 Added (temporary)......................................38936
165.T08-080 Added (temporary)......................................64914
165.T09-005 Added; eff. 7-11-01 to7-16-01..........................32911
165.T09-006 Added; eff. 7-11-01 to7-16-01..........................32913
165.T09-008 Added..................................................32907
165.T09-009 Added..................................................32907
165.T09-010 Added..................................................32907
165.T09-011 Added..................................................32908
165.T09-012 Added..................................................32908
165.T09-013 Added (temporary)...............................28375, 34835
165.T09-101 Added (temporary)......................................49285
165.T09-102 Added (temporary)......................................49291
165.T09-103 Added (temporary)......................................49290
165.T09-105 Added (temporary)......................................52036
165.T09-109 Added (temporary)......................................52038
165.T09-110 Added (temporary)......................................52042
165.T09-111 Added (temporary)......................................52044
165.T09-112 Added (temporary)......................................66751
165.T09-113 Added (temporary)......................................53959
165.T09-118 Added (temporary)......................................54142
165.T09-123 Added (temporary)......................................66749
165.T09-135 Added (temporary)......................................52041
165.T09-136 Added (temporary)......................................52039
165.T09-914 Added (temporary)......................................30061
165.T09-915 Added (temporary)......................................31842
165.T09-916 Added (temporary)...............................29700, 35546
165.T09-917 Added (temporary)...............................30320, 34837
165.T09-919 Added (temporary)......................................36167
165.T09-920 Added (temporary)......................................32225
165.T09-921 Added (temporary)......................................32223
165.T09-922 Added (temporary)......................................33839
165.T09-923 Added (temporary)......................................33842
165.T09-927 Added (temporary)......................................34830
165.T09-928 Added (temporary)......................................33837
165.T09-930 Added (temporary)...............................34844, 35081
165.T09-933 Added (temporary)......................................34846
165.T09-935 Added (temporary)......................................33844
165.T09-940 Added (temporary)......................................37586
165.T09-942 Added (temporary)......................................33840
    Added (temporary)..............................................34367
165.T09-945 Added (temporary)......................................37585
165.T09-948 Added (temporary)......................................34114
165.T09-950 Added (temporary)......................................34834
165.T09-957 Added (temporary)......................................37142
165.T09-958 Added (temporary)......................................35758
165.T09-969 Added (temporary)......................................37583
165.T09-970 Added (temporary)......................................37582
165.T09-972 Added (temporary)......................................38156
165.T09-974 Added (temporary)......................................34842
    Regulation at 66 FR 34842 correctly designated.................44303
165.T09-980 Added (temporary)......................................40121
165.T09-983 Added (temporary)......................................41785
165.T09-985 Added (temporary)......................................42754
165.T09-987 Added (temporary)......................................42949
165.T09-989 Added (temporary)......................................41787
165.T09-990 Added (temporary)......................................42947
165.T09-1 Added (temporary)........................................42605
    Corrected......................................................45619
165.T09-992 Added (temporary)......................................43777
165.T09-993 Added (temporary)......................................45775
165.T09-994 Added (temporary)......................................44973
165.T09-995 Added (temporary)......................................46220
165.T09-998 Added (temporary)......................................48796
    (a) corrected..................................................52851
165.T09-999 Added (temporary)......................................49286
165.T11-030 Added (temporary)......................................13854
165.T11-035 Added (temporary)......................................21868
165.T11-036 Added (temporary)......................................21871
165.T11-037 Added (temporary)......................................21869
165.T11-038 Added (temporary)......................................21866
165.T11-055 Added (Temporary)......................................53715
165.T11-094 Added (temporary)......................................52693
165.T11-095 Added (temporary)......................................54666
165.T13-004 Added (temporary)......................................38372
165.T13-005 Added (temporary)......................................34372
165.T13-006 Added (temporary)......................................34370
165.T13-011 Added (temporary)......................................39447
165.T14-051 Added (temporary)......................................38935
165.T14-054 Added (temporary)......................................41789
165.T14-058 Added (temporary)......................................52694
165.T17-012 Added (temporary)......................................15351

[[Page 999]]

    Corrected......................................................15799
165.T17-SEAK-001 Added (temporary)..................................6476
165.T17-003 Added (temporary)......................................56213
165.T17-004 Added (temporary)......................................56212
165.T17-005 Added (temporary)......................................56210
165.T17-008 Added (temporary)......................................56218
169.5 Authority citation revised...................................58070
169.5 Revised......................................................58070
169.100 Note revised...............................................58070
169.120 Revised....................................................58070
169.125 Revised....................................................58070
169.135 (a) revised................................................58070
169.140 Revised....................................................58070
173.55 (a)(3) revised; eff. 7-2-01.................................21675
    (a)(3) redesignated in part as (a)(3)(i) and (ii); eff.7-2-01 
                                                                   33845
173.57 Heading revised; eff. 7-2-01................................21675
173.59 Heading revised; eff. 7-2-01................................21675
173 Appendix A amended.............................................33642
177.07 (b) amended..................................................1862
    Regulation at 66 FR 1862 eff. date delayed......................9658
183.5 (b) amended..................................................55091
183.801--183.810 (Subpart M) Added.................................55091
187 Revised........................................................15630

                                  2002

33 CFR
                                                                   67 FR
                                                                    Page
Chapter I
125 Clarification..................................................51082
127.015 (c)(1) and (d) amended.....................................41332
128.120 (a) amended................................................41332
140.10 Amended......................................................5916
140.101 Section heading revised; (b) through (e)redesignated as 
        (c) through (f); new (b) added; new (c), (d) and 
        (f)amended..................................................5916
140.103 (b) amended; (c) revised; (d) removed.......................5916
    Regulation at 67 FR 5916 eff. date confirmed...................18493
140.105 (a) and (b) amended; (c) revised; (d) redesignatedas (e) 
        and amended; new (d) added..................................5916
148.211 Amended....................................................41332
148.217 (a) amended................................................41332
151 Regulation at 54 FR 22548 confirmed (OMB number)................6171
151.1021 (b)(1) and (c) amended....................................41332
151.2041 (a) amended...............................................41332
153.103 (d) amended................................................41333
154.108 (a) and (d) amended........................................41333
154.822 (c) amended................................................41333
155 Authority citation and note revised............................58523
155.200 Amended....................................................58524
155.490 Added......................................................58524
155.1065 (h) amended...............................................41333
155.1070 (f) amended...............................................41333
156 Authority citation revised.....................................58524
156.110 (a) and (d) amended........................................41333
156.120 (ee) added.................................................58524
156.210 (a)(2) and (3) amended.....................................41333
157.06 (c) and (d) amended.........................................41333
157.306 (a) amended................................................41333
158.190 (c)(1) and (d) amended.....................................41333
159.121 (d) amended................................................41333
160 Authority citation revised.....................................37686
160.7 (c) amended..................................................41333
160.201 Regulation at 66 FR 50572 suspended through9-30-02.........37686
    Regulation at 66 FR 50572 suspended in part through3-31-03.....55119
160.203 Regulation at 66 FR 50572 suspended through9-30-02.........37686
    Amended........................................................53740
    Regulation at 66 FR 50572 suspended in part through3-31-03.....55120
160.207 Regulation at 66 FR 50572 suspended through9-30-02.........37687
    Regulation at 66 FR 50572 suspended through3-31-03.............55120
160.211 Regulation at 66 FR 50573 suspended through9-30-02.........37687
    Regulation at 66 FR 50573 suspended through3-31-03.............55120
160.213 Regulation at 66 FR 50574 suspended through9-30-02.........37687
    Regulation at 66 FR 50574 suspended in part through3-31-03.....55120
160.T204 Regulation at 66 FR 50572 suspended through9-30-02........37686
    Regulation at 66 FR 50572 extended through3-31-03..............55120
160.T208 (f)(2) corrected...........................................2571
    Regulation at 66 FR 50572 suspended through9-30-02.............37687
    (c)(15)(iv) revised; (c)(16) added (temporary).................53740
    Regulation at 66 FR 50572 extended through3-31-03..............55120
160.T212 Regulation at 66 FR 50573 suspended through9-30-02........37687

[[Page 1000]]

    (b)(20) added (temporary)......................................53740
    Regulation at 66 FR 50573 extended through3-31-03..............55120
160.T214 Regulation at 66 FR 50574 suspended through9-30-02........37687
    Regulation at 66 FR 50574 extended through3-31-03..............55120
161.60 (b) through (d) redesignated as (c) through (e); new(b) 
        added......................................................53742
164.03 (a) amended.................................................41333
165 Temporary regulations list...........9194, 30554, 48988, 49236,71840
    Authority citation revised.....................................41333
    Implementation (temporary)..............................42723, 62178
    Technical correction....................................56222, 57332
    Enforcement notice.............................................70696
165.103 Suspended (temporary)......................................30811
    Revised........................................................56487
165.104 Added......................................................49582
165.106 Added......................................................64815
165.110 Regulation at 66 FR 59698 suspended to8-15-02..............20644
    Revised........................................................63263
165.114 Added; interim.............................................20912
    (b) revised....................................................63265
165.115 Added......................................................37693
165.116 Added......................................................45909
165.121 Revised....................................................56224
165.151 Added......................................................22352
165.165 (d)(10) added; eff. to 3-30-03.............................42726
165.167 Added......................................................56489
165.501 (d)(7)(i) revised...........................................3814
    (a)(1) stayed to 12-15-02; (a)(13), (d)(14), (15)and (16) eff. 
date extended to 12-15-02..........................................41339
    165.501 Regulation at 67 FR 3814 eff. date confirmed...........50351
165.756 Added......................................................46867
165.757 Added......................................................60867
165.758 Added......................................................76991
165.809 Added......................................................64046
165.812 Added......................................................61989
165.813 Added......................................................64048
165.820 Added......................................................40163
165.825 Added......................................................64043
165.907 Implementation (temporary).................................36523
165.908 Added......................................................39295
    Correctly added and (a) corrected..............................47299
    Removed........................................................66055
165.909 Added......................................................44560
    Implementation (temporary)................46387, 51083, 55120, 62178
165.910 Added......................................................53502
    Correctly added................................................65041
165.911 Added......................................................53500
165.912 Added......................................................52611
165.915 Added......................................................46386
165.916 Added......................................................49578
165.917 Added......................................................65043
165.1101 (a) and (b) revised; (c) added.............................4665
    Suspended 9-11-02 to 2-11-03...................................58334
165.1103 Suspended (temporary).....................................58526
165.1104 (a) and (b) revised; (c) added.............................4663
    Suspended (temporary)..........................................58528
165.1120 Added (temporary)..........................................4661
165.1121 Added (temporary)..........................................4660
165.1151 Stayed to 6-15-02..........................................3816
    Stayed to 12-21-02.............................................41627
    Suspended (temporary)..........................................79858
165.1154 Added.....................................................72563
165.1155 Added (temporary); interim................................15120
    Added..........................................................77430
165.1183 Added.....................................................79855
165.1311 Removed...................................................37689
165.1703 (a) correctly revised.....................................45313
165.1709 Added; interim (OMB number pending).......................44059
165.2000--165.2025 (Subpart G) Added...............................31960
165.2030 Added.....................................................38394
165.T01-033 Added (temporary)......................................35907
165.T01-039 Added (temporary)......................................17286
165.T01-058 Added (temporary)......................................34614
165.T01-059 Added (temporary)......................................35908
165.T01-061 Added (temporary)......................................38396
165.T01-062 Added (temporary)......................................44366
165.T01-063 Added (temporary)......................................51763
165.T01-064 Added (temporary)......................................38596
165.T01-153 Added (temporary)........................................519
    Regulation at 67 FR 519 eff. date extended to11-15-02; (c) 
revised (temporary)................................................40861
    Added (temporary)..............................................45061
165.T01-093 Added (temporary)......................................52865
165.T01-094 Added (temporary)......................................50353
165.T01-096 Added (temporary)......................................49242
165.T01-099 Added (temporary)......................................56757
165.T01-114 Added (temporary)......................................62375
165.T01-131 Added (temporary)......................................72841
165.T01-153 (c) revised (temporary)................................69134
165.T01-154 Added (temporary)........................................520
    Regulation at 67 FR 520 eff. date extended to11-15-02; (b) 
revised (temporary)................................................40861

[[Page 1001]]

    (b) revised (temporary)........................................69134
165.T01-165 Regulation at 66 FR 51561 eff. dateextended to 8-15-
        02; (c) revised (temporary)................................16018
    (c) revised (temporary)........................................53312
165.T01-166 Regulation at 66 FR 51561 eff. dateextended to 8-15-
        02; (b) revised (temporary)................................16018
    (b) revised (temporary)........................................53312
165.T01-171 (a)(4) removed (temporary)..............................1609
    Revised (temporary)............................................11579
165.T01-188 (b) revised (temporary)................................35037
165.T01-192 Regulation at 66 FR 58064 eff. dateextended to 8-15-
        02; heading revised; (c) added(temporary)..................30811
165.T01-207 (b) revised (temporary)................................30809
    (b) revised (temporary)........................................52609
165.T01-211 Added (temporary).......................................1609
165.T01-214 (b) revised (temporary)................................20644
165.T01-223 Added (temporary).......................................1100
165.T02-014 Added (temporary)......................................15745
165.T02-031 Added (temporary)......................................38593
165.T05-006 Added (temporary)......................................30559
165.T05-033 Added (temporary)......................................39601
165.T05-060 Added (temporary)......................................57744
165.T05-071 Added (temporary).......................................9205
    Regulation at 67 FR 9205 eff. date extended to9-30-02; (d) 
revised............................................................41178
    (d) revised (temporary)........................................61495
165.T05-087 Added (temporary)......................................65040
165.T05-097 Added (temporary)......................................77925
165.T07-002 Added (temporary).......................................4912
    Removed........................................................31129
165.T07-003 Added (temporary).......................................9203
165.T07-022 Added (temporary)......................................36099
165.T07-024 Added (temporary)......................................19335
165.T07-037 Added (temporary)......................................31732
165.T07-046 Added (temporary)......................................40863
165.T07-047 Added (temporary)......................................40610
165.T07-049 Added (temporary)......................................38594
165.T07-052 Added (temporary)......................................40618
165.T07-053 Added (temporary)......................................42485
165.T07-054 Added (temporary)......................................46391
165.T-07-060 Added (temporary).....................................41340
165.T07-065 Added (temporary)......................................44556
165.T07-101 Added (temporary)......................................57954
165.T07-112 Added (temporary).......................................2331
165.T07-115 Added (temporary).......................................1102
165.T07-116 Added (temporary).......................................6653
165.T07-117 Added (temporary).......................................8197
165.T07-122 Added (temporary).......................................4179
165.T07-128 Added (temporary).......................................4667
165.T07-132 Added (temporary)......................................68764
165.T07-133 Added (temporary)......................................68762
165.T07-135 Added (temporary).......................................2333
165.T07-136 Added (temporary).......................................4911
165.T07-142 Added (temporary).......................................4357
165.T07-145 Added (temporary)......................................10329
165.T07-146 Added (temporary)......................................76993
165.T07-148 Added (temporary)......................................71477
165.T07-170 Added (temporary)......................................10619
165.T08-001 Added (temporary)......................................10327
    (b) and (d) revised............................................40615
165.T08-002 Added (temporary)......................................10325
    Regulation at 67 FR 10325 eff. date extended to10-15-02; (b) 
and (d) revised (temporary)........................................40617
165.T08-003 Added (temporary).......................................9208
    Regulation at 67 FR 9208 eff. date extended to10-15-02; (b) 
revised (temporary)................................................40613
165.T08-009 Added (temporary).......................................9589
165.T08-010 Added (temporary).......................................9591
165.T08-016 Added (temporary)......................................11922
    (b) revised; eff. to 10-15-02..................................39301
165.T08-035 Added (temporary)......................................21578
    (b) and (d) revised (temporary)................................39848
165.T08-043 Added (temporary)......................................30557
165.T08-046 Added (temporary)......................................36522
165.T08-047 Added (temporary)......................................36524
165.T08-048 Added (temporary)......................................36521
165.T08-049 Added (temporary)......................................39853
165.T08-050 Added (temporary)......................................39851
165.T08-055 Added (temporary)......................................41337
165.T08-056 Added (temporary)......................................41335
165.T08-064 Added (temporary)......................................48552
165.T08-065 Added (temporary)......................................45905
165.T08-099 Added (temporary)......................................60590
165.T08-100 Added (temporary)......................................58332
165.T08-108 Added (temporary)......................................67303
165.T08-122 Added (temporary)......................................70315
165.T09-002 Added (temporary)......................................19678
    (d) added; Regulation at 67 FR 19676 eff. date extended to8-1-
02.................................................................39294
165.T09-003 Added (temporary)......................................40866
165.T09-005 Added (temporary)......................................34840
165.T09-007 Added (temporary)......................................30807
165.T09-011 Added (temporary)......................................46389
165.T09-016 Added (temporary)......................................39598
    Added; eff. to 7-31-02.........................................40611
165.T09-029 Added; eff. to7-31-02..................................40611
165.T09-032 Added (temporary)......................................44566

[[Page 1002]]

165.T09-034 Added (temporary)......................................41176
165.T09-035 Added (temporary)......................................44362
165.T09-036 Added (temporary)......................................44368
165.T09-037 Added (temporary)......................................45903
165.T09-038 Added (temporary)......................................44564
165.T09-042 Added (temporary)......................................44558
165.T09-101 Regulation at 66 FR 49285 eff. dateextended to 8-15-
        02; (b) revised (temporary)................................40854
165.T09-103 Regulation at 66 FR 49290 eff. dateextended to 8-15-
        02; (b) revised (temporary)................................40854
165.T09-109 Regulation at 66 FR 52038 eff. dateextended to 8-15-
        02; (b) revised (temporary)................................40854
    Removed........................................................49578
165.T09-110 Regulation at 66 FR 52042 eff. dateextended to 8-15-
        02; (b) revised (temporary)................................40854
    Removed........................................................49578
165.T09-111 (b) revised; eff. date extended in partto 8-1-02.......39850
165.T09-135 Removed................................................46386
165.T09-136 Corrected..............................................19674
    Removed........................................................46386
165.T09-506 Added (temporary)......................................52607
    Removed........................................................52611
165.T09-526 Added (temporary)......................................78386
165.T09-998 Removed................................................39295
165.T09-999 (b) revised (temporary)................................40853
165.T11-030 Added (temporary).......................................6649
    Regulation at 67 FR 6649 eff. date extended to12-21-02; (c) 
revised............................................................41847
165.T11-033 Added (temporary).......................................8199
    Added (temporary)..............................................59454
165.T11-034 Added (temporary)......................................66335
165.T11-035 Added (temporary)......................................67111
165.T11-036 Added (temporary)......................................14643
165.T11-041 Added (temporary)......................................20914
165.T11-042 Added (temporary)......................................34842
165.T11-045 Added (temporary)......................................54737
165.T11-047 Added (temporary)......................................58334
165.T11-048 Added (temporary).......................................5482
    Regulation at 67 FR 5482 eff. date extended to3-21-03; (b) 
revised............................................................41840
    Added (temporary)..............................................58528
165.T11-049 Added (temporary).......................................7272
    Added (temporary)..............................................58526
165.T11-058 Added (temporary).......................................2573
165.T11-060 Added (temporary).......................................1099
    Regulation at 67 FR 1099 eff. date extended to6-15-03; (c) 
revised............................................................41342
165.T11-062 Added (temporary).......................................3816
165.T11-063 Added (temporary)......................................12874
165.T11-065 Added (temporary)......................................31958
165.T11-066 Added (temporary)......................................41628
    (f) revised (temporary)........................................79858
165.T11-067 Added (temporary)......................................37695
165.T11-069 Added (temporary)......................................55726
165.T11-078 Added (temporary)......................................39299
165.T11-082 Added (temporary)......................................39600
    (c) revised (temporary)........................................49580
165.T11-086 Added (temporary)......................................44568
165.T11-089 Added (temporary)......................................54108
165.T11-095 Removed (temporary).....................................5484
165.T11-096 Added (temporary).......................................9207
165.T11-097 Added (temporary).......................................5484
165.T11-098 Added (temporary).......................................7613
    Revised (temporary)............................................42488
165.T13-002 Added (temporary)......................................34844
165.T13-004 Added (temporary)......................................40865
165.T13-005 Added (temporary)......................................45907
165.T13-006 Added (temporary)......................................41837
165.T13-007 Added (temporary)......................................44364
165.T13-008 Added (temporary)......................................48784
165.T13-011 Added (temporary)......................................66337
165.T14-057 Added (temporary).......................................9402
165.T14-058 Removed (temporary).....................................4658
165.T14-061 Added (temporary).......................................4658
165.T14-069 Added (temporary)......................................20909
165.T14-071 Added (temporary)......................................15485
165.T14-072 Added (temporary)......................................66051
165.T17-002 Added (temporary)......................................11923
165.T17-003 Removed (temporary)....................................38390
165.T17-004 Removed (temporary)....................................38390
165.T17-005 Removed (temporary)....................................38390
165.T17-006 Added (temporary).......................................6651
165.T17-008 Added (temporary)......................................19676
165.T17-009 Added (temporary)......................................38390
165.T17-010 Added (temporary)......................................20445
165.T17-013 Added (temporary)......................................49584
165.TD05-02-041 Added (temporary)..................................44061
167.1700 Added.....................................................53743
167.1701 Added.....................................................53743
167.1702 Added.....................................................53743
167.1703 Added.....................................................53743
173.55 (a)(3) revised..............................................14645
175 Authority citation revised.....................................34759
175.3 Amended................................................8885, 34759
    Regulation at 67 FR 8885 withdrawn.............................14645
    Amended; eff. 12-23-02; interim................................42493

[[Page 1003]]

175.15 (b) amended; (c) added.......................................8885
    Regulation at 67 FR 8885 withdrawn.............................14645
    Introductory text and (b) amended; (c) added; eff.12-23-02; 
interim............................................................42493
175.25 Added........................................................8885
    Regulation at 67 FR 8885 withdrawn.............................14645
    Added; eff. 12-23-02; interim..................................42493
175.110 (a) revised................................................34760
177 Authority citation revised.....................................34760
177.03 (b) revised.................................................34760
179 Authority citation revised.....................................34760
179.03 Amended.....................................................34760
181 Authority citation revised.....................................34760
181.3 Amended......................................................34760
183 Authority citation revised.....................................34760
183.3 Amended......................................................34760
183.5 Regulation at 66 FR 55091 eff. date delayed to11-1-03.........2329
183.801--183.810 (Subpart M) Regulation at 66 FR 55091eff. date 
        delayed to 11-1-03..........................................2329

                                  2003

33 CFR
                                                                   68 FR
                                                                    Page
Chapter I
Chapter I Heading revised..........................................16953
126 Heading revised................................................55440
126.01 Removed.....................................................55440
126.05 Removed.....................................................55440
126.07 Removed.....................................................55440
126.09 Removed.....................................................55440
126.10 Removed.....................................................55440
126.1 Added........................................................55440
126.3 Added........................................................55440
126.5 Added........................................................55441
126.12 Added.......................................................55441
126.15 Revised (OMB number pending in part)........................55441
126.27 (b) introductory text, (1), (2), (3), (7) and (d)through 
        (i) revised; (b)(8) removed; (j) through (l) added.........55442
126.30 Added.......................................................55442
147.815 Added.......................................................4102
147.817 Added.......................................................4102
147.819 Added.......................................................4102
147.821 Added.......................................................4102
147.823 Added.......................................................4102
147.825 Added.......................................................4100
147.827 Added......................................................55445
147.829 Added......................................................59118
151.2000--151.2065 (Subpart D) Authority citationrevised...........37740
151.2025 (b) amended...............................................37741
154 Authority citation revised.....................................37741
154.1055 (f) revised...............................................37741
155.1060 (h) revised...............................................37741
160 Authority citation revised........................9543, 27908, 39313
    Authority citation correctly revised...........................41915
160.201-160.215 (Subpart C) Revised.................................9543
160.203 (d) and (e) suspended......................................27908
    (f) added; interim.............................................39313
    Regulation at 68 FR 39313 confirmed............................60512
    (b)(1) corrected...............................................63735
160.206 (a) table suspended in part................................27908
    (a) table amended; interim.....................................39313
    Regulation at 68 FR 39313 confirmed............................60512
    (d) corrected..................................................63735
160.210 (b) and (c) suspended in part; (d) suspended...............27908
    (c) corrected..................................................63735
160.212 (c) suspended..............................................27908
    (a)(3) table corrected.........................................63735
161 Authority citation revised.....................................39364
    Authority citation correctly revised...........................41914
    Policy statement...............................................55826
161.2 Amended; interim.............................................39364
    Regulation at 68 FR 39364 confirmed............................60569
161.12 (a)(1), (b), (b) table, and (c) redesignated as (b),(c), 
        (c) table, and (d); new (c) revised; new (c) table 
        amended;interim............................................39364
    Regulation at 68 FR 39364 confirmed; (c) table amended.........60569
161.15 (a) and (b) amended; interim................................39366
    Regulation at 68 FR 39366 confirmed............................60569
161.16 Introductory text revised; interim..........................39366
    Regulation at 68 FR 39366 confirmed............................60569
161.17 Revised; interim............................................39366
    Regulation at 68 FR 39366 confirmed............................60569
161.18 (a), (b) and (c) amended; (d) redesignated as (e);new (d) 
        added; interim.............................................39366

[[Page 1004]]

    Regulation at 68 FR 39366 confirmed............................60569
161.20 (a) and (c) amended; note removed; interim..................39366
    Regulation at 68 FR 39366 confirmed............................60569
161.21 Revised; interim............................................39366
    Regulation at 68 FR 39366 confirmed............................60569
161.23 (b)(1) amended; (c) and note removed; interim...............39367
    Regulation at 68 FR 39367 confirmed............................60569
161.25--161.60 (Subpart C) Heading revised;interim.................39367
    Regulation at 68 FR 39367 confirmed............................60569
162 Authority citation revised.....................................37741
    Comment period reopened........................................60034
162.117 (a) amended................................................37741
164 Authority citation revised; eff.8-27-03........................22610
    Authority citation revised.....................................39367
    Authority citation correctly revised...........................41914
    Policy statement...............................................55826
164.01 (a) and (c) amended; (d) added; interim.....................39367
    Regulation at 68 FR 39367 confirmed............................60569
164.02 (a) amended; interim........................................39367
    Regulation at 68 FR 39367 confirmed; (a) introductory 
textrevised........................................................60569
164.03 (b) amended; interim........................................39367
    Regulation at 68 FR 39367 confirmed; (b) amended...............60569
164.43 Heading revised; (a) amended; interim.......................39367
    Regulation at 68 FR 39367 confirmed; (a) introductory 
textamended........................................................60569
164.46 Added; interim..............................................39367
    (a)(2) introductory text corrected.............................41914
    Revised........................................................60569
164.78 (a)(6) and (7) revised; (a)(8) added; eff.8-27-03; interim 
                                                                   22610
164.80 Heading revised; (c) added; eff.8-27-03; interim............22610
165 Authority citation revised.........13233, 14331, 37741, 39314,39368, 
                                              42602, 47854, 47856, 50713
    Temporary regulations list.........22301, 34303, 37417, 47237, 62524
    Authority citation correctly revised....................41914, 41915
    Policy statement...............................................55826
165.9 Added........................................................42602
165.105 Added......................................................22305
165.151 (a)(1) through (17) amended................................37741
    (a)(10) correctly amended......................................40024
165.153 Added......................................................48802
165.154 Added......................................................48803
165.160 Revised.....................................................2890
165.165 (d)(10) added; eff. 3-30-03 to9-30-04......................16958
165.169 Added.......................................................2890
    (a)(7) through (10) added; eff. 2-4-03 to9-1-03.................7929
165.500 Added......................................................43311
165.501 (d)(14) added; eff. 12-20-02 to6-15-03......................2203
    (a)(1) suspended; (a)(13), (d)(15) and (16) added; eff.12-20-
02 to 6-15-03.......................................................2886
    Revised........................................................35175
165.502 Revised....................................................75133
165.505 Added......................................................15053
165.514 (c)(2) suspended; (c)(3) added (temporary).................67372
165.759 Added.......................................................3186
165.760 Added......................................................52342
165.761 Added.......................................................3189
165.762 Added; eff. 7-7-03.........................................33391
165.764 Added......................................................47854
165.765 Added......................................................63991
165.814 Added......................................................23593
165.822 Added......................................................14151
165.830 Added; interim.............................................57363
    (d)(1)(v) corrected............................................63988
    OMB number.....................................................69959
165.907 Implementation (temporary)..........................27462, 43926
165.909 Implementation (temporary)..........................40770, 47245
165.918 Added......................................................27467
165.918 Implementation (temporary)..........................41922, 47465
165.921 Added; interim.............................................57622
    OMB number.....................................................74479
165.1101 Suspended 2-11-03 to5-11-03................................7080
    Revised........................................................25290
165.1103 Suspended 2-11-03 to5-11-03................................7075
    Revised........................................................25290
165.1104 Suspended 2-11-03 to5-11-03................................7077
    Revised........................................................25290

[[Page 1005]]

165.1108 Added......................................................1008
165.1151 Revised...................................................13233
165.1181 (c)(1)(ii)(F) amended.....................................37741
165.1191 Table 1 suspended in part; new (c) added(temporary).......24363
165.1311 Added.....................................................17735
165.1312 Added.....................................................31979
165.1313 Added.....................................................15374
    Enforcement notice.............................................17733
165.1314 Added.....................................................31610
    Implementation (temporary).....................................32996
165.1315 Added.....................................................32368
    Implementation (temporary).......................33401, 33402, 44209
165.1316 Added.....................................................42290
    Implementation (temporary).....................................43926
165.1318 Added.....................................................53679
165.1405 Added......................................................4384
165.1407 Added.....................................................20347
165.1704 (d) through (g) added; eff. 4-3-03 to5-18-03..............25821
    (c)(6) amended; interim........................................39368
    Regulation at 68 FR 39368 confirmed; (c)(6) amended............60570
165.1709 Regulation at 66 FR 44059 confirmed; eff. in part4-24-03 
                                                                   14328
165.T01-019 Added (temporary)......................................19357
165.T01-023 Added (temporary)......................................40172
165.T01-028 Added (temporary)......................................22307
165.T01-050 Added (temporary)......................................40176
165.T01-053 Added (temporary)......................................39015
165.T01-060 Added (temporary)......................................32366
165.T01-069 Added (temporary)......................................40174
165.T01-131 Technical correction (temporary)........................1162
165.T01-153 (c) revised (temporary)................................12306
165.T01-154 (b) revised (temporary)................................12306
165.T05-007 Added (temporary).......................................5834
165.T05-040 Added (temporary)......................................23894
165.T05-043 Added (temporary)......................................24361
165.T05-072 Added (temporary)......................................41722
165.T05-073 Added (temporary)......................................41718
165.T05-074 Added (temporary)......................................41724
165.T05-078 Added (temporary)......................................32998
165.T05-090 Added (temporary)......................................33388
165.T05-091 Added..................................................32645
165.T05-092 Added (temporary)......................................33389
165.T05-093 Added (temporary)......................................33401
165.T05-099 Added (temporary)......................................58017
165.T05-102 Added (temporary)......................................45165
165.T05-103 Added (temporary)......................................45167
165.T05-117 Added (temporary)......................................48285
165.T05-122 Added (temporary)......................................52100
165.T05-150 Added (temporary)......................................61366
165.T05-153 Added (temporary)......................................59539
165.T05-199 Added (temporary)......................................69610
165.T05-204 Added (temporary)......................................75135
165.T07-006 Added (temporary)......................................14331
    (a)(14) corrected..............................................17291
165.T07-011 Added (temporary).......................................7703
165.T07-069 Added (temporary)......................................25500
165.T07-073 Added (temporary)......................................33397
165.T07-075 Added (temporary)......................................33393
165.T07-079 Added (temporary)......................................47856
165.T07-081 Added (temporary)......................................33399
165.T07-082 Added (temporary)......................................33396
165.T07-083 Added (temporary)......................................33394
165.T07-101 Added (temporary)......................................22298
165.T07-104 Added (temporary)......................................40771
165.T07-105 Added (temporary)......................................40177
165.T07-113 Added (temporary)......................................41082
165.T07-144 Added (temporary)......................................64530
165.T07-156 Added (temporary).......................................1969
165.T07-171 Added (temporary)......................................75427
165.T07-200 Added (temporary)......................................68520
165.T08-013 Added (temporary).......................................9548
165.T08-019 Added (temporary)......................................23396
165.T08-020 Added (temporary)......................................23595
165.T08-033 Added (temporary)......................................24885
165.T08-050 Added (temporary)......................................34307
165.T08-051 Added (temporary)......................................34308
165.T08-082 Added (temporary)......................................44620
165.T08-090 Revised (temporary)....................................49358
165.T08-122 Revised (temporary).....................................2453
165.T08-129 Added (temporary)......................................58608
165.T08-135 Added (temporary)......................................61750
165.T08-153 Added (temporary)......................................74863
165.T09-204 Added (temporary)......................................41921
165.T09-206 Added (temporary)......................................41269
165.T09-207 Added (temporary)......................................42286
    (a) removed (temporary)........................................44891
165.T09-208 Added (temporary)......................................42284
165.T09-209 Added (temporary)......................................23402
165.T09-212 Added (temporary)......................................27464
165.T09-213 Added (temporary)......................................27466
165.T09-214 Added (temporary)......................................27729
    Reinstated and revised (temporary).............................64990
165.T09-215 Added (temporary)......................................34804
165.T09-216 Added (temporary)......................................34539
165.T09-217 Added (temporary)......................................34537
165.T09-222 Added (temporary)......................................41271
165.T09-223 Added (temporary)......................................38611
165.T09-224 Added (temporary)......................................47243
165.T09-226 Added (temporary)......................................38191
165.T09-227 Added (temporary)......................................47241
165.T09-228 Added (temporary)......................................40169

[[Page 1006]]

165.T09-229 Added (temporary)......................................40171
165.T09-230 Added (temporary)......................................39457
165.T09-232 Added (temporary)......................................41720
165.T09-235 Added (temporary)......................................41532
165.T09-245 Added (temporary)......................................43309
165.T09-246 Added (temporary)......................................47245
165.T09-249 Added (tenporary)......................................51454
165.T09-253 Added (temporary)......................................47465
165.T09-257 Added (temporary)......................................44892
165.T09-258 Added (temporary)......................................49706
165.T09-260 Added (temporary)......................................51452
165.T09-261 Added (temporary)......................................51451
165.T09-265 Added (temporary)......................................52098
165.T09-270 Added (temporary)......................................59729
165.T11-030 Added (temporary)......................................67948
165.T11-031 Added (temporary).......................................7075
    Removed........................................................25290
    Added (temporary)..............................................65179
165.T11-032 Added (temporary)......................................18125
    Revised (temporary)............................................41925
165.T11-033 Added (temporary)......................................39016
165.T11-035 Added (temporary)......................................23597
165.T11-036 Added (temporary)......................................23898
165.T11-037 Added (temporary)......................................31609
165.T11-039 Added (temporary)......................................14901
165.T11-040 Added (temporary).......................................3399
165.T11-041 Added (temporary)......................................39018
165.T11-042 Added (temporary)................................3401, 36467
165.T11-043 Added (temporary)................................3397, 44460
165.T11-045 Added (temporary)......................................57369
165.T11-047 Added (temporary).......................................7080
    Removed........................................................25290
165.T11-048 Revised (temporary)....................................17738
    Added (temporary)..............................................57367
165.T11-049 Added (temporary).......................................7077
    Removed........................................................25290
165.T11-051 Added (temporary)......................................61752
165.T11-060 (c) revised (temporary)................................36747
165.T11-070 Added (temporary)......................................13235
165.T11-073 Added (temporary)......................................43639
165.T11-075 Added (temporary)......................................48557
165.T11-077 Added (temporary).......................................9006
    (f) revised (temporary).................................32371, 55448
    Regulation at 68 FR 9006 eff. date extended to3-31-04..........55445
165.T11-078 Added (temporary)......................................13230
    Regulation at 68 FR 13230 eff. date extended to3-31-04; (f) 
revised (temporary)................................................55314
165.T11-079 Added (temporary)......................................25503
    (b)(2) revised (temporary).....................................40774
165.T11-084 Added (temporary)......................................33384
165.T11-091 Added (temporary)......................................42288
165.T11-093 Added (temporary)......................................50713
165.T11-095 Added (temporary)......................................59120
165.T11-096 Added (temporary)......................................57371
165.T11-097 Added (temporary)......................................70155
165.T11-099 Added (temporary)......................................74865
165.T13-002 Added (temporary)......................................15377
165.T13-003 Added (temporary)......................................15055
165.T13-006 Added (temporary)......................................23392
165.T13-008 Added (temporary)......................................23896
165.T13-009 Added (temporary)......................................33000
165.T13-010 Added (temporary)......................................33386
165.T13-014 Added (temporary)......................................44890
165.T13-016 Added (temporary)......................................48283
165.T13-017 Added (temporary)......................................49361
165.T13-018 Added (temporary)......................................58606
165.T13-019 Added (temporary)......................................52509
165.T17-005 Added (temporary)......................................27471
165.T17-014 Added (temporary)......................................22300
165.T17-016 Added (temporary)...............................26491, 62010
165.T17-017 Added (temporary)...............................26210, 60036
165.T17-019 Added (temporary)......................................41080
173 Authority citation revised.....................................37741
173.1 Amended......................................................37741
173.21 (a)(2) amended..............................................37742
173.23 Amended.....................................................37742
173.29 (a) and (d) amended.........................................37742
173.57 (j) amended.................................................37742
173.77 (b)(2) and (e) amended......................................37742
174 Authority citation revised.....................................37742
174.3 Amended......................................................37742
174.5 Amended......................................................37742

                                  2004

33 CFR
                                                                   69 FR
                                                                    Page
Chapter I
126.5 Nomenclature change..........................................18803
126.15 Regulation at 68 FR 55441 eff. in part3-1-04 (OMB numbers) 
                                                                    4241
127 Authority citation revised.....................................34925
127.003 Nomenclature change........................................18803
    (a) amended....................................................34926
128.120 Nomenclature change........................................18803
140 Authority citation revised.....................................34926
140.7 Nomenclature change..........................................18803
    (a) amended....................................................34926
147.831 Added.......................................................6147
147.833 Added......................................................21066
147.835 Added......................................................19934
147.837 Added; eff. 7-19-04........................................33858
148 Revised (temporary); interim; eff. 1-6-04through 10-1-06.........746

[[Page 1007]]

149 Revised (temporary); interim; eff.1-6-04 through 10-1-06.........746
149.100--149.150 (Subpart B) Technicalcorrection....................3836
149.415 (d) and (e) correctly redesignated as (c) and (d)...........3836
150 Revised (temporary); interim; eff. 1-6-04through 10-1-06.........746
150.940 Added; interim.............................................52830
151.1500--151.1516 (Subpart C) Authority citationrevised; eff. 8-
        13-04......................................................32869
151.1516 (a) amended; eff. 8-13-04.................................32869
151.1518 Added; eff. 8-13-04.......................................32869
151.2000--151.2065 (Subpart D) Authority citationrevised....32869, 44961
151.2005 Revised; eff. 8-13-04.....................................32869
151.2007 Added; eff. 8-13-04.......................................32869
151.2010 Introductory text amended; (b) and (d) removed; 
        (c)redesignated as (b); new (c) added; eff. 8-13-04........32869
151.2015 Amended; eff. 8-13-04.....................................32869
    Revised........................................................44961
151.2025 (b) amended; eff. 8-13-04.................................32869
    Amended........................................................44961
151.2035 Heading, (a) introductory text, (7) and (b)revised; 
        (a)(2)(vii) added..........................................44691
    (b)(2) and (3) corrected.......................................60309
151.2036 Added.....................................................44961
151.2037 Added.....................................................44961
151.2040 Revised; eff. 8-13-04.....................................32869
151.2041 Redesignated as 151.2043; new 151.2041 added; eff.8-13-04
                                                                   32870
    Heading and (a) corrected......................................40767
151.2043 Redesignated from 151.2041; heading, (a)introductory text 
        and (1) amended; eff. 8-13-04..............................32870
151.2045 Heading revised; (a) introductory text amended; (a)(8)(i) 
        designation removed; (a)(8)(ii), (iii) and (iv) 
        redesignated as(a)(9), (10) and (11); eff. 8-13-04.........32870
151.2000--151.2065 (Subpart D) Appendix amended; eff.8-13-04.......32870
154 Authority citation revised.....................................34926
154.106 Nomenclature change........................................18803
    (a) amended....................................................34926
155.140 Nomenclature change........................................18803
155.1050 (k)(3) stayed; eff. 2-12-04 through2-12-07.................3237
155.1052 (f) stayed in part; eff. 2-12-04through 2-12-07............3237
156.111 Nomenclature change........................................18803
157.02 Nomenclature change.........................................18803
159.4 Nomenclature change..........................................18803
160.204 Amended (temporary)........................................51181
160.210 (a) suspended; (e) added (temporary).......................51181
161.12 (c) table amended...........................................34926
161.15 (b) amended; CFR correction.................................39837
164 Authority citation revised; eff.7-19-04........................34068
    Authority citation revised.....................................34926
164.03 Nomenclature change.........................................18803
    (a) amended....................................................34926
164.78 (a)(6), (7) and (8) revised; eff.7-19-04....................34068
164.80 (c) revised; eff. 7-19-04...................................34068
165 Temporary regulations list.................4237, 24513, 44597, 62574
    Technical correction...........................................29230
165.140 (a)(1) revised; (a)(3) added................................4244
165.152 Added......................................................26045
165.168 Heading, (a) introductory text, (b) introductorytext, (c) 
        introductory text and (d) introductory text revised; 
        (a)(10), (11), (12), (b)(11) and (d)(12) added; (f) 
        amended; Figures 1through 4 removed........................41199
165.169 (a)(7) through (11) added...................................2670
    (a)(12) and (c) added; (b) revised; eff.7-15-04................33306
165.202 Added......................................................43750
165.503 Added......................................................40769
165.511 Added......................................................56697
165.514 (b) heading, (c) heading, (1) heading and (3) added;(c)(2) 
        and (d) revised............................................41946
165.535 Added......................................................28827
165.552 Added.......................................................5284
165.553 Added.......................................................5279
165.554 Added......................................................46103
165.756 (d)(1)(i) revised..........................................21068
165.822 Removed....................................................43746
165.907 Implementation (temporary).................................33304
165.910 (a)(5) revised.............................................71709
165.916 (a)(1) revised..............................................4242
165.920 Added......................................................23103
165.1110 Added.....................................................43915

[[Page 1008]]

165.1181 (c)(1)(ii)(C)(3) introductory text,(5), (6)(ii), (7), 
        (e)(1)(ii)(E), (2)(i), (ii) and (3) revised.................2843
165.1183 Revised....................................................8820
165.1185 Added.....................................................30206
165.1187 Added.....................................................11316
165.1190 Added; eff. 7-7-04........................................31739
165.1192 Added; eff. 8-1-04........................................34282
165.1312 Implementation (temporary)................................15681
165.1315 Implementation (temporary)................................16795
165.1317 Added......................................................2068
    (k) corrected...................................................4245
    Implementation (temporary)......................................3837
165.1318 Enforcement notices................................54215, 76417
165.1319 Added; eff. 7-26-04.......................................35250
    Implementation (temporary).....................................41196
165.1321 Added.....................................................52603
    (c)(3) added...................................................71711
165.T01-002 Added (temporary)......................................43911
165.T01-035 Added (temporary)......................................23657
165.T01-040 Added (temporary)......................................25319
165.T01-046 Added (temporary)......................................43906
165.T01-053 Added (temporary)......................................30831
165.T01-075 Added (temporary)......................................35252
165.T01-078 Added (temporary)......................................62410
165.T01-081 Added (temporary)......................................43908
165.T01-087 Added (temporary)......................................43913
165.T01-088 Added (temporary)......................................42339
165.T01-089 Added (temporary)......................................42339
165.T01-097 Added (temporary).......................................9949
165.T01-099 Added (temporary)......................................55956
165.T01-111 Added (temporary)......................................51769
165.T01-117 Added (temporary)......................................58836
165.T01-152 Added (temporary)......................................78310
165.T05-003 Added (temporary).......................................5472
165.T05-011 Added (temporary).......................................6160
165.T05-015 Added (temporary).......................................5468
165.T05-019 Added (temporary).......................................9553
165.T05-021 Added (temporary).......................................5470
165.T05-022 Added (temporary).......................................5474
165.T05-057 Added (temporary)......................................30201
165.T05-066 Added (temporary)......................................19327
165.T05-078 Reinstated and revised (temporary)......................5281
165.T05-081 Added (temporary)......................................24516
165.T05-090 Reinstated and revised (temporary)......................6154
165.T05-091 Reinstated and revised (temporary)......................5286
165.T05-092 Reinstated and revised (temporary)......................6156
165.T05-093 Reinstated and revised (temporary)................6158,10617
165.T05-105 Added (temporary)......................................36016
165.T05-106 Added (temporary)......................................35248
165.T05-116 Added (temporary)......................................42878
165.T05-135 Added (temporary)......................................59803
165.T05-137 Added (temporary)......................................46101
165.T05-148 Added (temporary)......................................49815
165.T05-151 Added (temporary)......................................49818
165.T05-170 Added (temporary)......................................54574
165.T05-172 Added (temporary)......................................55954
165.T05-191 Added (temporary)......................................59801
165.T05-204 Corrected...............................................1618
165.T05-205 Added (temporary).......................................6560
165.T05-207 Added (temporary).......................................6149
165.T05-216 Added (temporary)......................................74444
165.T05-224 Added (temporary)......................................77141
165.T07-013 Removed................................................41374
165.T07-040 Added (temporary)......................................29655
165.T07-041 Added (temporary)......................................29658
165.T07-046 Added (temporary)......................................30834
165.T07-093 Added (temporary)......................................59807
165.T07-096 Added (temporary)......................................45257
165.T07-100 Added (temporary)......................................48791
165.T07-101 Added (temporary)......................................29234
165.T07-108 Added (temporary)...............................40543, 68809
165.T07-112 Added (temporary)......................................58834
165.T07-132 Added (temporary)......................................68807
165.T07-146 Added (temporary)......................................70376
165.T07-176 Added (temporary).......................................6152
165.T08-025 Added (temporary)......................................25320
165.T08-032 Added (temporary)......................................30833
165.T08-033 Added (temporary)......................................43748
165.T08-090 Reinstated and revised (temporary)......................7369
165.T08-139 Added (temporary)......................................65375
165.T08-162 Added (temporary).......................................3007
165.T08-163 Added (temporary).......................................3010
165.T09-001 Added (temporary)......................................32449
165.T09-009 Added (temporary)......................................27837
165.T09-012 Added (temporary)......................................23655
165.T09-016 Added (temporary)......................................29071
165.T09-023 Added (temporary)......................................34074
165.T09-024 Added (temporary)......................................34278
165.T09-025 Added (temporary)......................................34280
165.T09-027 Added (temporary)......................................34932
165.T09-030 Added (temporary)......................................34928
165.T09-031 Added (temporary)......................................34930
165.T09-032 Added (temporary)......................................34574
165.T09-034 Added (temporary)......................................34576
165.T09-035 Added (temporary)......................................34578
165.T09-095 Added (temporary)......................................45258
165.T09-149 Added (temporary)......................................78311
165.T09-289 Added (temporary).......................................1529
165.T11-004 Added (temporary)......................................16165
    Reinstated; (f) revised (temporary)............................55504

[[Page 1009]]

165.T11-008 Added (temporary)......................................18476
165.T11-014 Added (temporary)......................................29435
165.T11-017 Added (temporary)......................................31296
165.T11-021 Added (temporary)......................................36014
165.T11-037 Added (temporary)......................................48790
165.T11-041 Added (temporary)......................................59138
165.T11-042 Added (temporary)......................................59809
165.T11-043 Added (temporary)......................................59805
165.T11-060 Reinstated and revised (temporary).......................271
165.T13-002 Added (temporary)......................................29231
165.T13-004 Added (temporary)......................................30203
165.T13-008 Added (temporary)......................................40321
165.T13-011 Added (temporary)......................................42117
165.T13-016 Reinstated and revised (temporary)......................5467
    Technical correction...........................................12542
165.T17-008 Added (temporary)......................................76414
165.T17-009 Added (temporary)......................................76417
165.T17-018 Added (temporary)......................................29069
165.T17-030 Added (temporary)......................................28829
167 Study results..................................................18476
169 Authority citation revised.....................................34926
    Technical correction...........................................34926
174 Authority citation revised.....................................34926
174.121 Amended....................................................34926
175 Authority citation revised.....................................45591
175.25 Revised.....................................................45591
181 Authority citation revised.....................................34926
    Authority citation revised; eff. 8-16-04.......................33860
181.4 Nomenclature change..........................................18803
    (a) amended....................................................34926
181.27 Revised; eff. 8-16-04.......................................33860
183.5 Nomenclature change..........................................18803
    (a) amended....................................................34926
183.607 Nomenclature change........................................18803

                                  2005

33 CFR
                                                                   70 FR
                                                                    Page
Chapter I
147.839 Added......................................................43768
147.841 Added......................................................43772
147.843 Added......................................................43770
148 Policy statement...............................................33351
149 Policy statement...............................................33351
150 Policy statement...............................................33351
150.940 (b) added; interim.........................................24709
151 Authority citation revised.....................................36349
151.01--151.79 (Subpart A) Authority citationrevised...............74675
151.05 Amended.....................................................74675
151.15 Revised.....................................................74675
151.45 Removed.....................................................74675
151.2000-151.2065 (Subpart D) Appendix amended.....................36349
153 Authority citation revised.....................................74675
153.203 Amended....................................................74675
154 Appendix C amended.............................................36349
155.200 Suspended in part 8-19-05 to7-21-08........................41617
155.490 Suspended 8-19-05 to7-21-08................................41617
155.1035 (c)(5)(i) amended.........................................36349
155 Appendix B amended.............................................36349
156.120 (ee) suspended 8-19-05 to7-21-08...........................41617
159 Authority citation revised.....................................36349
159.309 (b)(4) amended.............................................36350
160 Authority citation revised.....................................74669
160.202 (b) revised; interim.......................................74669
160.204 Amended; interim...........................................74669
160.210 (e) removed; (a) reinstated and revised;interim............74669
161.5 (b) amended..................................................36350
162.240 Regulations at 64 FR 29557, 32103 and 65 FR 18245confirmed
                                                                   20473
165 Temporary regulations list........................5045, 28426, 45531
165.151 (a)(10), (b) and (c) revised; (a)(18) through (26)added....43764
165.160 (a)(2) and (b) suspended (temporary).......................42495
165.162 (c) suspended; (d) added (temporary).......................53564
165.166 (a) revised................................................35536
165.506 Added......................................................24958
165.518 Added......................................................11551
165.555 Added......................................................40887
165.709 Added......................................................43282
165.735 Removed.....................................................6348
165.759 (a) suspended; (e) added (temporary)........................3621
165.763 Added......................................................22256
165.809 (a), (b)(1) and (2) revised................................39178
165.835 Added......................................................20813
165.907 Implementation (temporary).................................36033
165.914 Added.......................................................3147
165.923 Added......................................................76694
165.1101 Revised....................................................2021
165.1122 Added.....................................................70495
165.1156 Added.....................................................30640
165.1183 Revised...................................................18307
165.1190 Revised...................................................48874
165.1195 Added.....................................................49492
165.1199 Added......................................................3301
165.1312 (d) revised...............................................33353

[[Page 1010]]

165.1314 Enforcement notice........................................29202
165.1315 Enforcement notices................................22800, 28826
165.1316 Enforcement notice........................................29202
165.1318 Enforcement notice........................................20473
165.1319 Implementation (temporary)................................44470
165.1321 Enforcement notices...................2357, 12416, 24309, 30360
    (c)(3) corrected................................................2019
    (c)(3) correctly amended.......................................45537
    Implementation (temporary).....................................65838
165.1407 Revised...................................................75040
165.1408 Added.....................................................75040
165.1409 Added.....................................................75041
165.1410 Added.....................................................75041
165.1705 Regulation at 64 FR 29558 confirmed.......................20473
165.T01-011 Added (temporary)......................................15587
165.T01-033 Added (temporary)......................................30360
165.T01-053 Added (temporary)......................................29626
165.T01-072 Added (temporary)......................................42495
165.T01-085 Added (temporary)......................................55541
165.T01-106 Added (temporary)......................................74679
165.T01-155 Added (temporary).......................................2019
    (b) revised (temporary)........................................30638
165.T05-004 Added (temporary).......................................5052
165.T05-006 Added (temporary).......................................3624
165.T05-007 Added (temporary)......................................15769
165.T05-008 Added (temporary).......................................6351
165.T05-018 Added (temporary)......................................16413
165.T05-021 Added (temporary)......................................16115
165.T05-033 Added (temporary)......................................37679
165.T05-036 Added (temporary)......................................34357
165.T05-052 Added (temporary)......................................35534
165.T05-053 Added (temporary)......................................38015
165.T05-101 Added (temporary)......................................49489
165.T05-113 Added (temporary)......................................54480
165.T05-122 Added (temporary)......................................57152
165.T05-123 Added (temporary)......................................69281
165.T05-210 Added (temporary).......................................2808
165.T07-05-005 Added (temporary)....................................5050
    Removed........................................................22257
165.T07-031 Added (temporary)......................................32238
165.T07-033 Added (temporary)......................................17609
165.T07-042 Added (temporary)......................................29201
165.T07-050 Added (temporary)......................................29624
165.T07-051 Added (temporary)......................................36840
165.T07-076 Added (temporary)......................................36511
165.T07-079 Added (temporary)......................................39925
165.T07-090 Added (temporary).......................................3621
165.T07-092 Added (temporary)......................................42491
165.T07-100 Added (temporary).......................................1189
165.T07-118 Added (temporary).......................................2951
165.T07-120 Added (temporary)......................................61741
165.T07-133 Added (temporary).......................................3628
165.T07-134 Added (temporary).......................................1346
165.T07-147 Added (temporary)......................................30635
165.T07-153 Added (temporary)......................................70493
165.T07-154 Added (temporary)......................................70732
165.T08-037 Added (temporary)......................................20815
165.T08-153 Added (temporary)......................................53072
165.T08-999 Added; interim.........................................55254
165.T09-001 Added (temporary).......................................3627
165.T09-009 Added (temporary)......................................20810
165.T09-014 Added (temporary)......................................34065
165.T09-016 Added (temporary)......................................32243
165.T09-017 Added (temporary)......................................32241
165.T09-019 Added (temporary)......................................34355
165.T09-026 Added (temporary)......................................37040
165.T09-027 Added (temporary)......................................38016
    (a) and (b) revised............................................40889
165.T09-100 Added (temporary)......................................43779
165.T09-101 Added (temporary)......................................43777
165.T09-102 Added (temporary)......................................46410
165.T09-108 Added (temporary)......................................51266
165.T09-115 Added (temporary)......................................50978
165.T09-118 Added (temporary)......................................51264
165.T09-123 Added (temporary)......................................54840
165.T09-126 Added (temporary)......................................55535
165.T09-135 Added (temporary)......................................74204
165.T11-004 Added (temporary)......................................11548
165.T11-020 Added (temporary)......................................18304
165.T11-039 Added (temporary)......................................55538
165.T11-048 Added (temporary)......................................16416
165.T13-05-017 Added (temporary)...................................58610
165.T13-005 Added (temporary)......................................36842
165.T13-006 Added (temporary)......................................36838
165.T13-007 Added (temporary)......................................37681
165.T13-008 Added (temporary)......................................41344
165.T13-009 Added (temporary)......................................41346
    (a)(1)(ii) and (2)(ii) revised (temporary).....................52310
    Technical correction...........................................54447
165.T13-010 Added (temporary)......................................42493
165.T13-011 Added (temporary)......................................43637
165.T13-013 Added (temporary)......................................45539
    Revised (temporary)............................................50976
165.T13-014 Added (temporary)......................................48276
165.T13-019 Added (temporary).........................................22
165.T17-003 Added (temporary)......................................43775
165.T17-010 Added (temporary)................................2357, 28429
    Revised (temporary)............................................70733
165.T17-011 Added (temporary).......................................7657
165.T17-012 Added (temporary).......................................7655
165.T17-020 Added (temporary)......................................37683
165.T17-021 Added (temporary)......................................60007
165.T017-140 Added (temporary).....................................65837

[[Page 1011]]

166.103 Correctly reinstated in part; CFRcorrection................11551
166.105 Correctly reinstated; CFR correction.......................11551
166.110 Correctly reinstated; CFR correction.......................11551
166.200 Correctly reinstated in part; CFR correction...............11551
168 Authority citation revised.....................................55730
168.50 (b)(2) removed..............................................55730
174 Authority citation revised.....................................13105
    Technical correction...........................................15587
174.31 Heading revised; (b) redesignated as (c); new (b)added......13105

                                  2006

33 CFR
                                                                   71 FR
                                                                    Page
Chapter I
125 Clarification..................................................25066
    Technical correction...........................................44915
135.305 (b) amended................................................39209
138 Policy statement...............................................47737
146.30 Amended.....................................................39209
146.35 Amended.....................................................39209
146.125 Amended....................................................39209
146.303 Amended....................................................39209
147 Temporary regulations list.....................................19431
148--150 (Subchapter NN) Revised...................................57651
148.5 Amended......................................................39209
151 Policy statement...............................................75421
151.09 (a)(4) amended..............................................39209
151.15 (d)(2) amended..............................................39209
151.19 Amended.....................................................39209
151.21 Amended.....................................................39209
151.25 Amended.....................................................39209
151.57 Amended.....................................................39209
153.203 Amended....................................................39209
154.310 Amended....................................................39209
154.740 Amended....................................................39209
154.804 Amended....................................................39209
154.806 Amended....................................................39210
155.370 Amended....................................................39210
155.440 Amended....................................................39210
155.750 Amended....................................................39210
155.1010--155.1070 (Subpart D) Heading revised.....................39210
156.120 Amended....................................................39210
156.170 Amended....................................................39210
157.04 Amended.....................................................39210
157.24a Amended....................................................39210
157.37 Amended.....................................................39210
157.100 Amended....................................................39210
157.102 Amended....................................................39210
157.108 Amended....................................................39210
157.110 Amended....................................................39210
157.116 Amended....................................................39210
157.118 Amended....................................................39210
157.200 Amended....................................................39210
157.206 Amended....................................................39210
157.208 Amended....................................................39210
157.214 Amended....................................................39211
157.216 Amended....................................................39211
158 Policy statement...............................................75421
160 Policy statement...............................................62210
160.7 (c) and (d) redesignated as (d) and (e); (b) amended;new (c) 
        added; new (d) revised.....................................39211
164.15 (a)(1) amended..............................................39211
165 Temporary regulations list...............................8211, 19431
165.5 Amended......................................................39211
165.9 (d) amended..................................................54421
165.501 (d)(9)(iv) revised.........................................39211
165.907 Implementation (temporary)..........................32838, 37495
165.909 Implementation (temporary).................................33622
165.914 Implementation (temporary).................................37502
165.927 Added......................................................66112
165.928 Added......................................................45389
165.1197 Added.....................................................12138
165.1312 Implementation (temporary)................................26416
165.1315 Heading and (a)(8) revised; (a)(9) through (14)added......30805
165.1318 Implementation (temporary)................................26419
165.1710 Added......................................................2154
165.1711 Added.....................................................19123
165.T01-007 Added (temporary)......................................10438
165.T01-042 Added (temporary)......................................37498
165.T01-064 Added (temporary)......................................38534
165.T01-067 Added (temporary)......................................38090
165.T01-095 Added (temporary)......................................46860
165.T01-098 Added (temporary)......................................43657
165.T01-102 Added (temporary)......................................46102
165.T01-106 (b) and (c) revised (temporary)........................31085
165.T01-108 Added (temporary)......................................49997
165.T01-116 Added (temporary)......................................61901
165.T01-131 Added (temporary)......................................67057
165.T01-142 Added (temporary)......................................71485
165.T05-003 Added (temporary)......................................20015
165.T05-009 Added (temporary).......................................5790
165.T05-014 Added; eff. 7-4-06.....................................35394
165.T05-051 Added (temporary)......................................31946
165.T05-052 Added (temporary)......................................30061

[[Page 1012]]

    (b) correctly revised (temporary)..............................31088
    Correctly designated...........................................34822
165.T05-055 Added (temporary)......................................34257
165.T05-059 Added (temporary)......................................48479
165.T05-062 Added (temporary)......................................49994
165.T05-092 Added (temporary)......................................64635
165.T05-093 Added (temporary)......................................54418
165.T05-106 Added (temporary)......................................67802
165.T05-109 Added (temporary)......................................67305
165.T05-121 Added (temporary)......................................78365
165.T05-123 Added (temporary)......................................78363
165.T06-017 Added (temporary)......................................44217
165.T06-037 Added (temporary)......................................43977
165.T06-061 Added (temporary)......................................43975
165.T06-070 Added (temporary)......................................48799
165.T07-003 Added (temporary)................................3006, 30064
    Removed........................................................32840
165.T07-029 Added (temporary).......................................9930
165.T07-034 Added (temporary)......................................14383
165.T07-063 Added (temporary)......................................20013
165.T07-066 Added (temporary)......................................26231
165.T07-072 Added (temporary)......................................26418
165.T07-089 Added (temporary)......................................40920
165.T07-104 Added (temporary); eff.7-4-06..........................36206
165.T07-110 Added (temporary)......................................35801
165.T07-111 Added (temporary)......................................37826
165.T07-112 Added (temporary); eff.7-4-06..........................35539
165.T07-113 Added (temporary); eff.7-4-06..........................35541
165.T07-115 Added (temporary)......................................38528
165.T07-136 Added (temporary)......................................38532
165.T07-143 Added (temporary).......................................3008
165.T07-163 Added (temporary).......................................3004
165.T07-164 Added (temporary)......................................45738
165.T07-166 Added (temporary)......................................11507
165.T07-175 Added (temporary)......................................61903
165.T07-195 Added (temporary)......................................64116
165.T07-219 Added (temporary)......................................64118
165.T07-220 Added (temporary)......................................67307
165.T07-276 Added (temporary)......................................78367
165.T09-001 Added (temporary).......................................4822
165.T09-002 Added (temporary).......................................6978
165.T09-017 Added (temporary)......................................19121
165.T09-018 Added (temporary)......................................19650
165.T09-024 Added (temporary)......................................27623
165.T09-029 Added (temporary)......................................30066
165.T09-031 Added (temporary)......................................36013
165.T09-032 Added (temporary)......................................38530
165.T09-038 Added (temporary)......................................35799
165.T09-049 Added (temporary)......................................36208
165.T09-050 Added (temporary); eff.7-2-06..........................36202
165.T09-051 Added (temporary); eff.7-3-06..........................36200
165.T09-052 Added (temporary); eff.7-3-06..........................36198
165.T09-053 Added (temporary); eff.7-4-06..........................36210
165.T09-054 Added (temporary); eff.7-7-06..........................35795
165.T09-055 Added (temporary); eff.7-8-06..........................35797
165.T09-056 Added (temporary)......................................38088
165.T09-060 Added (temporary); eff.7-9-06..........................36204
165.T09-063 Added (temporary)......................................36485
165.T09-067 Added (temporary)......................................37502
165.T09-068 Added (temporary)......................................37500
165.T09-070 Added (temporary)......................................37837
165.T09-071 Added (temporary)......................................37835
165.T09-072 Added (temporary)......................................37828
165.T09-074 Added (temporary)......................................37839
165.T09-075 Added (temporary)......................................37831
165.T09-078 Added (temporary)......................................37833
165.T09-080 Added (temporary)......................................37824
165.T09-113 Added (temporary)......................................45391
165.T09-114 Added (temporary)......................................45395
165.T09-115 Added (temporary)......................................45393
165.T09-117 Added (temporary)......................................40922
165.T09-135 Added (temporary)......................................44219
165.T09-142 Added (temporary).......................................4490
165.T09-146 Added (temporary)......................................47740
165.T09-147 Added (temporary)......................................47742
165.T11-056 Added (temporary)........................................541
165.T11-070 Added (temporary)......................................15040
165.T11-073 Added (temporary)......................................14647
165.T11-099 Added (temporary)......................................51756
165.T11-105 Added (temporary)......................................39567
165.T11-110 Added (temporary)......................................39569
165.T11-127 Added (temporary)......................................47100
165.T11-146 Added (temporary)......................................55739
165.T13-001 Added (temporary).......................................4044
    Regulation at 71 FR 4044 eff. date corrected....................5172
165.T13-004 Added (temporary)......................................14381
165.T13-005 Added (temporary)......................................24581
165.T13-006 Added (temporary)......................................24580
165.T13-024 Added (temporary)......................................47458
165.T13-025 Added (temporary)......................................47456
165.T13-026 Added (temporary)......................................47454
165.T13-035 Added (temporary)......................................61905
165.T13-039 Added (temporary)......................................75665
165.T13-040 Added (temporary)......................................75669
165.T13-041 Added (temporary)......................................75667
165.T14-132 Added (temporary).......................................4820
165.T14-137 Added (temporary)......................................19652
165.T14-142 Added (temporary)......................................25070
165.T14-144 Added (temporary)......................................28776

[[Page 1013]]

165.T14-149 Added (temporary)......................................67059
165.T14-150 Added (temporary)......................................69485
165.T17-022 Added (temporary).......................................2888
165.T17-023 Added (temporary).......................................5012
165.T17-071 Added (temporary)......................................38536
165.T17-072 Added (temporary)......................................55741
165.T17-124 Added (temporary).......................................8215

                                  2007

33 CFR
                                                                   72 FR
                                                                    Page
Chapter I
125 Authority citation revised......................................3587
125.09 (f) revised; (g) added.......................................3587
135 Authority citation revised.....................................36328
135.305 (a)(2) amended.............................................36328
147 Authority citation revised.....................................45903
150.930 Revised....................................................45903
150.940 Revised....................................................45903
151 Authority citation revised..............................27739, 45904
151.07 Introductory text amended...................................36328
151.09 (b)(3) note added; (d) note removed.........................45904
151.25 (b) amended.................................................36328
151.2010 Revised...................................................27739
155.1050 (k)(3) suspension extended to2-12-09.......................6170
155.1052 (f) suspension extended in part to2-12-09..................6170
160.7 (c) and (d) correctly revised................................17409
160.215 Amended....................................................36328
161.12 (c) table amended...........................................50058
    (c) table footnote 5 correctly revised.........................70780
161.35 Table (B) amended; Table (C) revised........................45904
162 Authority citation revised.....................................36328
162.240 (d) amended................................................36328
165 Temporary regulations list......................................5333
    Authority citation revised..............................15836, 50058
    Technical correction...........................................73263
165.35-T11-200 Added (temporary)...................................34627
165.35-T11-204 Added (temporary)...................................34629
165.100 (d)(1)(i) introductory text and (G) revised; (d)(5)added 
                                                                   50058
    (d)(5)(iv) correctly revised...................................70780
    (d)(5)(iv) introductory text correctly revised.................73263
165.151 (b) amended................................................36328
165.501 (b) amended................................................36328
165.506 Revised.....................................................9439
165.507 Added......................................................14422
165.508 Added......................................................15836
165.509 Added......................................................24188
165.510 (b) amended................................................36328
165.511 (a), (b)(2) through (5) and (d) amended....................36328
165.512 Added; eff. 7-25-07........................................34624
165.514 (d) amended................................................36328
165.515 (c) amended................................................36328
165.530 (b)(1) and (3) amended.....................................36329
165.535 (b), (d)(2) and (3) amended................................36329
165.552 (c) amended................................................36329
165.553 (c) amended................................................36329
165.554 (c) amended................................................36329
165.703 (d) amended................................................36329
165.704 Amended....................................................36329
165.709 (b) amended................................................36329
165.751 Added; interim...............................................909
    Revised........................................................27246
165.754 (b)(3) and (4) amended.....................................36329
165.755 (c) amended................................................36329
165.756 Revised; interim............................................2453
    Regulation at 72 FR 2453 confirmed.............................51557
165.757 (b) amended................................................36329
165.758 (b)(3) amended.............................................36329
165.760 (a)(1), (3) and (5) through (8) suspended(temporary).......45164
165.762 (b)(3) amended.............................................36329
165.764 (b)(1) amended.............................................36329
    (a)(1) suspended (temporary)...................................45164
165.766 Added; interim.............................................43537
165.810 (g) added..................................................41625
165.811 (f)(4) and end note removed................................27741
165.825 (b)(3) amended.............................................36329
165.904 (c)(1) amended.............................................36329
165.907 (b)(3) amended.............................................36329
165.909 (a)(11) implementation (temporary).........................10358
    (a)(12) implementation (temporary).............................17024
    Removed........................................................32188
    (b)(3) amended.................................................36329
165.910 Amended....................................................36329
165.914 (b)(3) and (4) amended.....................................36329
165.915 Amended....................................................36329
165.917 Removed.....................................................3061
165.918 Removed....................................................32188
165.921 (e)(1)(i) and (2)(v) amended...............................36329
165.928 Implementation (temporary).................................46145
165.929 Added......................................................32183

[[Page 1014]]

165.931 Added......................................................32521
    Implementation (temporary).....................................45642
165.933 Added......................................................32525
    Implementation (temporary)..............................58522, 68506
165.935 Added......................................................32523
    Implementation (temporary)..............................38488, 45642
165.1191 Implementation (temporary)................................33163
    (b) amended....................................................36329
165.1199 (d) amended...............................................36329
165.1312 Implementation (temporary)................................25966
165.1403 Heading and (a) revised...................................65460
165.1407 (a)(7) added; (d) heading and (1) introductory 
        textrevised................................................44777
    (d)(1) introductory text correctly revised.....................57863
165.1408 (a)(1), (2), (b), (c)(1) and (2) revised..................44777
165.1409 (a)(1), (2), (b), (c)(1) and (2) revised; (a)(3)added.....44777
165.1410 (a)(1), (2), (b), (c)(1) and (2) revised..................44778
165.T01-001 Added (temporary)......................................33689
165.T01-002 Added (temporary)......................................33885
165.T01-008 Added (temporary)......................................32008
165.T01-012 Added (temporary)...............................10362, 18891
165.T01-036 Added (temporary)......................................35170
165.T01-037 Added (temporary)......................................35176
165.T01-043 Added (temporary)......................................33887
165.T01-049 Added (temporary)......................................28866
165.T01-060 Added (temporary)......................................33685
165.T01-061 Added (temporary)......................................33683
165.T01-063 Added (temporary)......................................33681
165.T01-064 Added (temporary)......................................33896
165.T01-065 Added (temporary)......................................33894
165.T01-067 Added (temporary)......................................33892
165.T01-073 Added (temporary)......................................35172
165.T01-074 Added (temporary)......................................35168
165.T01-075 Added (temporary)......................................35354
165.T01-079 Added (temporary)......................................35015
165.T01-080 Added (temporary)......................................35164
165.T01-082 Added (temporary)......................................35352
165.T01-116 Added (temporary)......................................49195
165.T01-132 Added (temporary).......................................5621
    (b) revised....................................................68506
165.T01-145 Added (temporary)......................................59947
165.T01-157 Added (temporary)......................................65888
165.T05-011 Added (temporary).......................................8114
    Correctly revised (temporary)..................................10359
165.T05-015 Added (temporary)......................................20054
    (d) and (e) revised (temporary)................................25688
165.T05-023 Added (temporary)......................................16728
165.T05-024 Added (temporary)......................................15838
165.T05-034 Added (temporary)......................................18128
165.T05-035 Added (temporary)......................................18889
165.T05-037 Added (temporary)......................................30270
165.T05-038 Correctly redesignated from165.T07-038.................23771
165.T05-040 Added (temporary)......................................26300
165.T05-071 Added (temporary)......................................42309
165.T05-080 Added (temporary)......................................46899
165.T05-081 Added (temporary)......................................48238
165.T05-085 Added (temporary)......................................51713
165.T05-120 Added (temporary)........................................907
165.T05-123 Added (temporary)......................................62119
165.T07-031 Added (temporary)......................................34618
165.T07-038 Added (temporary)......................................20052
    Section designation corrected..................................23771
165.T07-047 Added (temporary)......................................45164
165.T07-048 Added (temporary)......................................18587
165.T07-065 Added (temporary)......................................40244
165.T07-072 Added (temporary)......................................34611
165.T07-142 Added (temporary)......................................57202
165.T07-163 Added (temporary)......................................40242
165.T08-018 Added (temporary)......................................60780
165.T08-826 Added (temporary)...............................24536, 56015
165.T09-003 Added (temporary)......................................30268
165.T09-011 Added (temporary)......................................18126
165.T09-012 Added (temporary)......................................29256
165.T09-013 Added (temporary)......................................31183
165.T09-014 Added (temporary)......................................30265
165.T09-015 Added (temporary)......................................20728
165.T09-016 Added (temporary)......................................54839
165.T09-021 Added (temporary)......................................33158
165.T09-025 Added (temporary)......................................30485
165.T09-030 Added (temporary)......................................33160
165.T09-032 Added (temporary)......................................33395
165.T09-034 Added (temporary)......................................34616
165.T09-035 Added (temporary)......................................35174
165.T09-036 Added (temporary)......................................33883
165.T09-037 Added (temporary)......................................33898
165.T09-038 Added (temporary)......................................35166
165.T09-039 Added (temporary)......................................34385
165.T09-040 Added (temporary)......................................35162
165.T09-041 Added (temporary)......................................34389
165.T09-042 Added (temporary)......................................34381
165.T09-043 Added (temporary)......................................34620
165.T09-044 Added (temporary)......................................34387
165.T09-045 Added (temporary)......................................34383
165.T09-046 Added (temporary)......................................34391
165.T09-047 Added (temporary)......................................34394
165.T09-050 Added (temporary)......................................38787
165.T09-055 Added (temporary)......................................39318
165.T09-060 Added (temporary)......................................38014

[[Page 1015]]

165.T09-061 Added (temporary)......................................38016
165.T09-062 Added (temporary)......................................38012
165.T09-108 Added (temporary)......................................45161
165.T09-116 Added (temporary)......................................51559
165.T09-119 Added (temporary)......................................54841
165.T09-122 Added (temporary)......................................57862
165.T11-180 Added (temporary)......................................26298
165-T11-181 Added (temporary)......................................20945
165.T11-187 Added (temporary)......................................33162
    (a) and (c) revised (temporary)................................36883
165.T11-192 Added (temporary)......................................30272
165.T11-195 Added (temporary)......................................33393
165.T11-196 Added (temporary)......................................33687
165.T11-197 Added (temporary)......................................33390
165.T11-198 Added (temporary)......................................33890
165-T11-199 Added (temporary)......................................34622
165-T11-205 Added (temporary)......................................34614
165.T11-213 Added (temporary)......................................40077
165.T11-241 Added (temporary)......................................56900
165.T11-247 Added (temporary)......................................57860
165.T11-254 Added (temporary)......................................63490
165.T13-002 Added (temporary).......................................3745
165.T13-003 Added (temporary).......................................3743
165.T13-004 Added (temporary).......................................3747
165.T13-008 Added (temporary)......................................16276
165.T13-012 Added (temporary)......................................33900
165.T13-043 Added (temporary)......................................72253
165.T14-152 Added (temporary).......................................4640
165.T14-156 Added (temporary)......................................48557
165.T14-160 Added (temporary)......................................50879
    (b) and (c)(3) corrected.......................................52282
    (a) correctly amended..........................................54214
165.T14-163 Added (temporary)......................................61522
165.T14-164 Added; interim (temporary).............................67255
165.T17-072 Added (temporary)......................................60561

                                  2008

    (Regulations published from January 1, 2008 through July 1, 2008)

33 CFR
                                                                   73 FR
                                                                    Page
Chapter I
126.3 Amended......................................................35013
135.305 (a)(1) amended.............................................35013
137 Added...........................................................2150
150.940 (c) added; eff.7-17-08.....................................34194
151.05 Amended.....................................................35013
151.06 (a)(8) and (9) revised; (a)(10), (11) and (12)added.........35013
151.09 (b)(3) note moved to end of section andrevised..............35013
151.13 (a) amended; (h) revised....................................35013
151.15 (d)(2) amended..............................................35014
151.26 (b)(3)(iii)(B) amended......................................35014
151.27 (b) amended.................................................35014
151.28 Amended.....................................................35014
151.30 (a)(4)n; note revised.......................................35014
151.39 Amended.....................................................35014
151.49 (a) amended.................................................35014
151.66 Note revised................................................35014
151.79 (c) amended.................................................35014
151.1012 (a) amended...............................................35014
151.1021 (b)(1) amended............................................35014
151.2043 (a) amended...............................................35014
151.2000--151.2065 (Subpart D) Appendix amended....................35014
153.103 (k) amended................................................35014
153.203 Amended....................................................35014
154.1016 (c) amended...............................................35014
154.1035 (b)(1)(ii) amended........................................35014
154.1216 (b)(5) amended............................................35014
155 Authority citation revised.....................................35014
155.140 (a) amended................................................35015
155.200 Suspended in part from 6-4-08 to6-6-11.....................24500
155.490 Suspended from 6-4-08 to6-6-11.............................24500
155.1025 (e)(1) amended............................................35015
155.1030 (j) introductory text, (3) and (k) introductorytext 
        amended....................................................35015
155.1035 (b)(5)(i) amended.........................................35015
155.1050 (l)(1)(iii) amended.......................................35015
155.1060 (h) note amended..........................................35015
155.1065 (a), (g) and (h) amended..................................35015
155.1070 (f) amended...............................................35015
155 Appendix B amended.............................................35015
156.111 (a) amended................................................35015
156.120 (ee) suspended from 6-4-08 to6-6-11........................24500
157 Nomenclature change............................................35015
157.02 (a) amended.................................................35015
157.06 (c) and (d) amended.........................................35015
157.08 (n)(3)(ii)(B) amended.......................................35015
157.37 (a)(7) amended..............................................35015
157.100 (b) amended................................................35015
157.200 (b) amended................................................35015
157 Appendices A, B and C amended..................................35015
158.120 Amended....................................................35015
159 Nomenclature change............................................35015
159.201 Amended....................................................35016
161 Authority citation revised.....................................35016
161.12 (c) table amended...........................................35016
162.15 (a) amended.................................................35016
162.75 (b)(3)(i), (4), (5)(vi) and (7) amended.....................35016
162.90 (b)(4)(i) amended...........................................35016

[[Page 1016]]

162.200 (a) revised................................................35016
162.220 (a)(2) amended.............................................35016
162.235 (a)(6) revised.............................................35016
162.240 (d) amended................................................35016
164.03 (a) amended.................................................35016
165.100 (a) amended................................................35016
165.110 (a), (c)(2) and (3) revised; (b)(4) added; eff.7-17-08.....34194
165.117 Added; eff. 7-17-08........................................34194
165.161 Revised....................................................35016
165.165 Removed....................................................35017
165.167 Removed....................................................35017
165.168 Heading amended............................................35017
165.169 Amended....................................................35017
165.202 Removed....................................................28707
165.754 (b)(3) and (4) amended.....................................35017
165.755 (a)(2) and (c) amended.....................................35017
165.757 (b) amended................................................35017
165.758 (b)(2) and (3) amended.....................................35017
165.760 (a)(1), (3) and (5) through (8) suspended(temporary)........1279
    (a)(1), (3), (5), (7), (b) and (c) revised; (a)(14) and 
(15)added...........................................................1282
165.762 (b)(2) and (3) amended.....................................35017
165.764 (a)(1) suspended (temporary)................................1279
    Removed.........................................................1282
165.767 Added.......................................................3651
165.768 Added; interim..............................................6613
165.770 Added......................................................27746
165.773 Added; interim.............................................28710
165.914 Removed....................................................28707
165.935 Implementation (temporary).................................34195
165.939 Added......................................................28705
165.1191 Implementation (temporary)..................26019, 36791, 36792
165.1312 Implementation (temporary)................................28321
165.1315 (a)(2) implementation (temporary).........................29987
165.1411 Added.....................................................13131
165.T-0046 Added (temporary).......................................30775
165.T-0309 Added (temporary).......................................26019
165.T01-165 Added (temporary)......................................30485
165.T01-0173 Added (temporary).....................................15904
165.T01-0191 Added (temporary)......................................1276
165.T01-0301 Added (temporary).....................................31613
165.T01-0341 Added (temporary).....................................31365
165.T01-0363 Added (temporary).....................................33303
165.T01-0372 Added (temporary).....................................28041
165.T01-0421 Added (temporary).....................................35348
165.T05-001 Added (temporary).......................................5097
165.T05-005 Added (temporary)......................................14183
165.T05-007 Added (temporary)......................................13758
165.T05-011 Added (temporary)......................................13760
165.T05-014 Added (temporary)......................................12893
165.T05-019 Added (temporary)......................................36428
165.T05-023 Added (temporary)......................................21249
165.T05-0065 Added (temporary).....................................35928
165.T05-0272 Added (temporary).....................................35350
165.T05-0315 Added (temporary).....................................35590
165.T05-0338 Added (temporary).....................................27462
165.T05-0395 Added (temporary).....................................30483
165.T05-0427 Added (temporary).....................................34197
165.T05-0463 Added (temporary).....................................35925
165.T05-0471 Added (temporary).....................................35934
165.T05-0472 Added (temporary).....................................35932
165.T05-901 Added (temporary).................................4080, 5751
165.T07-0097 Added (temporary)......................................1279
165.T08-012 Added (temporary)......................................20799
165.T08-0093 Added (temporary).....................................36280
165.T09-004 Added (temporary)......................................23353
165.T09-0483 Added (temporary).....................................34869
165.T09-0490 Added (temporary).....................................36430
165.T09-0491 Added (temporary).....................................35346
165.T09-0492 Added (temporary).....................................36276
165.T11-001 Added (temporary)......................................20174
165-T11-011 Added (temporary)......................................11816
165.T11-014 Added (temporary)......................................36426
165.T11-036 Added (temporary)......................................35344
165.T11-042 Added (temporary)......................................35939
165.T11-043 Added (temporary)......................................36278
165.T11-044 Added (temporary)......................................35930
165.T11-045 Added (temporary)......................................35936
165.T11-063 Added (temporary)......................................36432
165.T11-261 Added (temporary)......................................18963
165.T13-031 Added (temporary)......................................33007
165.T13-034 Added (temporary)......................................34871
165.T13-035 Added (temporary)......................................36435

[[Page 1017]]

165.T13-037 Added (temporary)......................................34874
165.T14-164 Revised (temporary).......................................47
165.T14-165 Added (temporary).......................................4697
165.T14-168 Added (temporary)......................................12639
166.200 (b) amended; (d) revised...................................35017
169 Authority citation revised.....................................23318
169.1 Amended......................................................23318
169.5 Amended......................................................23318
169.15 Added.......................................................23319
169.200--169.245 (Subpart C) Added.................................23319
173.3 (g) revised..................................................35024
174.7 Amended......................................................35024
174.121 Amended....................................................35024
174.125 Amended....................................................35024
179.19 (a) amended.................................................35024
181.31 (a) and (b) amended.........................................35024
181.33 (b) amended.................................................35024
183.5 (a) amended..................................................35024
187.7 Amended......................................................35024
187.11 (a) amended.................................................35024
187.13 (a) amended.................................................35024


                                  [all]